BILL NUMBER: AB 1256	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 27, 2014
	PASSED THE ASSEMBLY  AUGUST 28, 2014
	AMENDED IN SENATE  AUGUST 22, 2014
	AMENDED IN SENATE  JUNE 24, 2014
	AMENDED IN SENATE  MAY 27, 2014
	AMENDED IN ASSEMBLY  JANUARY 15, 2014
	AMENDED IN ASSEMBLY  JANUARY 6, 2014
	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Bloom

                        FEBRUARY 22, 2013

   An act to amend Section 1708.8 of, and to add Section 1708.9 to,
the Civil Code, relating to civil law.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1256, Bloom. Civil law: privacy: entry and exit of facilities.
   Existing law provides that a person is liable for physical
invasion of privacy when the defendant knowingly enters onto the land
of another person without permission or otherwise commits a trespass
in order to physically invade the privacy of the plaintiff with the
intent to capture any type of visual image, sound recording, or other
physical impression of the plaintiff engaging in a personal or
familial activity and the physical invasion occurs in a manner that
is offensive to a reasonable person.
   This bill would recast these provisions to instead provide that a
person is liable for a physical invasion of privacy when the
defendant knowingly enters onto the land of another person without
permission or otherwise commits a trespass with the intent to capture
any type of visual image, sound recording, or other physical
impression of the plaintiff engaging in a private, personal, or
familial activity and the invasion occurs in a manner that is
offensive to a reasonable person. The bill would define "private,
personal, or familial activity," as specified, and provide that this
definition applies to physical and constructive invasion of privacy.
   Existing law provides that it is a crime punishable by a fine not
exceeding $500, by imprisonment in a county jail for a period of not
more than 6 months, or by both that fine and imprisonment, or by a
greater fine and a longer period of imprisonment if the defendant has
been previously convicted of a specified violation of law, to come
into any school building or upon any school grounds, without lawful
business thereon, if the defendant's presence or act interferes with
the peaceful conduct of the activities of the school or disrupts the
school or its pupils or school activities and the defendant remains
there after being asked to leave, reenters or comes upon that place
within 7 days of being asked to leave, has otherwise established a
continued pattern of unauthorized entry, or willfully or knowingly
creates a disruption with the intent to threaten the immediate
physical safety of any pupil in preschool, kindergarten, or any of
grades 1 to 8, inclusive, arriving at, attending, or leaving from
school, as specified.
   This bill would provide that it is unlawful for any person, except
a parent or guardian acting toward his or her minor child, to, by
force, threat of force, or physical obstruction that is a crime of
violence, intentionally injure, intimidate, interfere with, or
attempt to injure, intimidate, or interfere with any person
attempting to enter or exit a facility, or to, by nonviolent physical
obstruction, intentionally injure, intimidate, interfere with, or
attempt to injure, intimidate, or interfere with any person
attempting to enter or exit a facility. The bill would define
"facility" for purposes of these provisions as any public or private
school grounds, or any health facility. The bill would authorize a
person aggrieved by a violation of these provisions to bring a civil
action to enjoin the violation, for compensatory and punitive
damages, for injunctive relief, and for the cost of suit and
reasonable attorney's and expert witness' fees, or with respect to
compensatory damages, to elect, in lieu of actual damages, an award
of statutory damages, as specified. The bill would also authorize the
Attorney General, a district attorney, or a city attorney to bring a
civil action to enjoin a violation of these provisions, for
compensatory damages to persons and entities aggrieved by the
violation, and for the imposition of a civil penalty, as specified.
   This bill would incorporate additional changes to Section 1708.8
of the Civil Code proposed by AB 2306 that would become operative if
this bill and AB 2306 are both enacted and this bill is enacted last.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1708.8 of the Civil Code is amended to read:
   1708.8.  (a) A person is liable for physical invasion of privacy
when the defendant knowingly enters onto the land of another person
without permission or otherwise committed a trespass in order to
capture any type of visual image, sound recording, or other physical
impression of the plaintiff engaging in a private, personal, or
familial activity and the invasion occurs in a manner that is
offensive to a reasonable person.
   (b) A person is liable for constructive invasion of privacy when
the defendant attempts to capture, in a manner that is offensive to a
reasonable person, any type of visual image, sound recording, or
other physical impression of the plaintiff engaging in a private,
personal, or familial activity, through the use of a visual or
auditory enhancing device, regardless of whether there is a physical
trespass, if this image, sound recording, or other physical
impression could not have been achieved without a trespass unless the
visual or auditory enhancing device was used.
