BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 708|
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                                 THIRD READING


          Bill No:  AB 708
          Author:   Knight (R), et al.
          Amended:  7/11/11 in Senate
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 6/14/11
          AYES:  Hancock, Anderson, Calderon, Harman, Liu, Price, 
            Steinberg
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8
           
          ASSEMBLY FLOOR  :  74-0, 4/25/11 - See last page for vote


           SUBJECT  :    Crimes involving hidden recordings:  statute of 
          limitations

           SOURCE  :     Author


           DIGEST  :    This bill provides that a criminal complaint in 
          specified offenses relating to concealed cameras be filed 
          within one year of the camera being found.

           Senate Floor Amendments  of 7/11/11 (1) add a co-author, and 
          (2) add double-jointing amendments to avoid chaptering out 
          provisions in AB 109 (Assembly Budget Committee) which has 
          already been signed into law.

           ANALYSIS  :    Existing law provides that it is a misdemeanor 
          for a person to use a concealed camcorder, motion picture 
          camera or photographic camera to secretly record, as 
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          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.  (Penal Code ÝPEN] Section 647(j)(2))

          Existing law 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 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.  (PEN Section 647(j)(3))

          Existing law provides 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.  (PEN Section 
          19)

          Existing law 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.  (PEN Section 802)

          Existing law provides that unless provided, as specified, a 
          limitation of time is not tolled or extended for any 
          reason.  (PEN Section 803(a))

          Existing law provides 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. 
           (PEN Section 803.6(a))

          Existing law provides that the statute of limitations for a 
          number of specified crimes, including offenses under the 







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          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.  (PEN Section 803(e))

          Existing law 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.  (PEN Section 801.5 and 803(c))

          This bill provides that a criminal complaint must 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 in PEN 
          Section 647 (j)(2)and (3).

          This bill is double-jointed with the Budget trailer bill, 
          AB 109 (Assembly Budget Committee), Chapter 15, Statutes of 
          2011.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  7/11/11)

          California State Sheriffs' Association
          California District Attorneys Association
          California Narcotics Officers' Association
          California Police Chiefs Association

           ARGUMENTS IN SUPPORT  :    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 







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            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."


           ASSEMBLY FLOOR  :  74-0, 4/25/11
          AYES:  Achadjian, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Galgiani, 
            Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall, 
            Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, 
            Huffman, Jeffries, Jones, Knight, Logue, Bonnie 
            Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, 
            Monning, Morrell, Nestande, Nielsen, Norby, Pan, Perea, 
            V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, 
            Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, 
            Williams, Yamada, John A. Pérez
          NO VOTE RECORDED:  Alejo, Furutani, Gorell, Lara, Olsen, 
            Vacancy







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          RJG:kc  7/12/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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