California 2009-2010 Regular Session Status: Passed Senate

SB 1249 — Counterfeit marks: donations.

Last action — From Assembly without further action.

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

This bill died with 2009-2010 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 makes it a misdemeanor or a felony for a person to willfully manufacture, intentionally sell, or knowingly possess for sale any counterfeit registered trademark, as specified. Existing law also requires the court, in any action under those provisions resulting in a conviction or a plea of nolo contendere, to order the forfeiture and destruction of all of those marks and matter bearing the marks, and order the disposition of all devices for manufacturing, reproducing, transporting, or assembling those marks, used in connection thereof. Existing law authorizes the court, upon law enforcement request and consent from the specific registrants, to consider a motion to have the goods, not including recordings or audiovisual works, as defined, donated to a nonprofit organization for the purpose of distributing the goods to persons living in poverty at no charge to the persons served by the organization. This bill would provide that no person shall be liable for costs, damages, or other claims or expenses as a result of actions taken or omitted in good faith in the course of donating goods to a nonprofit organization pursuant to these provisions, and that no person shall be criminally prosecuted or be subjected to any criminal penalty as a result of any action taken or omitted in good faith in the course of donating those goods.

Bill Text

Action History

  1. From Assembly without further action.

  2. From committee without further action.

  3. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B.,P. & C.P.

  4. Set, first hearing. Hearing canceled at the request of author.

  5. To Coms. on B.,P. & C.P. and J.,E.D., & E.

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

  7. Read third time. Passed. (Ayes 23. Noes 12. Page 3746.) To Assembly.

  8. Read second time. Amended. To third reading.

  9. From committee: Do pass as amended. (Ayes 7. Noes 3. Page 3674.)

  10. (Suspense - for vote only.)

  11. Set for hearing May 27.

  12. Placed on APPR suspense file.

  13. Set for hearing May 3.

  14. Read second time. Amended. Re-referred to Com. on APPR.

  15. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 1. Page 3181.)

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

  17. Set for hearing April 13.

  18. To Com. on G.O.

  19. From print. May be acted upon on or after March 23.

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

Sponsors

  • Cedillo · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Cedillo

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Senate 3rd Reading SB1249 Ducheny

Passed 24 Yea · 12 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 221103
Democratic 2000
Republican 0100
Total 241203
% of votes cast 62%31%0%8%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Wyland — Not Voting
Lowenthal — Yea
Negrete — Yea
Cogdill — Nay
Harman — Nay
Hollingsworth — Nay
Huff — Nay
Runner — Nay
Ducheny — Yea
Kehoe — Yea
Dutton — Nay
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Not Voting
Wright — Yea
Aanestad — Nay
Alquist — Yea
Ashburn — Nay
Leno — Yea
Price — Yea
Wolk — Yea
Corbett — Yea
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 7 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7301
Total 7301
% of votes cast 64%27%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Corbett — Yea
Kehoe — Yea
Leno — Yea
Price — Yea
Wolk — Yea
Alquist — Yea
Walters — Nay
Wyland — Nay
Cox — Not Voting
Denham — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Yea
Kehoe — Yea
Leno — Yea
Corbett — Yea
Price — Yea
Walters — Yea
Alquist — Not Voting
Wolk — Yea
Cox — Yea
Denham — Yea

Official roll call →

Do pass as amended, and re-refer to the Committee on Appropriations.

Passed 7 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 5104
Democratic 2000
Total 7104
% of votes cast 58%8%0%33%
How each member voted (12)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Negrete — Not Voting
Harman — Not Voting
Price — Yea
McLeod — Not Voting
Oropeza — Yea
Wright — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 1249 do?
Existing law makes it a misdemeanor or a felony for a person to willfully manufacture, intentionally sell, or knowingly possess for sale any counterfeit registered trademark, as specified. Existing law also requires the court, in any action under those provisions resulting in a conviction or a plea of nolo contendere, to order the forfeiture and destruction of all of those marks and matter bearing the marks, and order the disposition of all devices for manufacturing, reproducing, transporting, or assembling those marks, used in connection thereof. Existing law authorizes the court, upon law enforcement request and consent from the specific registrants, to consider a motion to have the goods, not including recordings or audiovisual works, as defined, donated to a nonprofit organization for the purpose of distributing the goods to persons living in poverty at no charge to the persons served by the organization. This bill would provide that no person shall be liable for costs, damages, or other claims or expenses as a result of actions taken or omitted in good faith in the course of donating goods to a nonprofit organization pursuant to these provisions, and that no person shall be criminally prosecuted or be subjected to any criminal penalty as a result of any action taken or omitted in good faith in the course of donating those goods.
Who sponsors SB 1249?
SB 1249 is sponsored by Cedillo.
What is the current status of SB 1249?
This bill died with 2009-2010 Regular Session. It reached “Passed Senate” 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 1249?
Track SB 1249 free on One Click Politics — get push/email alerts when it moves.

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