BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 558
Author: Lieu (D), et al.
Amended: 8/12/13
Vote: 21
PRIOR VOTES NOT RELEVANT
SENATE JUDICIARY COMMITTEE : 6-0, 9/3/13 (pursuant to Senate
Rule 29.10)
AYES: Evans, Anderson, Corbett, Jackson, Monning, Vidak
NO VOTE RECORDED: Leno
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
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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
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unpublished information, as defined, obtained or prepared in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
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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
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
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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
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
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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.
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, Ch�vez, 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 Hern�ndez, Holden,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mitchell, Morrell,
Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson,
Perea, V. Manuel P�rez, Quirk, Quirk-Silva,
Rendon, Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber,
Wieckowski, Wilk, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Vacancy, Vacancy
AL:nl 9/3/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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