BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 558| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 558 Author: Lieu (D), et al. Amended: 8/12/13 Vote: 21 PRIOR VOTES NOT RELEVANT ASSEMBLY FLOOR : 78-0, 8/26/13 - See last page for vote SUBJECT : Reporters shield law SOURCE : California Newspaper Publishers Association DIGEST : This bill provides that a party issuing a subpoena in any civil or criminal proceeding to a third party that seeks the records of a journalist will, except in circumstances that pose a clear and substantial threat to the integrity of the criminal investigation or present an imminent risk of death or serious bodily harm, provide notice of the subpoena to the journalist and the publisher of the newspaper, magazine, or other publication, or the station operations manager of the broadcast station, that employs or contracts with the journalist at least five days prior to issuing the subpoena. This bill requires the above notice include, at a minimum, an explanation of why the requested records will be of material assistance to the party or body seeking them and why alternate sources of information are not sufficient to avoid the need for the subpoena. This bill also revises the exception for the existing five days' notice requirement for a subpoena requiring a journalist to appear, providing that the requirement applies except in circumstances CONTINUED SB 558 Page 2 that pose a clear and substantial threat to the integrity of the criminal investigation or present an imminent risk of death or serious bodily harm. Assembly Amendments delete the Senate version of the bill relating to unemployment insurance and instead add the current language relating to the Reporters' Shield Law. ANALYSIS : Existing law: 1.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 the publication while so connected or employed by the newspaper, magazine or other periodical publication, or for refusing to disclose any unpublished information, as defined, obtained or prepared in gathering, receiving, or processing of information for communication to the public. 2.Prohibits a radio or television news reporter or other person connected with or employed by a radio or television station, or any other person who has been so connected or employed, from being held in contempt for refusing to disclose the source of any information procured while so connected or employed for news or news commentary purposes on radio or television, or for refusing to disclose any unpublished information obtained or prepared in the gathering, receiving, or processing of information for communication to the public. 3.Defines "unpublished information," for purposes of the above provisions, to include information not disseminated to the public by the person from whom disclosure is sought, whether or not related information has been disseminated and includes, but is not limited to, all notes, outtakes, photographs, tapes or other data of whatever sort not itself disseminated to the public through a medium of communication, whether or not published information based upon or related to such material has been disseminated. 4.Provides that no testimony or other evidence given by a CONTINUED SB 558 Page 3 journalist under subpoena in a civil or criminal proceeding may be construed as a waiver of the immunity rights granted by the California Constitution, as described above. 5.Requires, except in exigent circumstances, that a journalist who is subpoenaed in a civil or criminal proceeding be given at least five days' notice by the party issuing the subpoena that his or her appearance will be required. 6.Provides that if a trial court holds a journalist in contempt of court in a criminal proceeding, notwithstanding the constitutional provision prohibiting the same, 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 information are not sufficient to satisfy the defendant's right to a fair trial under the Sixth Amendment of the United States Constitution and Section 15 of Article I of the California Constitution. 7.Requires a party issuing a subpoena to a third party for production of the personal records of an employee or consumer to serve notice to the employee or consumer at least 10 days prior to the date specified for the production of the documents and at least five days prior to service upon the custodian of the records, plus additional time, as specified, if service is by mail. This bill: 1.Provides that a party issuing a subpoena in any civil or criminal proceeding to a third party that seeks the records of a journalist will, except in circumstances that pose a clear and substantial threat to the integrity of a criminal investigation or present an imminent risk of death or serious bodily harm, provide notice of the subpoena to the journalist and the publisher of the newspaper, magazine, or other publication, or the station operations manager of the broadcast station, that employs or contracts with the journalist at least five days prior to issuing the subpoena. 2.Requires the above notice to include, at a minimum, an explanation of why the requested records are of material assistance to the party or body seeking them and why alternate CONTINUED SB 558 Page 4 sources of information are not sufficient to avoid the need for the subpoena. 3.Revises the exception for the existing five days' notice requirement for a subpoena requiring a journalist to appear, providing that the requirement applies except in circumstances that pose a clear and substantial threat to the integrity of the criminal investigation or present an imminent risk of death or serious bodily harm. Background The California Constitution (a) prevents a publisher, journalist, or any other person employed by a newspaper or other publication, or by any broadcast news station, from being held in contempt for refusing to disclose a news source and (b) shields the journalist from contempt for refusing to disclose any "unpublished information," such as notes, interviews, or other material gathered in the process of researching or writing a story. In addition, current law imposes certain requirements and limitations on efforts to obtain a journalist's records or testimony by subpoena, including a requirement that a journalist who is subpoenaed in a civil or criminal proceeding be given at least five days' notice by the party issuing the subpoena that his or her appearance will be required. These constitutional and statutory provisions are known as the reporters' shield law. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 8/29/13) California Newspaper Publishers Association (source) ARGUMENTS IN SUPPORT : According to the California Newspaper Publishers Association (CNPA), the sponsor, "SB 558 is intended to give journalists and their newspaper or media employers a chance to become aware of the threat to their unpublished information and confidential sources and the time to engage the judicial process to protect their shield law rights." CNPA also cites the secret subpoenas against the Associated Press to highlight the need for this legislation. CONTINUED SB 558 Page 5 ASSEMBLY FLOOR : 78-0, 08/26/13 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Vacancy, Vacancy AL:nl 8/29/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED