BILL ANALYSIS Ó SB 411 Page 1 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: SB 411 Page 2 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 SB 411 Page 3 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. SB 411 Page 4 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