   (c) An assault or false imprisonment committed with the intent to
capture any type of visual image, sound recording, or other physical
impression of the plaintiff is subject to subdivisions (d), (e), and
(h).
   (d) A person who commits any act described in subdivision (a),
(b), or (c) is liable for up to three times the amount of any general
and special damages that are proximately caused by the violation of
this section. This person may also be liable for punitive damages,
subject to proof according to Section 3294. If the plaintiff proves
that the invasion of privacy was committed for a commercial purpose,
the defendant shall also be subject to disgorgement to the plaintiff
of any proceeds or other consideration obtained as a result of the
violation of this section. A person who comes within the description
of this subdivision is also subject to a civil fine of not less than
five thousand dollars ($5,000) and not more than fifty thousand
dollars ($50,000).
   (e) A person who directs, solicits, actually induces, or actually
causes another person, regardless of whether there is an
employer-employee relationship, to violate any provision of
subdivision (a), (b), or (c) is liable for any general, special, and
consequential damages resulting from each said violation. In
addition, the person that directs, solicits, actually induces, or
actually causes another person, regardless of whether there is an
employer-employee relationship, to violate this section shall be
liable for punitive damages to the extent that an employer would be
subject to punitive damages pursuant to subdivision (b) of Section
3294. A person who comes within the description of this subdivision
is also subject to a civil fine of not less than five thousand
dollars ($5,000) and not more than fifty thousand dollars ($50,000).
   (f) (1) The transmission, publication, broadcast, sale, offer for
sale, or other use of any visual image, sound recording, or other
physical impression that was taken or captured in violation of
subdivision (a), (b), or (c) shall not constitute a violation of this
section unless the person, in the first transaction following the
taking or capture of the visual image, sound recording, or other
physical impression, publicly transmitted, published, broadcast, sold
or offered for sale, the visual image, sound recording, or other
physical impression with actual knowledge that it was taken or
captured in violation of subdivision (a), (b), or (c), and provide
compensation, consideration, or remuneration, monetary or otherwise,
for the rights to the unlawfully obtained visual image, sound
recording, or other physical impression.
   (2) For the purposes of paragraph (1), "actual knowledge" means
actual awareness, understanding, and recognition, obtained prior to
the time at which the person purchased or acquired the visual image,
sound recording, or other physical impression, that the visual image,
sound recording, or other physical impression was taken or captured
in violation of subdivision (a), (b), or (c). The plaintiff shall
establish actual knowledge by clear and convincing evidence.
   (3) Any person that publicly transmits, publishes, broadcasts,
sells, or offers for sale, in any form, medium, format, or work, a
visual image, sound recording, or other physical impression that was
previously publicly transmitted, published, broadcast, sold, or
offered for sale, by another person, is exempt from liability under
this section.
   (4) If a person's first public transmission, publication,
broadcast, or sale or offer for sale, of a visual image, sound
recording, or other physical impression that was taken or captured in
violation of subdivision (a), (b), or (c), does not constitute a
violation of this section, that person's subsequent public
transmission, publication, broadcast, sale, or offer for sale, in any
form, medium, format, or work, of the visual image, sound recording,
or other physical impression, does not constitute a violation of
this section.
   (5) This section applies only to a visual image, sound recording,
or other physical impression that is captured or taken in California
in violation of subdivision (a), (b), or (c) after January 1, 2010,
and shall not apply to any visual image, sound recording, or other
physical impression taken or captured outside of California.
   (6) Nothing in this subdivision shall be construed to impair or
limit a special motion to strike pursuant to Section 425.16, 425.17,
or 425.18 of the Code of Civil Procedure.
   (7) This section shall not be construed to limit all other rights
or remedies of the plaintiff in law or equity, including, but not
limited to, the publication of private facts.
   (g) This section shall not be construed to impair or limit any
otherwise lawful activities of law enforcement personnel or employees
of governmental agencies or other entities, either public or private
who, in the course and scope of their employment, and supported by
an articulable suspicion, attempt to capture any type of visual
image, sound recording, or other physical impression of a person
during an investigation, surveillance, or monitoring of any conduct
to obtain evidence of suspected illegal activity or other misconduct,
the suspected violation of any administrative rule or regulation, a
suspected fraudulent conduct, or any activity involving a violation
of law or business practices or conduct of public officials adversely
affecting the public welfare, health, or safety.
   (h) In any action pursuant to this section, the court may grant
equitable relief, including, but not limited to, an injunction and
restraining order against further violations of subdivision (a), (b),
or (c).
