BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 665|
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                                 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 
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          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 







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          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 







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            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

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