BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 411|
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THIRD READING
Bill No: SB 411
Author: Lara (D)
Introduced:2/25/15
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/7/15
AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone
SUBJECT: Crimes
SOURCE: California Attorneys for Criminal Justice
California Public Defenders Association
Conference of California Bar Associations
DIGEST: This bill provides that taking a photograph or making
an audio or video recording of: (1) an executive officer, while
the officer is in a public place or in a place where the person
taking the photograph or making the recording has the right to
be, is not, in and of itself, a violation of the law stating
that every person who deters or prevents an executive officer
from performing any of his or her duties, or knowingly resists
the officer, is punishable by a fine or imprisonment; or, (2) a
public officer or peace officer, while the officer is in a
public place or in a place where the person taking the
photograph or making the recording has the right to be, is not,
in and of itself, a violation of the law stating every person
who willfully resists, delays, or obstructs any public officer,
peace officer, or emergency medical technician in the discharge
or attempt to discharge any of his or her duties shall be
punished by a fine or imprisonment, or both, nor do these
actions constitute reasonable suspicion to detain the person or
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probable cause to arrest the person.
ANALYSIS:
Existing law:
1)States that every person who attempts, by means of any threat
or violence, to deter or prevent an executive officer from
performing any duty imposed on the officer by law, or who
knowingly resists, by the use of force or violence, such
officer, in the performance of his duty, is punishable by a
fine not exceeding ten thousand dollars ($10,000), or by
imprisonment pursuant to subdivision (h) of Penal Code Section
1170, or in a county jail not exceeding one year, or by both
such fine and imprisonment. (Penal Code § 69.)
2)States that every person who willfully resists, delays, or
obstructs any public officer, peace officer, or an emergency
medical technician, as specified, in the discharge or attempt
to discharge any duty of his or her office or employment, when
no other punishment is prescribed, shall be punished by a fine
not exceeding one thousand dollars ($1,000), or by
imprisonment in a county jail not to exceed one year, or by
both that fine and imprisonment. And, except as otherwise
provided, every person who knowingly and maliciously
interrupts, disrupts, impedes, or otherwise interferes with
the transmission of a communication over a public safety radio
frequency shall be punished by a fine not exceeding one
thousand dollars ($1,000), imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
(Penal Code § 148(a).)
This bill:
1)Provides that taking a photograph or making an audio or video
recording of an executive officer, while the officer is in a
public place or in a place where the person taking the
photograph or making the recording has the right to be, is
not, in and of itself, a violation of Penal Code Section 69.
2)Provides that taking a photograph or making an audio or video
recording of a public officer or peace officer, while the
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officer is in a public place or in a place where the person
taking the photograph or making the recording has the right to
be, is not, in and of itself, a violation of Penal Code
Section 148 (a), nor does it constitute reasonable suspicion
to detain the person or probable cause to arrest the person.
NOTE: Please see the policy committee analysis for a full
discussion of this bill.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified4/7/15)
California Attorneys for Criminal Justice (co-source)
California Public Defenders Association (co-source)
Conference of California Bar Associations (co-source)
American Civil Liberties Union of California
Asian Law Alliance
Bill of Rights Defense Committee
California Newspaper Publishers Association
Consumer Electronics Association
Courage Campaign
Friends Committee on Legislation in California
Legal Services for Prisoners with Children
OPPOSITION: (Verified4/7/15)
None received
ARGUMENTS IN SUPPORT: The American Civil Liberties Union of
California states:
Despite the well-established right to take photographs
and make audio and video recordings of police officers,
and despite the clear language of Penal Code sections 69
and 148 - which specify that only when a person uses
threats or violence to deter or prevent an officer from
performing the officer's duties, or when a person
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resists, delays, or obstructs an officer in the
performance of the officer's duties should that person be
punished - members of the public have nonetheless been
arrested and detained for lawfully photographing and
recording the police. Law enforcement officers violate
the Constitution's core protections when they arrest and
detain people for legally pursuing constitutionally
protected activity. Such violations threaten our
liberties and make our communities less safe.
By recognizing the existing constitutional right to
photograph and record the police, SB 411 helps to
safeguard our collective freedoms and takes an important
step towards ensuring that individuals are not punished
for the mere exercise of their constitutional rights.
Prepared by:Jessica Devencenzi / PUB. S. /
4/8/15 15:13:19
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