Amended in Assembly August 12, 2013

Amended in Assembly June 25, 2013

Amended in Assembly June 6, 2013

Amended in Senate May 1, 2013

Senate BillNo. 558


Introduced by Senator Lieu

begin insert

(Coauthor: Assembly Member Wagner)

end insert

February 22, 2013


An act to amend Section 1986.1 of the Code of Civil Procedure, relating to reporters.

LEGISLATIVE COUNSEL’S DIGEST

SB 558, as amended, Lieu. Reporters’ shield law.

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 The law also prohibits any of those persons from being held in contempt for refusing to disclose any unpublished information obtained or prepared in gathering, receiving, or processing information for communication to the public.

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.

This bill, in addition, would require that, except inbegin delete exigentend delete circumstancesbegin insert that end insertbegin insertpose a clear and substantial threat to the integrity of the criminal investigation or present an imminent risk of death or serious bodily harmend insert, abegin delete body orend delete party 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 thebegin delete body orend delete party 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.begin insert The bill also would revise the exception for the existing 5 days’ notice requirement for a subpoena requiring a journalist to appear, providing that the requirement applies except in circumstances that end insertbegin insertpose a clear and substantial threat to the integrity of the criminal investigation or present an imminent risk of death or serious bodily harm.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 1986.1 of the Code of Civil Procedure
2 is amended to read:

3

1986.1.  

(a) No testimony or other evidence given by a
4journalist under subpoena in a civil or criminal proceeding may
5be construed as a waiver of the immunity rights provided by
6subdivision (b) of Section 2 of Article I of the California
7Constitution.

8(b) (1) Because important constitutional rights of a third-party
9witness are adjudicated when rights under subdivision (b) of
10Section 2 of Article I of the California Constitution are asserted,
11except inbegin delete exigentend delete circumstancesbegin insert that end insertbegin insertpose a clear and substantial
12threat to the integrity of the criminal investigation or present an
13imminent risk of death or serious bodily harmend insert
, a journalist who is
P3    1subpoenaed in any civil or criminal proceeding shall be given at
2least five days’ notice by the party issuing the subpoena that his
3or her appearance will be required.

4(2) To protect against the inadvertent disclosure by a third party
5of information protected by Section 2 of Article I of the California
6Constitution, abegin delete body orend delete party issuing a subpoena in any civil or
7criminal proceeding to a third party that seeks the records of a
8journalist shall, except inbegin delete exigentend delete circumstancesbegin insert that end insertbegin insertpose a clear
9and substantial threat to the integrity of the criminal investigation
10or present an imminent risk of death or serious bodily harmend insert
,
11provide notice of the subpoena to the journalist and the publisher
12of the newspaper, magazine, or other publication or station
13operations manager of the broadcast station that employs or
14contracts with the journalist, as applicable, at least five days prior
15to issuing the subpoena. Thebegin delete body orend delete party issuing the subpoena
16shall include in the notice, at a minimum, an explanation of why
17the requested records will be of material assistance to the party
18seeking them and why alternate sources of information are not
19sufficient to avoid the need for the subpoena.

20(c) If a trial court holds a journalist in contempt of court in a
21criminal proceeding notwithstanding subdivision (b) of Section 2
22of Article I of the California Constitution, the court shall set forth
23findings, either in writing or on the record, stating at a minimum,
24why the information will be of material assistance to the party
25seeking the evidence, and why alternate sources of the information
26are not sufficient to satisfy the defendant’s right to a fair trial under
27the Sixth Amendment to the United States Constitution and Section
2815 of Article I of the California Constitution.

29(d) As used in this section, “journalist” means the persons
30specified in subdivision (b) of Section 2 of Article I of the
31California Constitution.



O

    95