BILL NUMBER: AB 2122	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 11, 2014
	PASSED THE ASSEMBLY  APRIL 24, 2014

INTRODUCED BY   Assembly Member Bocanegra

                        FEBRUARY 20, 2014

   An act to amend Section 653w of the Penal Code, relating to
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2122, Bocanegra. Crimes: audiovisual work: recordings.
   Existing law makes it a crime for a person who knowingly
advertises or offers for sale or resale, or sells or resells, or
causes the rental, sale, or resale of, or rents, or manufacturers, or
possesses for these purposes, any recording or audiovisual work, the
outside cover, box, jacket, or label of which does not clearly and
conspicuously disclose the actual true name and address of the
manufacturer of the recording or audiovisual work and the name of the
actual author, artist, performer, producer, programmer, or group, as
specified. If the offense involves at least 100 articles of audio
recordings or 100 articles of audiovisual works, existing law makes
the offense punishable as a misdemeanor or a felony.
   This bill would make the above provisions applicable to the
commercial equivalent of 100 articles of audio recordings or 100
articles of audiovisual works. By expanding the definition of a
crime, this bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


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

  SECTION 1.  Section 653w of the Penal Code is amended to read:
   653w.  (a) (1) A person is guilty of failure to disclose the
origin of a recording or audiovisual work if, for commercial
advantage or private financial gain, he or she knowingly advertises
or offers for sale or resale, or sells or resells, or causes the
rental, sale, or resale of, or rents, or manufactures, or possesses
for these purposes, any recording or audiovisual work, the outside
cover, box, jacket, or label of which does not clearly and
conspicuously disclose the actual true name and address of the
manufacturer thereof and the name of the actual author, artist,
performer, producer, programmer, or group thereon. This section does
not require the original manufacturer or authorized licensees of
software producers to disclose the contributing authors or
programmers.
   (2) As used in this section, "recording" means any tangible medium
upon which information or sounds are recorded or otherwise stored,
including, but not limited to, any phonograph record, disc, tape,
audio cassette, wire, film, memory card, flash drive, hard drive,
data storage device, or other medium on which information or sounds
are recorded or otherwise stored, but does not include sounds
accompanying a motion picture or other audiovisual work.
   (3) As used in this section, "audiovisual works" are the physical
embodiment of works that consist of related images that are
intrinsically intended to be shown using machines or devices, such as
projectors, viewers, or electronic equipment, together with
accompanying sounds, if any, regardless of the nature of the material
objects, such as films, tapes, discs, memory cards, flash drives,
hard drives, data storage devices, or other devices, on which the
works are embodied.
   (b) A person who has been convicted of a violation of subdivision
(a) shall be punished as follows:
   (1) If the offense involves the advertisement, offer for sale or
resale, sale, rental, manufacture, or possession for these purposes,
of at least 100 articles of audio recordings or 100 articles of
audiovisual works described in subdivision (a), or the commercial
equivalent thereof, the person shall be punished by imprisonment in a
county jail not to exceed one year, or by imprisonment pursuant to
subdivision (h) of Section 1170 for two, three, or five years, or by
a fine not to exceed five hundred thousand dollars ($500,000), or by
both that fine and imprisonment.
   (2) Any other violation of subdivision (a) not described in
paragraph (1), shall, upon a first offense, be punished by
imprisonment in a county jail not to exceed one year, or by a fine
not to exceed fifty thousand dollars ($50,000), or by both that fine
and imprisonment.
   (3) A second or subsequent conviction under subdivision (a) not
described in paragraph (1), shall be punished by imprisonment in a
county jail not to exceed one year or pursuant to subdivision (h) of
Section 1170, or by a fine not to exceed two hundred thousand dollars
($200,000), or by both that fine and imprisonment.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.