BILL NUMBER: AB 1241	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Calderon

                        FEBRUARY 27, 2015

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1241, as amended, Calderon. Crimes: audiovisual work:
recording.
   Existing law makes it a crime for a person to, for commercial
advantage or private financial gain, knowingly advertise or offer for
sale or resale, or sell or resell, or cause the rental, sale, or
resale of, or rent, or manufacturer, or possess 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.  Existing law provides
different punishments for different violations of these provisions
and provides that the punishment for a first offense for certain
violations of these provisions is imprisonment in a county jail not
to exceed one year, or a   fine not to exceed $50,000, or
both that fine and imprisonment. Existing law provides that the
punishment for a 2   nd or subsequent offense for those same
violations is imprisonment in a county jail not to exceed one year,
or imprisonment for a felony, or by a fine not to exceed $200,000, or
by both that fine and imprisonment. 
   This bill  would provide that the punishment for a 2nd or
subsequent offense for those certain violations would be imprisonment
in a county jail not to exceed one year, or imprisonment for a
felony, or by a fine of not less than $1,000, but not to exceed
$200,000, or by both that fine and imprisonment. The bill  would
 also  make technical, nonsubstantive changes to that
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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  of not less than one thousand dollars
(1,000), bu   t  not to exceed two hundred thousand
dollars ($200,000), or by both that fine and imprisonment.