California 2009-2010 Regular Session Status: To Executive

SB 830 — Recording crimes.

Last action — Chaptered by Secretary of State. Chapter 480, Statutes of 2010.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides that a person is guilty of failure to disclose the origin of a recording or audiovisual work if, for commercial advantage or private financial gain, he or she advertises, sells, rents, manufactures, or possesses for those purposes, a recording or audiovisual work that does not disclose the name of the manufacturer, author, artist, performer, or producer, as specified. Failure to disclose the origin of a recording or audiovisual work is punishable by imprisonment in a county jail, imprisonment in the state prison, or a fine, or by both imprisonment and fine, as specified, depending on the number of articles of audio recordings or audiovisual works involved, and whether the offense is a first offense or a 2nd or subsequent offense. Existing law defines "recording" for the purpose of these provisions to mean any tangible medium upon which information or sounds are recorded or otherwise stored, including any phonograph record, disc, tape, audio cassette, wire, film, or other medium on which information or sounds are recorded or stored, but does not include sounds accompanying a motion picture or other visual work. Existing law defines "audiovisual works" as the physical embodiment of works that consist of related images that are intrinsically intended to be shown using machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects such as films or tapes on which the works are embodied. This bill would expand the definition of "recording" for the purposes of the above provisions to expressly include, but not be limited to, a memory card, flash drive, hard drive, or data storage device. This bill would, for purposes of the definition of "audiovisual works," add discs, memory cards, flash drives, hard drives, or data storage devices, or other devices to films and tapes as examples of material objects on which the works may be embodied. By expanding the scope of an existing crime, this bill would mandate a state-mandated local program. This bill would incorporate changes to Section 653w of the Penal Code proposed by AB 819, contingent on the prior enactment of that bill. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 480, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 4 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 35. Noes 0. Page 4966.) To enrollment.

  5. From committee: That the Assembly amendments be concurred in. (Ayes 7. Noes 0. Page 4955.)

  6. Set for hearing August 26.

  7. From committee: Be re-referred to Com. on PUB. S. pursuant to Senate Rule 29.10. (Ayes 4. Noes 0. Page 4858.) Re-referred to Com. on PUB. S.

  8. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  9. In Senate. To unfinished business.

  10. Read third time. Passed. (Ayes 76. Noes 0. Page 6501.) To Senate.

  11. Read third time. Amended. (Page 6298.) To third reading.

  12. Read second time. To third reading.

  13. (Heard in committee on August 12.)

  14. From committee: Do pass. (Ayes 17. Noes 0.)

  15. Set, first hearing. Referred to APPR. suspense file.

  16. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  17. (Heard in committee on June 15.)

  18. From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) Re-referred to Com. on APPR.

  19. (Heard in committee on May 28.)

  20. From committee: Be re-referred to Com. on PUB. S. (Ayes 9. Noes 0.) Re-referred to Com. on PUB. S.

  21. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on RULES.

  22. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on RULES.

  23. Re-referred to Com. on RULES.

  24. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  25. (Heard in committee on July 8.)

  26. From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 17. Noes 0.) Re-referred to Com. on APPR.

  27. To Com. on G.O.

  28. In Assembly. Read first time. Held at Desk.

  29. Read third time. Passed. (Ayes 36. Noes 0. Page 931.) To Assembly.

  30. To Special Consent Calendar.

  31. Read second time. To third reading.

  32. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  33. Set for hearing May 11.

  34. From committee: Do pass, but first be re-referred to Com. on APPR with recommendation: To Consent Calendar. (Ayes 12. Noes 0. Page 682.) Re-referred to Com. on APPR.

  35. Set for hearing April 28.

  36. To Com. on G.O.

  37. From print. May be acted upon on or after April 19.

  38. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Portantino · Cosponsor
  • Hagman · Cosponsor
  • Wright · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Wright

Co-sponsors (2)

  • Portantino
  • Hagman

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB830 Wright

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 1000
Democratic 1001
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Yea
Ducheny — Yea
Dutton — Yea
Hancock — Yea
Hollingsworth — Yea
Ashburn — Yea
Blakeslee — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Kehoe — Yea
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Yea
Alquist — Yea
Harman — Yea
Huff — Yea
Leno — Yea
Wright — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 830 Wright Senate Third Reading By CALDERON

Passed 88 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 82002
Democratic 3000
Republican 3000
Total 88002
% of votes cast 98%0%0%2%
How each member voted (90)
Member Party Vote
Eng — Yea
Carter — Yea
Feuer — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Anderson — Yea
Bass — Yea
Block — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Fuller — Yea
Furutani — Not Voting
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Norby — Not Voting
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Coto — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 18000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Conway — Yea
Hall — Yea
Harkey — Yea
De — Yea
Leon — Yea
Coto — Yea
Huffman — Yea
Norby — Yea
Torrico — Yea
Bradford — Yea
Miller — Yea
Nielsen — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Davis — Yea
Fuentes — Yea
Gatto — Yea

Official roll call →

Be referred to Committee on Public Safety.

