BILL ANALYSIS Ó AB 1256 Page 1 ASSEMBLY THIRD READING AB 1256 (Bloom) As Amended January 15, 2014 Majority vote JUDICIARY 8-1 APPROPRIATIONS 12-4 ----------------------------------------------------------------- |Ayes:|Wieckowski, Alejo, Chau, |Ayes:|Gatto, Bocanegra, | | |Dickinson, Garcia, | |Bradford, | | |Maienschein, Muratsuchi, | |Ian Calderon, Campos, | | |Stone | |Eggman, Gomez, Holden, | | | | |Pan, Quirk, | | | | |Ridley-Thomas, Weber | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Wagner |Nays:|Bigelow, Allen, Linder, | | | | |Wagner | | | | | | ----------------------------------------------------------------- SUMMARY : Makes it unlawful for a person to physically obstruct, intimidate, or otherwise interfere with any person who is attempting to enter or exit a "facility," as defined, and revises existing law provisions relating to the constructive invasion of privacy. Specifically, this bill : 1)Makes it unlawful for any person, except a parent or guardian acting toward his or her minor child, to commit any of the following acts: a) By force, threat of force, or physical obstruction that is a crime of violence, to intentionally injure, intimidate, or interfere with, or attempt to injure, intimidate, or interfere with, any person attempting to enter or exit a facility. b) 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. 2)Permits any person aggrieved by a violation of the above to bring a civil action for compensatory and punitive damages, injunctive relief, and attorney's fees and costs. Permits AB 1256 Page 2 plaintiff to elect specified statutory damages. Permits the state Attorney General, a district attorney, or a city attorney to bring an action to enjoin a violation, for compensatory damages on behalf of an aggrieved person, or for the imposition of specified civil penalties. 3)Defines "facility" to mean any public or private school grounds, as described, any health facility, as described, or any lodging, including a private residence, hotel, temporary lodging facility, inn, motel, bed and breakfast, or any other location that provides permanent or temporary lodging to persons. 4)Specifies that nothing in the provisions above shall be construed to impair any constitutionally protected activity, including, but not limited to, speech, protest, or assembly. 5)Revises and recasts an existing statute so as to clarify that a person is liable for constructive invasion of privacy for attempting to capture, in a manner that is offensive to a reasonable person, any type of visual image, sounding recording, or other physical impression of another person engaging in a private, personal, and familial activity, as specified. Defines "private, personal, and familial activity" for these purposes to include the following: 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) Where minors are present at a private or public school and the defendant has been convicted of disrupting school activities, as specified. 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 AB 1256 Page 3 reasonable expectation of privacy. FISCAL EFFECT : According to the Assembly Appropriations Committee: 1)Unknown likely minor state trial court costs, to the extent this bill results in additional civil proceedings. 2)Nonreimbursable local costs to district attorneys, offset to a degree by penalty revenues, to the extent additional civil actions are pursued. 3)Should the (Attorney General) AG elect to bring civil actions, costs will likely be absorbable and partially offset by penalty revenues. COMMENTS : This bill, sponsored by the Paparazzi Reform Initiative, seeks to curtail the sometimes aggressive conduct of the paparazzi. Several similar bills have come before the Assembly Judiciary Committee in recent years. These bills usually pit the privacy rights of celebrities against the interests of news organizations in reporting upon, and the public's interest in reading about, the goings-on of the rich, the famous, the infamous, and others who are simply more interesting than the rest of us. Recent legislation on this issue has typically attempted to shoehorn the conduct of the paparazzi - attempting to capture a person's image without that person's consent and in a highly aggressive manner - into existing laws that prohibit harassment, stalking, or physical and constructive invasions of privacy. This bill would make two changes to existing law. First, existing law makes a person who attempts capture a visual image or sound recording of another person with the use of an enhanced visual or audio device liable for "constructive" invasion of privacy, so long as the person did so in a manner that was offensive to a reasonable person, the image or recording could not have obtained without a trespass in the absence of the enhanced device, and the plaintiff was engaged in a "personal and familial activity," as defined. This bill would amend this statute by changing "personal and familial activity" to "private, personal and familial activity," and then providing examples of what constitutes private, personal, and familial activity. Second, and more substantively, this bill would AB 1256 Page 4 prohibit, and subject to civil liability, attempts to obstruct, intimidate, or otherwise interfere with another person who is attempting to enter or exit a school, medical facility, or lodging, as defined. This latter provision in the bill draws almost word-for-word from an existing statute that makes it unlawful for a person to obstruct, intimidate, or otherwise interfere with a person attempting to exit or enter a reproductive health facility. The author and sponsor contend that this bill is needed to protect not only celebrities, but members of the public more generally, when paparazzi block access points to vital facilities. The California Newspaper Publishers Association and other newsgathering groups oppose this bill because, however well-intended in its effort to stop the worst paparazzi conduct, it will have a chilling effect on the First Amendment rights of legitimate newsgatherers. Opponents believe that existing law already provides sufficient remedies for invasion of privacy, trespass, and other kinds of objectionable conduct, and they contend that this bill, focusing as it does on attempts to take photographs, fails to distinguish between valid newsgathering and the objectionable acts of the paparazzi. Analysis Prepared by : Thomas Clark / JUD. / (916) 319-2334 FN: 0002977