BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1671 (Gomez) - Confidential communications: disclosure
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|Version: August 2, 2016 |Policy Vote: PUB. S. 5 - 2 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 11, 2016 |Consultant: Jolie Onodera |
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*********** 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
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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.
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