BILL ANALYSIS                                                                                                                                                                                                    



          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  
          ?
          
          
          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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