BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 708|
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THIRD READING
Bill No: AB 708
Author: Knight (R)
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/14/11
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 4/25/11 - See last page for vote
SUBJECT : Crimes involving hidden recordings: statute of
limitations
SOURCE : Author
DIGEST : This bill provides that a criminal complaint in
specified offenses relating to concealed cameras be filed
within one year of the camera being found.
ANALYSIS : Existing law provides that it is a misdemeanor
for a person to use a concealed camcorder, motion picture
camera or photographic camera to secretly record, as
specified, another identifiable person under or through the
clothing being worn by that other person, for the purpose
of viewing the body of or undergarments worn by that other
person, without the consent or knowledge of that other
person, with the intent to arouse, appeal to or gratify
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lust, passions or sexual desires of that person, and invade
the privacy of that other person, under circumstances in
which the other person has a reasonable expectation of
privacy. (Penal Code �PEN] Section 647(j)(2))
Existing law provides that it is a misdemeanor for a person
to use a concealed camcorder, motion picture camera or
photographic camera to secretly record, as specified,
another identifiable person who may be in a state of full
or partial undress, for the purpose of viewing the body of
or undergarments worn by that other person, without the
consent or knowledge of that other person, in the interior
of an area in which that other person has a reasonable
expectation of privacy, with the intent to invade the
privacy of that other person. (PEN Section 647(j)(3))
Existing law provides that, except in cases where a
different punishment is prescribed by California law, 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. (PEN Section
19)
Existing law states that, unless specified, prosecution for
an offense not punishable by death or imprisonment in state
prison shall be commenced within one year after commission
of the offense. (PEN Section 802)
Existing law provides that unless provided, as specified, a
limitation of time is not tolled or extended for any
reason. (PEN Section 803(a))
Existing law provides that if more than one time period, as
specified, applies, the time for commencing an action
shall be governed by the period that expires later in time.
(PEN Section 803.6(a))
Existing law provides that the statute of limitations for a
number of specified crimes, including offenses under the
Water Code, the Health and Safety Code or the Business and
Professions Code, does not commence to run until the
offense has been, or could reasonably have been,
discovered. The crimes include hazardous waste violations,
water quality offenses, pharmacy law violations and illegal
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immigration consultation. (PEN Section 803(e))
Existing law provides that prosecution for specified
offenses punishable by imprisonment in state prison
relating to fraud, breach of fiduciary duty, theft or
embezzlement upon an elder or dependent adult or official
misconduct must be commenced within four years after
discovery of the commission of the offense or within four
years after the completion of the offense, whichever is
later. (PEN Section 801.5 and 803(c))
This bill provides that a criminal complaint must be filed
within one year of the date of discovery of a hidden
recording related to a violation of provisions prohibiting
the use of concealed camcorders, motion picture cameras, or
photographic cameras, to secretly videotape another in PEN
Section 647 (j)(2)and (3).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/27/11)
California State Sheriffs' Association
California District Attorneys Association
California Narcotics Officers' Association
California Police Chiefs Association
ARGUMENTS IN SUPPORT : According to the author:
"Hidden cameras are appropriate in incidences where you
are protecting the safety of yourself, your children,
your home, or other specific security precautions. When
it comes to video surveillance of other people, it is
illegal to have a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly
videotape individuals where they would normally expect
complete privacy. Examples of expected privacy areas
would be bedrooms, bathrooms, locker rooms, dressing
rooms or hotel rooms.
"There is discrepancy in current law dealing with
specific statute of limitations for illegal hidden
cameras. Recently an investigation took place in
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Sacramento County where a man was accused of secretly
videotaping individuals in his home where they would
normally expect complete privacy. Some of the evidence
dates back more than three years of the official
investigation, falling outside of the statute of
limitations for prosecution.
"In order to protect public's safety and ensure
individuals are given their right to full privacy,
existing law must be amended. �This bill] will address
this issue regarding the statute of limitation by
providing that a criminal complaint may be filed within
one year of the date on which a hidden recording is
discovered relating to the provision of illegal hidden
camera devices. This bill is a minor amendment to the
penal code that will have a profound impact upon
improving and protecting the privacy of individuals."
ASSEMBLY FLOOR : 74-0, 4/25/11
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Galgiani,
Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Roger Hern�ndez, Hill, Huber, Hueso,
Huffman, Jeffries, Jones, Knight, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Pan, Perea,
V. Manuel P�rez, Portantino, Silva, Skinner, Smyth,
Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski,
Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Alejo, Furutani, Gorell, Lara, Olsen,
Vacancy
RJG:kc 6/28/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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