California 2011-2012 Regular Session Status: In Committee

AB 326 — Counterfeit marks.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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

This bill died with 2011-2012 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Any person who willfully manufactures, intentionally sells, or knowingly possesses for sale any counterfeit mark registered with the Secretary of State or registered on the Principal Register of the United States Patent and Trademark Office is guilty of a felony, punishable, upon conviction, by a fine, or imprisonment, or both, as specified. In any action brought pursuant to this provision, existing law authorizes, upon request of any law enforcement agency and consent from the specific registrants, the court to consider a motion to have goods, articles, or other matter bearing the marks, and other devices that were used in connection with that crime, excluding certain recordings or audiovisual works, 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. For purposes of these provisions, a person includes a business entity. This bill would additionally provide immunity for any person, including, but not limited to, law enforcement, from liability to any person 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 pursuant to this provision. The bill would also provide that no person who is granted immunity by this provision shall be criminally prosecuted or be subjected to any criminal penalty for or because of any action taken or omitted in good faith in the course of donating goods pursuant to this provision.

Bill Text

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1 line(s) added, 1 removed.

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Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Set, first hearing. Hearing canceled at the request of author.

  4. Referred to Coms. on PUB. S. and JUD.

  5. From printer. May be heard in committee March 13.

  6. Read first time. 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.

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"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

Subjects

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Frequently asked questions

What does AB 326 do?
Any person who willfully manufactures, intentionally sells, or knowingly possesses for sale any counterfeit mark registered with the Secretary of State or registered on the Principal Register of the United States Patent and Trademark Office is guilty of a felony, punishable, upon conviction, by a fine, or imprisonment, or both, as specified. In any action brought pursuant to this provision, existing law authorizes, upon request of any law enforcement agency and consent from the specific registrants, the court to consider a motion to have goods, articles, or other matter bearing the marks, and other devices that were used in connection with that crime, excluding certain recordings or audiovisual works, 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. For purposes of these provisions, a person includes a business entity. This bill would additionally provide immunity for any person, including, but not limited to, law enforcement, from liability to any person 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 pursuant to this provision. The bill would also provide that no person who is granted immunity by this provision shall be criminally prosecuted or be subjected to any criminal penalty for or because of any action taken or omitted in good faith in the course of donating goods pursuant to this provision.
Who sponsors AB 326?
AB 326 is sponsored by Cedillo.
What is the current status of AB 326?
This bill died with 2011-2012 Regular Session. It reached “In Committee” 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 AB 326?
Track AB 326 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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