BILL ANALYSIS Ó
SB 411
Page 1
SENATE THIRD READING
SB
411 (Lara)
As Introduced February 25, 2015
Majority vote
SENATE VOTE: 31-3
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |6-0 |Quirk, Melendez, | |
| | |Lackey, Lopez, Low, | |
| | |Santiago | |
| | | | |
| | | | |
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SUMMARY: Provides that the fact that a person takes a
photograph or makes an audio or video recording of a public
officer, peace officer, or executive officer, while the officer
is in a public place or the person taking the photograph or
making the recording is in a place he or she has the right to
be, is not, in and of itself, a violation of specified offenses
for obstruction of an officer, nor does it constitute reasonable
suspicion to detain the person or probable cause to arrest the
person. Specifically, this bill:
SB 411
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1)States that the fact that a person takes a photograph or makes
an audio or video recording of an executive officer, while the
officer is in a public place or the person taking the
photograph or making the recording is in a place he or she has
the right to be, does not constitute, in and of itself, a
violation of attempting by means of threats or violence, to
deter or prevent an executive officer from performing their
duty, or resisting by the use of force or violence the
officer, in performance of his or her duty.
2)Provides that the fact that a person takes a photograph or
makes an audio or video recording of a public officer or peace
officer, while the officer is in a public place or the person
taking the photograph or making the recording is in a place he
or she has the right to be, is not, in and of itself, a
violation of willfully resisting, delaying, or obstructing a
public officer, or peace officer, nor does it constitute
reasonable suspicion to detain the person or probable cause to
arrest the person.
3)States that the fact that a person takes a photograph or makes
an audio or video recording of a public officer or peace
officer, while the officer is in a public place or the person
taking the photograph or making the recording is in a place he
or she has the right to be, does not constitute reasonable
suspicion to detain the person or probable cause to arrest the
person.
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
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knowingly resists, by the use of force or violence, such
officer, in the performance of his duty, is punishable by a
fine not exceeding $10,000, or by imprisonment pursuant to
subdivision (h) of Section 1170, or in a county jail not
exceeding one year, or by both such fine and imprisonment.
2)Provides 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 $1,000, or by imprisonment in a county jail not
to exceed one year, or by both that fine and imprisonment.
3)States that 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 $1,000,
imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment.
4)Provides that any person who removes or takes any weapon,
other than a firearm, from the person of, or immediate
presence of, a public officer or peace officer, while
willfully resisting, delaying obstructing the officer in the
discharge or attempt to discharge any official duty, shall be
punished by imprisonment in a county jail not to exceed one
year or pursuant to subdivision (h) of Section 1170.
5)Provides that any person who removes or takes a firearm from
the person of, or immediate presence of, a public officer or
peace officer, while willfully resisting, delaying obstructing
the officer in the discharge or attempt to discharge any
official duty, shall be punished by imprisonment pursuant to
subdivision (h) of Section 1170.
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FISCAL EFFECT: Unknown. This bill has been keyed non-fiscal by
the Legislative Counsel.
COMMENTS: According to the author, "Our Constitution guarantees
us all the fundamental right to freedom of speech. Recent
events throughout the country and here in California have raised
questions about when an individual can - and can't - record. SB
411 will help erase ambiguity, enhance transparency and ensure
that freedom of speech is protected for both civilians and
police officers."
Analysis Prepared by:
David Billingsley / PUB. S. / (916) 319-3744
FN: 0001114