California 2009-2010 Regular Session Status: To Executive

SB 324 — Counterfeit marks.

Last action — Chaptered by Secretary of State. Chapter 581, Statutes of 2009.

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  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 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. This bill would authorize 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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 581, Statutes of 2009.

  2. Approved by Governor.

  3. Enrolled. To Governor at 1 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 35. Noes 0. Page 2405.) To enrollment.

  5. In Senate. To unfinished business.

  6. Read third time. Passed. (Ayes 76. Noes 1. Page 2259.) To Senate.

  7. Read second time. To third reading.

  8. (Heard in committee on June 16.)

  9. From committee: Do pass. (Ayes 6. Noes 0.)

  10. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on PUB. S.

  11. To Com. on PUB. S.

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

  13. Read third time. Passed. (Ayes 37. Noes 0. Page 543.) To Assembly.

  14. Read second time. To third reading.

  15. From committee: Do pass. (Ayes 7. Noes 0. Page 480.)

  16. Set for hearing April 14.

  17. To Com. on PUB. S.

  18. From print. May be acted upon on or after March 28.

  19. 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

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

Unfinished Business SB324 Cedillo

Passed 36 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 33005
Democratic 2000
Republican 1000
Total 36005
% of votes cast 88%0%0%12%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Wyland — Yea
Cogdill — Yea
Florez — Yea
Harman — Yea
Hollingsworth — Yea
Lowenthal — Yea
Negrete — Yea
Kehoe — Yea
Runner — Not Voting
Corbett — Yea
Ducheny — Not Voting
Leno — Yea
Liu — Yea
McLeod — Yea
Pavley — Not Voting
Dutton — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Not Voting
Wright — Yea
Aanestad — Yea
Alquist — Yea
Ashburn — Yea
Benoit — Yea
Huff — Yea
Maldonado — Yea
Oropeza — Yea
Price — Yea
Wiggins — Not Voting
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 324 Cedillo Senate Third Reading By FURUTANI

Passed 88 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 82102
Democratic 3000
Republican 3000
Total 88102
% of votes cast 97%1%0%2%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
Charles — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huffman — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Blakeslee — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Jeffries — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Bass — Yea
Krekorian — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torres — Not Voting
Torrico — Yea
Villines — Yea
Adams — Yea
Anderson — Nay
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Lieu — Not Voting
Logue — Yea
Ma — Yea
Nielsen — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Tran — Yea
Emmerson — Yea
DeVore — Yea
Fuentes — Yea
Galgiani — 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 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 5001
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Furutani — Not Voting
Gilmore — Yea
Hagman — Yea
Hill — Yea
Ammiano — Yea
Ma — Yea
Arambula, Joaquin Democratic Yea

Official roll call →

Senate 3rd Reading SB324 Cedillo

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35001
Democratic 2001
Republican 1000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Not Voting
Cogdill — Yea
Ducheny — Yea
Harman — Yea
Hollingsworth — Yea
Huff — Yea
Negrete — Yea
Runner — Yea
Dutton — Yea
Leno — Yea
Ashburn — Yea
Benoit — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Aanestad — Yea
Alquist — Yea
Kehoe — Yea
Maldonado — Yea
Steinberg — Yea
Wright — Yea
Cedillo — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Not Voting
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Cedillo — Yea
Hancock — Yea
Benoit — Yea
Huff — Yea
Leno — Yea
Steinberg — Yea
Wright — Yea

Official roll call →

Subjects

public-safety civil-rights labor
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Frequently asked questions

What does SB 324 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. This bill would authorize 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.
Who sponsors SB 324?
SB 324 is sponsored by Cedillo.
What is the current status of SB 324?
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 324?
Track SB 324 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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