   (i) The rights and remedies provided in this section are
cumulative and in addition to any other rights and remedies provided
by law.
   (j) It is not a defense to a violation of this section that no
image, recording, or physical impression was captured or sold.
   (k) For the purposes of this section, "for a commercial purpose"
means any act done with the expectation of a sale, financial gain, or
other consideration. A visual image, sound recording, or other
physical impression shall not be found to have been, or intended to
have been, captured for a commercial purpose unless it is intended to
be, or was in fact, sold, published, or transmitted.
   (l) (1) For the purposes of this section, "private, personal, and
familial activity" includes, but is not limited to:
   (A) Intimate details of the plaintiff's personal life under
circumstances in which the plaintiff has a reasonable expectation of
privacy.
   (B) Interaction with the plaintiff's family or significant others
under circumstances in which the plaintiff has a reasonable
expectation of privacy.
   (C) If and only after the defendant has been convicted of
violating Section 626.8 of the Penal Code, any activity that occurs
when minors are present at any location set forth in subdivision (a)
of Section 626.8 of the Penal Code.
   (D) Any activity that occurs on a residential property under
circumstances in which the plaintiff has a reasonable expectation of
privacy.
   (E) Other aspects of the plaintiff's private affairs or concerns
under circumstances in which the plaintiff has a reasonable
expectation of privacy.
   (2) "Private, personal, and familial activity" does not include
illegal or otherwise criminal activity as delineated in subdivision
(g). However, "private, personal, and familial activity" shall
include the activities of victims of crime in circumstances under
which subdivision (a), (b), or (c) would apply.
   (m) (1) A proceeding to recover the civil fines specified in
subdivision (d) or (e) may be brought in any court of competent
jurisdiction by a county counsel or city attorney.
   (2) Fines collected pursuant to this subdivision shall be
allocated, as follows:
   (A) One-half shall be allocated to the prosecuting agency.
   (B) One-half shall be deposited in the Arts and Entertainment
Fund, which is hereby created in the State Treasury.
   (3) Funds in the Arts and Entertainment Fund created pursuant to
paragraph (2) may be expended by the California Arts Council, upon
appropriation by the Legislature, to issue grants pursuant to the
Dixon-Zenovich-Maddy California Arts Act of 1975 (Chapter 9
(commencing with Section 8750) of Division 1 of Title 2 of the
Government Code).
   (4) The rights and remedies provided in this subdivision are
cumulative and in addition to any other rights and remedies provided
by law.
   (n) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
  SEC. 1.5.  Section 1708.8 of the Civil Code is amended to read:
   1708.8.  (a) A person is liable for physical invasion of privacy
when the defendant knowingly enters onto the land of another person
without permission or otherwise committed a trespass in order to
capture any type of visual image, sound recording, or other physical
impression of the plaintiff engaging in a private, personal, or
familial activity and the invasion occurs in a manner that is
offensive to a reasonable person.
   (b) A person is liable for constructive invasion of privacy when
the defendant attempts to capture, in a manner that is offensive to a
reasonable person, any type of visual image, sound recording, or
other physical impression of the plaintiff engaging in a private,
personal, or familial activity, through the use of any device,
regardless of whether there is a physical trespass, if this image,
sound recording, or other physical impression could not have been
achieved without a trespass unless the device was used.
   (c) An assault or false imprisonment committed with the intent to
capture any type of visual image, sound recording, or other physical
impression of the plaintiff is subject to subdivisions (d), (e), and
(h).
   (d) A person who commits any act described in subdivision (a),
(b), or (c) is liable for up to three times the amount of any general
and special damages that are proximately caused by the violation of
this section. This person may also be liable for punitive damages,
subject to proof according to Section 3294. If the plaintiff proves
that the invasion of privacy was committed for a commercial purpose,
the defendant shall also be subject to disgorgement to the plaintiff
of any proceeds or other consideration obtained as a result of the
violation of this section. A person who comes within the description
of this subdivision is also subject to a civil fine of not less than
five thousand dollars ($5,000) and not more than fifty thousand
dollars ($50,000).
   (e) A person who directs, solicits, actually induces, or actually
causes another person, regardless of whether there is an
employer-employee relationship, to violate any provision of
subdivision (a), (b), or (c) is liable for any general, special, and
consequential damages resulting from each said violation. In
addition, the person that directs, solicits, actually induces, or
actually causes another person, regardless of whether there is an
employer-employee relationship, to violate this section shall be
liable for punitive damages to the extent that an employer would be
subject to punitive damages pursuant to subdivision (b) of Section
3294. A person who comes within the description of this subdivision
is also subject to a civil fine of not less than five thousand
dollars ($5,000) and not more than fifty thousand dollars ($50,000).
