Amended in Assembly June 6, 2013

Amended in Senate May 1, 2013

Senate Bill No. 558

Introduced by Senator Lieu

February 22, 2013

An act to amend Section begin delete 1094 end delete begin insert 1986.1 end insert of the begin delete Unemployment Insurance end delete Code begin insert of Civil Procedure end insert , relating to begin delete unemployment insurance end delete begin insert reporters end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 558, as amended, Lieu. begin delete Unemployment insurance: Employment Development Department. end delete begin insert Reporters’ shield law end insert begin insert . end insert

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The reporter’s shield law contained in the California Constitution prohibits a publisher, editor, reporter, or other person connected with or employed by a newspaper, magazine, or other periodical publication, or by a press association or wire service, from being held in contempt for refusing to disclose the source of any information procured for publication while so connected or employed. The law also prohibits any of those persons from being held in contempt for refusing to disclose any unpublished information obtained or prepared in gathering, receiving, or processing information for communication to the public.

end insert begin insert

Existing statutory law prohibits any testimony or other evidence given by a journalist under subpoena in a civil or criminal proceeding from being construed as a waiver of the immunity rights provided by the reporter’s shield law. Existing law requires that, except in exigent circumstances, a journalist who is subpoenaed in any civil or criminal proceeding be given at least 5 days’ notice by the party issuing the subpoena that his or her appearance will be required, and requires a court that holds a journalist in contempt in a criminal proceeding to set forth specified findings regarding the information sought.

end insert begin insert

This bill, in addition, would require that, except in exigent circumstances, a body issuing a subpoena in any civil or criminal proceeding to a third party that seeks the records of a journalist to provide notice of the subpoena to the journalist and the publisher of the newspaper, magazine, or other publication or station operations manager of the broadcast station that employs or contracts with the journalist, as applicable, at least 5 days prior to issuing the subpoena. The bill would require the body issuing the subpoena to include in the notice, at a minimum, an explanation of why the requested records will be of material assistance to the party seeking them and why alternate sources of information are not sufficient to avoid the need for the subpoena.

end insert begin delete

Under existing law, information obtained by the Employment Development Department in the administration of unemployment insurance laws is confidential, subject to specified exceptions, including authorizing an employee or the employee’s representative to receive the employee’s wage information upon the employee’s written request.

end delete begin delete

This bill would authorize an employee to make that request in a form other than writing if permitted by the Director of Employment Development.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 1986.1 of the end insert begin insert Code of Civil Procedure end insert begin insert is
amended to read: end insert

1986.1.  

(a) No testimony or other evidence given by a
journalist under subpoena in a civil or criminal proceeding may
be construed as a waiver of the immunity rights provided by
subdivision (b) of Section 2 of Article I of the California
Constitution.

(b)  begin insert (1) end insert begin insert   end insert Because important constitutional rights of a third-party
witness are adjudicated when rights under subdivision (b) of
Section 2 of Article I of the California Constitution are asserted,
except in exigent circumstances begin insert , end insert a journalist who is subpoenaed
in any civil or criminal proceeding shall be given at least five days’
notice by the party issuing the subpoena that his or her appearance
will be required.

begin insert

(2) To protect against the inadvertent disclosure by a third party
of information protected by Section 2 of Article I of the California
Constitution, a body issuing a subpoena in any civil or criminal
proceeding to a third party that seeks the records of a journalist
shall, except in exigent circumstances, provide notice of the
subpoena to the journalist and the publisher of the newspaper,
magazine, or other publication or station operations manager of
the broadcast station that employs or contracts with the journalist,
as applicable, at least five days prior to issuing the subpoena. The
body issuing the subpoena shall include in the notice, at a
minimum, an explanation of why the requested records will be of
material assistance to the party seeking them and why alternate
sources of information are not sufficient to avoid the need for the
subpoena.

end insert

(c) If a trial court holds a journalist in contempt of court in a
criminal proceeding notwithstanding subdivision (b) of Section 2
of Article I of the California Constitution, the court shall set forth
findings, either in writing or on the record, stating at a minimum,
why the information will be of material assistance to the party
seeking the evidence, and why alternate sources of the information
are not sufficient to satisfy the defendant’s right to a fair trial under
the Sixth Amendment to the United States Constitution and Section
15 of Article I of the California Constitution.

(d) As used in this section, “journalist” means the persons
specified in subdivision (b) of Section 2 of Article I of the
California Constitution.

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SECTION 1.  

Section 1094 of the Unemployment Insurance
Code is amended to read:

1094.  

(a) Except as otherwise specifically provided in this
code, the information obtained in the administration of this code
is confidential, not open to the public, and shall be for the exclusive
use and information of the director in the discharge of his or her
duties.

(b) The information released to authorized entities pursuant to
other provisions of the code shall not be admissible in evidence
in any action or special proceeding, other than one arising out of
the provisions of this code or one described in Section 1095.

(c) The information may be tabulated and published in statistical
form for use by federal, state, and local governmental departments
and agencies, and the public, except that the name of the employing
unit or of any worker shall never be divulged in the course of the
tabulation or publication.

(d) Wages, as defined by Section 13009, and amounts required
to be deducted and withheld under Section 13020 shall not be
disclosed except as provided in Article 2 (commencing with
Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the
Revenue and Taxation Code.

(e) An employee or his or her representative may receive the
employee’s wage information upon written request by the
employee. An employee may make that request in a form other
than writing if permitted by the director. The information shall be
provided without charge.

(f) A person who knowingly accesses, uses, or discloses any
confidential information without authorization is in violation of
this section and is guilty of a misdemeanor.

end delete