BILL ANALYSIS �
AB 665
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Date of Hearing: April 5, 2011
Counsel: Sandy Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 665 (Torres) - As Introduced: February 17, 2011
As Proposed to be Amended in Committee
SUMMARY : Makes a second or subsequent offense of "peeping"
with the naked eye or with the use of an instrumentality
punishable by one up to one year in jail, a fine of up to
$2,000, or both.
EXISTING LAW :
1)Makes it a misdemeanor for any person to look through a hole,
or otherwise use an instrumentality, such as binoculars, a
camera, or camcorder, to view the interior of a bedroom,
bathroom, changing room, fitting room, dressing room, or
tanning booth, or the interior of any other area in which the
occupant has a reasonable expectation of privacy, with the
intent to invade the privacy of the person or people inside.
�Penal Code Section 647 (j)(1)
2)Makes it a misdemeanor for any person to use a device to
secretly videotape or record another person under or through
his or her clothing, for the purpose of viewing that person's
body or undergarments without consent and under circumstances
in which that person has a reasonable expectation of privacy,
if the perpetrator commits the act with a prurient intent.
�Penal Code Section 647(j)(2).]
3)Makes it a misdemeanor for any person who uses a concealed
instrumentality to secretly videotape or record another person
who is in a state of full or partial undress, for the purpose
of viewing that person's body or undergarments without consent
while that person is in a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior
of any other area in which that other person has a reasonable
expectation of privacy, with the intent to invade the privacy
of that individual. �Penal Code Section 647(j)(3).]
AB 665
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4)States that, unless otherwise specified, every offense
declared to be a misdemeanor is punishable by imprisonment in
the county jail not exceeding six months, or by fine not
exceeding $1,000, or by both. �Penal Code Section 19.]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author," Invasion of
privacy is an insidious offense that can leave its victims and
their family members with emotional impacts ranging from
embarrassment and anger to feelings of loss of security in
public places. People can fall prey to this type of offense
while at shopping stores and in dressing rooms. Furthermore,
given today's advances in technology, private images of
victims could easily be posted and distributed on the
internet. But, as perturbing as this offense can be to its
victims, repeating offenders have little incentive to curb
their behavior because they know little or nothing will be
done to punish their offenses. Increasing the penalty for
this type of offense will help law enforcement crack down on
individuals who are fully aware they should not be engaging in
such behavior, but continue to inflict emotional distress on
unsuspecting victims."
"AB 665 simply will give law enforcement, in cases where they
encounter repeated offenders, the tools to charge those
offenders with a higher penalty."
2)Increases Punishment for Repeat Offenders. AB 182 (Ackerman),
Chapter 231, Statutes of 1999, created the offense of secret
videotaping and made that offense a misdemeanor. This bill
increases the penalty from a six-month misdemeanor to a
one-year misdemeanor and increases the fine from a $1,000
maximum to a $2,000 maximum when the perpetrator commits a
second or subsequent violation.
3)Arguments in Support : None submitted.
4)Arguments in Opposition : According to the California Public
Defenders Association : "In this day and age of cohabitation of
mixed genders adults who are not romantically involved, in
conjunction with the prevalence of camera phones, it would
seem more appropriate to lower the sanction for such conduct
AB 665
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rather than increase it."
5)Related Legislation :
a) AB 708 (Knight) allows a criminal complaint charging a
violation of Penal Code Section 647(j) to be filed within
one year of the date a hidden recording is discovered. AB
708 is scheduled to be heard by this Committee today.
b) SB 248 (Wyland) requires a person convicted of violating
Penal Code Section 647(j) to provide a sample for DNA
testing. SB 248 failed passage in the Senate Public Safety
Committee.
6)Prior Legislation :
a) SB 1484 (Ackerman), Chaptered 666, Statutes of 2004,
expanded the crime of disorderly conduct to include the use
of a concealed instrumentality to secretly videotape
another fully or partially undressed person for the purpose
of viewing that person's body or undergarments without the
consent while that person is inside a bedroom, bathroom,
changing room, fitting room, dressing room, or tanning
booth, or in any other area in which that other person has
a reasonable expectation of privacy, with the intent to
invade that person's privacy.
b) AB 2640 (Cox), of the 2003-04 Legislative Session, would
have increased the penalty for the crime of disorderly
conduct to a felony. AB 2640 failed passage in this
Committee.
c) AB 2553 (Garcia), of the 2003-04 Legislative Session,
would have increased the penalty from a six-month
misdemeanor to an alternate misdemeanor/felony for
secretly recording a person under 18 years of age, and
created a new felony for a second or subsequent violation
of secretly recording a person under 18 years of age. AB
2553 failed passage in this Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
California District Attorneys Association
AB 665
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California Police Chiefs Association
Opposition
California Public Defenders Association
Legal Services for Prisoners with Children
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744