BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 411


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          SENATE THIRD READING


          SB  
          411 (Lara)


          As Introduced  February 25, 2015


          Majority vote


          SENATE VOTE:  31-3


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |6-0  |Quirk, Melendez,      |                    |
          |                |     |Lackey, Lopez, Low,   |                    |
          |                |     |Santiago              |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          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:  








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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