BILL ANALYSIS Ó
AB 708
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ASSEMBLY THIRD READING
AB 708 (Knight)
As Introduced February 17, 2011
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 15-0
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|Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Fuentes, Harkey, |
| |Hagman, Hill, Mitchell, | |Blumenfield, Bradford, |
| |Skinner | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, |
| | | |Solorio |
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SUMMARY : Adds crimes involving hidden recordings to the list of
offenses for which the statute of limitations does not begin to
run until discovery of the offense. Specifically, this bill
provides that a criminal complaint may be filed within one year
of the date of discovery of a hidden recording related to a
violation of provisions prohibiting the use of concealed
camcorders, motion picture cameras, or photographic cameras, to
secretly videotape another, as specified.
EXISTING LAW :
1) Declares that it is a misdemeanor for a person to use a
concealed camcorder, motion picture camera or photographic
camera to secretly record, as specified, another
identifiable person under or through the clothing being
worn by that other person, for the purpose of viewing the
body of or undergarments worn by that other person, without
the consent or knowledge of that other person, with the
intent to arouse, appeal to or gratify lust, passions or
sexual desires of that person, and invade the privacy of
that other person, under circumstances in which the other
person has a reasonable expectation of privacy.
2) Provides that it is a misdemeanor for a person to use a
concealed camcorder, motion picture camera or photographic
camera to secretly record, as specified, another
identifiable person who may be in a state of full or
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partial undress, for the purpose of viewing the body of or
undergarments worn by that other person, without the
consent or knowledge of that other person, in the interior
of an area in which that other person has a reasonable
expectation of privacy, with the intent to invade the
privacy of that other person.
3) Directs that, except in cases where a different
punishment is prescribed by California law, 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.
4) States that, unless specified, prosecution for an
offense not punishable by death or imprisonment in state
prison shall be commenced within one year after commission
of the offense.
5) Declares that unless provided, as specified, a
limitation of time is not tolled or extended for any
reason.
6) Clarifies that if more than one time period, as
specified, applies, the time for commencing an action shall
be governed by the period that expires later in time.
7) Directs that the statute of limitations for a number of
specified crimes, including offenses under the Water Code,
the Health and Safety Code or the Business and Professions
Code, does not commence to run until the offense has been,
or could reasonably have been, discovered. The crimes
include hazardous waste violations, water quality offenses,
pharmacy law violations and illegal immigration
consultation.
8) Provides that prosecution for specified offenses
punishable by imprisonment in state prison relating to
fraud, breach of fiduciary duty, theft or embezzlement upon
an elder or dependent adult or official misconduct must be
commenced within four years after discovery of the
commission of the offense or within four years after the
completion of the offense, whichever is later.
FISCAL EFFECT : According to the Assembly Appropriations
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Committee, unknown, likely minor, non-state-reimbursable local
law enforcement costs, offset to a degree by increased fine
revenue, to investigate and punish the misdemeanor offenses
addressed by this bill.
COMMENTS : According to the author, "Hidden cameras are
appropriate in incidences where you are protecting the safety of
yourself, your children, your home, or other specific security
precautions. When it comes to video surveillance of other
people, it is illegal to have a concealed camcorder, motion
picture camera, or photographic camera of any type, to secretly
videotape individuals where they would normally expect complete
privacy. Examples of expected privacy areas would be bedrooms,
bathrooms, locker rooms, dressing rooms or hotel rooms.
"There is discrepancy in current law dealing with specific
statute of limitations for illegal hidden cameras. Recently an
investigation took place in Sacramento County where a man was
accused of secretly videotaping individuals in his home where
they would normally expect complete privacy. Some of the
evidence dates back more than three years of the official
investigation, falling outside of the statute of limitations for
prosecution.
"In order to protect public's safety and ensure individuals are
given their right to full privacy, existing law must be amended.
ÝThis bill] will address this issue regarding the statute of
limitation by providing that a criminal complaint may be filed
within one year of the date on which a hidden recording is
discovered relating to the provision of illegal hidden camera
devices. This bill is a minor amendment to the penal code that
will have a profound impact upon improving and protecting the
privacy of individuals."
Please see the policy committee for a full discussion of this
bill
Analysis Prepared by : Stefani Salt / PUB. S. / (916) 319-3744
FN: 0000278
AB 708
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