BILL ANALYSIS Ó
AB 1256
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1256 (Bloom)
As Amended August 22, 2014
Majority vote
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|ASSEMBLY: |53-19|(January 29, |SENATE: |24-11|(August 27, |
| | |2014) | | |2014) |
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Original Committee Reference: JUD.
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
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, and any health facility, as described.
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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
reasonable expectation of privacy.
6)Specifies that nothing in this bill shall 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.
The Senate amendments :
1)Specify that nothing in this bill shall 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
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prevent illness in any child or adult in a facility.
2)Amends the definition of "facility" so as not to expressly
include 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.
3)Incorporate additional changes to Civil Code Section 1708.8
proposed by AB 2306 (Chau) of the current legislative session,
that would become operative if this bill and AB 2306 are both
enacted and this bill is enacted last.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)Potential minor state trial court costs to the extent this
bill results in additional civil proceedings.
2)Non-reimbursable local costs for prosecution by district or
city attorneys, offset to a degree by penalty revenues.
3)Potential future cost pressure in excess of $150,000 (General
Fund) to the Department of Justice (DOJ) to evaluate
complaints, investigate allegations, and pursue new causes of
action, offset to a degree 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
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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
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 or medical facility, as
defined. This latter provision in the bill draws almost 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.
Analysis Prepared by : Thomas Clark / JUD. / (916) 319-2334
FN: 0005413