BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1671 (Gomez) - Confidential communications: disclosure ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: August 2, 2016 |Policy Vote: PUB. S. 5 - 2 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 11, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- *********** ANALYSIS ADDENDUM - SUSPENSE FILE *********** The following information is revised to reflect amendments adopted by the committee on August 11, 2016 Bill Summary: AB 1671 would make it an alternate felony-misdemeanor offense to intentionally disclose or distribute a confidential communication with a health care provider that was obtained unlawfully. This bill would additionally require the fines specified under the new crime established and the existing offense of unlawfully eavesdropping or recording a confidential communication to be imposed on a per-violation basis. Fiscal AB 1671 (Gomez) Page 1 of ? Impact: State prisons : Potential minor increase in state costs (General Fund) to the extent the provisions of this bill result in additional commitments to state prison. CDCR data indicates only five commitments to prison over the past two years related to this offense. To the extent even two felony convictions occur in any one year, annual costs would increase by $58,000, based on the estimated contract bed rate of $29,000 per inmate per year. County jails : Potential increase in local incarceration costs (Local Funds), offset to a degree by fine revenue, for additional commitments to county jail. While the number of new convictions resulting from this measure is unknown, for context, for every 25 additional convictions impacted by this measure, costs for a six-month jail sentences could increase local costs by $550,000 annually. Potential litigation : Unknown, potentially significant future costs for litigation (General Fund) to the extent the provisions of this measure face constitutional challenges under the First Amendment. Author Amendments: Narrow the newly created offense to delete the "aid and abet" provision. Add an exemption to the newly created offense if the confidential communication is provided solely to law enforcement for investigative purposes. -- END --