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9001
Democratic 0001
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Hagman — Yea
Saldana — Not Voting
Hill — Yea
Mendoza — Yea
Nielsen — Yea
Adams — Yea
Lieu — Yea
Skinner — Yea
Torlakson — Yea
Beth Gaines — Yea
Caballero, Anna M. Democratic Not Voting

Official roll call →

Do pass and re-refer to Committee on Appropriations with recommendation: To Consent Calendar.

Passed 20 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 20002
Total 20002
% of votes cast 91%0%0%9%
How each member voted (22)
Member Party Vote
Cook — Yea
Hall — Yea
De — Yea
Leon — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Anderson — Yea
Lieu — Yea
Mendoza — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Hill — Yea
Jeffries — Yea
Nestande — Yea
Silva — Yea
Chesbro — Not Voting
Coto — Yea
Evans — Not Voting
Galgiani — Yea

Official roll call →

Special Consent #5 SB830 Committee on G.O. (Florez)

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Democratic 3000
Republican 1000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Cogdill — Yea
Ducheny — Yea
Dutton — Yea
Hancock — Yea
Harman — Yea
Huff — Yea
Leno — Yea
Negrete — Yea
Runner — Yea
Cedillo — Not Voting
Wyland — Yea
Oropeza — Yea
Pavley — Yea
Simitian — Yea
Wiggins — Yea
Wolk — Yea
Ashburn — Yea
McLeod — Yea
Aanestad — Yea
Alquist — Yea
Benoit — Yea
Hollingsworth — Yea
Kehoe — Yea
Liu — Yea
Maldonado — Yea
Romero — Not Voting
Steinberg — Yea
Walters — Yea
Wright — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Not Voting
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, but re-refer to the Committee on Appropriations Recommend Consent.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 2000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Yea
Florez — Yea
Negrete — Yea
Benoit — Yea
Oropeza — Yea
Wright — Yea
Harman — Yea
McLeod — Yea
Wiggins — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

public-safety technology
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Frequently asked questions

What does SB 830 do?
Existing law provides that a person is guilty of failure to disclose the origin of a recording or audiovisual work if, for commercial advantage or private financial gain, he or she advertises, sells, rents, manufactures, or possesses for those purposes, a recording or audiovisual work that does not disclose the name of the manufacturer, author, artist, performer, or producer, as specified. Failure to disclose the origin of a recording or audiovisual work is punishable by imprisonment in a county jail, imprisonment in the state prison, or a fine, or by both imprisonment and fine, as specified, depending on the number of articles of audio recordings or audiovisual works involved, and whether the offense is a first offense or a 2nd or subsequent offense. Existing law defines "recording" for the purpose of these provisions to mean any tangible medium upon which information or sounds are recorded or otherwise stored, including any phonograph record, disc, tape, audio cassette, wire, film, or other medium on which information or sounds are recorded or stored, but does not include sounds accompanying a motion picture or other visual work. Existing law defines "audiovisual works" as the physical embodiment of works that consist of related images that are intrinsically intended to be shown using machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects such as films or tapes on which the works are embodied. This bill would expand the definition of "recording" for the purposes of the above provisions to expressly include, but not be limited to, a memory card, flash drive, hard drive, or data storage device. This bill would, for purposes of the definition of "audiovisual works," add discs, memory cards, flash drives, hard drives, or data storage devices, or other devices to films and tapes as examples of material objects on which the works may be embodied. By expanding the scope of an existing crime, this bill would mandate a state-mandated local program. This bill would incorporate changes to Section 653w of the Penal Code proposed by AB 819, contingent on the prior enactment of that bill. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 830?
SB 830 is sponsored by Portantino, Hagman, and Wright.
What is the current status of SB 830?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 830?
Track SB 830 free on One Click Politics — get push/email alerts when it moves.

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