   (f) (1) The transmission, publication, broadcast, sale, offer for
sale, or other use of any visual image, sound recording, or other
physical impression that was taken or captured in violation of
subdivision (a), (b), or (c) shall not constitute a violation of this
section unless the person, in the first transaction following the
taking or capture of the visual image, sound recording, or other
physical impression, publicly transmitted, published, broadcast,
sold, or offered for sale the visual image, sound recording, or other
physical impression with actual knowledge that it was taken or
captured in violation of subdivision (a), (b), or (c), and provided
compensation, consideration, or remuneration, monetary or otherwise,
for the rights to the unlawfully obtained visual image, sound
recording, or other physical impression.
   (2) For the purposes of paragraph (1), "actual knowledge" means
actual awareness, understanding, and recognition, obtained prior to
the time at which the person purchased or acquired the visual image,
sound recording, or other physical impression, that the visual image,
sound recording, or other physical impression was taken or captured
in violation of subdivision (a), (b), or (c). The plaintiff shall
establish actual knowledge by clear and convincing evidence.
   (3) Any person that publicly transmits, publishes, broadcasts,
sells, or offers for sale, in any form, medium, format, or work, a
visual image, sound recording, or other physical impression that was
previously publicly transmitted, published, broadcast, sold, or
offered for sale by another person, is exempt from liability under
this section.
   (4) If a person's first public transmission, publication,
broadcast, or sale or offer for sale of a visual image, sound
recording, or other physical impression that was taken or captured in
violation of subdivision (a), (b), or (c) does not constitute a
violation of this section, that person's subsequent public
transmission, publication, broadcast, sale, or offer for sale, in any
form, medium, format, or work, of the visual image, sound recording,
or other physical impression, does not constitute a violation of
this section.
   (5) This section applies only to a visual image, sound recording,
or other physical impression that is captured or taken in California
in violation of subdivision (a), (b), or (c) after January 1, 2010,
and shall not apply to any visual image, sound recording, or other
physical impression taken or captured outside of California.
   (6) Nothing in this subdivision shall be construed to impair or
limit a special motion to strike pursuant to Section 425.16, 425.17,
or 425.18 of the Code of Civil Procedure.
   (7) This section shall not be construed to limit all other rights
or remedies of the plaintiff in law or equity, including, but not
limited to, the publication of private facts.
   (g) This section shall not be construed to impair or limit any
otherwise lawful activities of law enforcement personnel or employees
of governmental agencies or other entities, either public or private
who, in the course and scope of their employment, and supported by
an articulable suspicion, attempt to capture any type of visual
image, sound recording, or other physical impression of a person
during an investigation, surveillance, or monitoring of any conduct
to obtain evidence of suspected illegal activity or other misconduct,
the suspected violation of any administrative rule or regulation, a
suspected fraudulent conduct, or any activity involving a violation
of law or business practices or conduct of public officials adversely
affecting the public welfare, health, or safety.
   (h) In any action pursuant to this section, the court may grant
equitable relief, including, but not limited to, an injunction and
restraining order against further violations of subdivision (a), (b),
or (c).
   (i) The rights and remedies provided in this section are
cumulative and in addition to any other rights and remedies provided
by law.
   (j) It is not a defense to a violation of this section that no
image, recording, or physical impression was captured or sold.
   (k) For the purposes of this section, "for a commercial purpose"
means any act done with the expectation of a sale, financial gain, or
other consideration. A visual image, sound recording, or other
physical impression shall not be found to have been, or intended to
have been, captured for a commercial purpose unless it is intended to
be, or was in fact, sold, published, or transmitted.
   (l) (1) For the purposes of this section, "private, personal, and
familial activity" includes, but is not limited to:
   (A) Intimate details of the plaintiff's personal life under
circumstances in which the plaintiff has a reasonable expectation of
privacy.
   (B) Interaction with the plaintiff's family or significant others
under circumstances in which the plaintiff has a reasonable
expectation of privacy.
   (C) If and only after the defendant has been convicted of
violating Section 626.8 of the Penal Code, any activity that occurs
when minors are present at any location set forth in subdivision (a)
of Section 626.8 of the Penal Code.
   (D) Any activity that occurs on a residential property under
circumstances in which the plaintiff has a reasonable expectation of
privacy.
   (E) Other aspects of the plaintiff's private affairs or concerns
under circumstances in which the plaintiff has a reasonable
expectation of privacy.
