BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 665| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 665 Author: Torres (D) Amended: 6/27/11 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 7/5/11 AYES: Hancock, Anderson, Calderon, Harman, Liu, Price, Steinberg SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 70-0, 5/12/11 (Consent) - See last page for vote SUBJECT : Disorderly conduct SOURCE : Author DIGEST : This bill doubles the misdemeanor penalties - to a maximum jail term of one year and a maximum fine of $2,000 - for a second or subsequent conviction of violating another person's reasonable expectation of privacy, or the first conviction where the victim is a minor, by doing any of the following: (1) looking into a bedroom, bathroom, changing room or similar place through a hole or by means of any instrumentality; (2) using a concealed video recording device, camera or other electronic device to record or film the body or underclothing of another person while the person is in or using a bedroom, bathroom, fitting room or similar place; and (3) using a concealed CONTINUED AB 665 Page 2 video recording device, camera or other electronic device to record or film the body or underclothing of another person for sexual gratification. ANALYSIS : Existing law makes it a misdemeanor for any person, with the intent to invade another person's privacy, to look through a hole, or otherwise use an instrumentality such as binoculars or a camera, to view the interior of a bedroom, bathroom, changing room, tanning booth, or other place in which the occupant has a reasonable expectation of privacy. (Penal Code Section 647, subd. (j)(1).) Existing law makes it a misdemeanor for any person, without consent, to use a concealed device to secretly videotape or record another person who is fully or partly undressed, for the purpose of viewing that person's body or undergarments while he/she is in a bedroom, bathroom, changing room, tanning booth, or interior of any place where the other person has a reasonable expectation of privacy, with the intent to invade the victim's privacy. (Penal Code Section 647, subd. (j)(3).) Existing law makes it a misdemeanor for any person to use a device to secretly and without consent videotape or record another person under or through his/her clothing, for the purpose of viewing that person's body or undergarments under circumstances in which that person has a reasonable expectation of privacy, if the perpetrator commits the act for sexual gratification. (Penal Code Section 647, subd. (j)(2).) Existing law states that, unless otherwise specified, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding $1,000, or by both. (Penal Code Section 19.) This bill makes a second or subsequent misdemeanor offense of invasion of another person's privacy, as specified, punishable by up to one year in a county jail, a fine of up to $2,000, or both. This bill provides that where the victim is a minor, the first conviction for of invasion of another person's AB 665 Page 3 privacy, as specified, is punishable by up to one year in a county jail, a fine of up to $2,000, or both. This bill applies the increased misdemeanor penalties to invasion of privacy that occurs while the victim is in a private place, such as a bedroom, bathroom or changing room, as specified, or where the perpetrator secretly films or video records the victim in a public place for purposes of the perpetrator's sexual gratification. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 8/15/11) California District Attorneys Association ARGUMENTS IN SUPPORT : According to the author: "Invasion of privacy is an insidious offense that can leave its victims and their family members with emotional impacts ranging from embarrassment and anger to feelings of loss of security in public places. People can fall prey to this type of offense while at shopping stores and in dressing rooms. Furthermore, given today's advances in technology, private images of victims could easily be posted and distributed on the internet. But, as perturbing as this offense can be to its victims, repeating offenders have little incentive to curb their behavior because they know little or nothing will be done to punish their offenses. "Increasing the penalty for this type of offense will help law enforcement crack down on individuals who are fully aware they should not be engaging in such behavior, but continue to inflict emotional distress on unsuspecting victims. AB 665 simply will give law enforcement, in cases where they encounter repeated offenders, the tools to charge those offenders with a higher penalty." ASSEMBLY FLOOR : 70-0, 5/12/11 AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill AB 665 Page 4 Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Chesbro, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, Silva, Skinner, Smyth, Solorio, Swanson, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Alejo, Cedillo, Conway, Garrick, Gorell, Roger Hernández, Bonnie Lowenthal, Mitchell, Portantino, Torres RJG:do 8/15/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****