   (2) "Private, personal, and familial activity" does not include
illegal or otherwise criminal activity as delineated in subdivision
(g). However, "private, personal, and familial activity" shall
include the activities of victims of crime in circumstances under
which subdivision (a), (b), or (c) would apply.
   (m) (1) A proceeding to recover the civil fines specified in
subdivision (d) or (e) may be brought in any court of competent
jurisdiction by a county counsel or city attorney.
   (2) Fines collected pursuant to this subdivision shall be
allocated, as follows:
   (A) One-half shall be allocated to the prosecuting agency.
   (B) One-half shall be deposited in the Arts and Entertainment
Fund, which is hereby created in the State Treasury.
   (3) Funds in the Arts and Entertainment Fund created pursuant to
paragraph (2) may be expended by the California Arts Council, upon
appropriation by the Legislature, to issue grants pursuant to the
Dixon-Zenovich-Maddy California Arts Act of 1975 (Chapter 9
(commencing with Section 8750) of Division 1 of Title 2 of the
Government Code).
   (4) The rights and remedies provided in this subdivision are
cumulative and in addition to any other rights and remedies provided
by law.
   (n) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
  SEC. 2.  Section 1708.9 is added to the Civil Code, to read:
   1708.9.  (a) It is unlawful for any person, except a parent or
guardian acting toward his or her minor child, to commit any of the
following acts:
   (1) By force, threat of force, or physical obstruction that is a
crime of violence, to intentionally injure, intimidate, interfere
with, or attempt to injure, intimidate, or interfere with, any person
attempting to enter or exit a facility.
   (2) By nonviolent physical obstruction, to intentionally injure,
intimidate, interfere with, or attempt to injure, intimidate, or
interfere with, any person attempting to enter or exit a facility.
   (b) For purposes of this section:
   (1) "Facility" means any public or private school grounds, as
described in subdivision (a) of Section 626.8 of the Penal Code, or
any health facility, as described in Section 1250 of the Health and
Safety Code.
   (2) To "interfere" means to restrict a person's freedom of
movement.
   (3) To "intimidate" means to place a person in reasonable
apprehension of bodily harm to himself, herself, or another person.
   (4) "Nonviolent" means conduct that would not constitute a crime
of violence.
   (5) "Physical obstruction" means rendering ingress to or egress
from a facility impassable to another person, or rendering passage to
or from a facility unreasonably difficult or hazardous to another
person.
   (c) A person aggrieved by a violation of subdivision (a) may bring
a civil action to enjoin the violation, for compensatory and
punitive damages, for injunctive relief, and for the cost of suit and
reasonable attorney's and expert witness' fees. With respect to
compensatory damages, the plaintiff may elect, at any time prior to
the rendering of a final judgment, to recover, in lieu of actual
damages, an award of statutory damages in the amount of five thousand
dollars ($5,000) per violation of paragraph (1) of subdivision (a),
and one thousand dollars ($1,000) per violation of paragraph (2) of
subdivision (a).
   (d) The Attorney General, a district attorney, or a city attorney
may bring a civil action to enjoin a violation of subdivision (a),
for compensatory damages to persons or entities aggrieved by the
violation, and for the imposition of a civil penalty against each
respondent. The civil penalty for a violation of paragraph (1) of
subdivision (a) shall not exceed fifteen thousand dollars ($15,000),
or twenty-five thousand dollars ($25,000) for a second or subsequent
violation. The civil penalty for a violation of paragraph (2) of
subdivision (a) shall not exceed five thousand dollars ($5,000), or
twenty-five thousand dollars ($25,000) for a second or subsequent
violation.
   (e) This section shall not be construed to impair the right to
engage in any constitutionally protected activity, including, but not
limited to, speech, protest, or assembly.
   (f) The adoption of the act that added this section is an exercise
of the police power of the state for purposes of protecting the
health, safety, and welfare of the people of California, and this
section shall be liberally construed to effectuate that purpose.
   (g) This section shall not be construed to restrict, inhibit,
prevent, or bring a chilling effect upon any actions by a person that
are reasonable under the circumstances to protect, secure, provide
safety to, or prevent illness in any child or adult in a facility.
  SEC. 3.  Section 1.5 of this bill incorporates amendments to
Section 1708.8 of the Civil Code proposed by both this bill and AB
2306. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2015, (2) each bill
amends Section 1708.8 of the Civil Code, and (3) this bill is enacted
after AB 2306, in which case Section 1 of this bill shall not become
operative.