California 2013-2014 Regular Session Status: Enacted 1 D cosponsors

AB 2306 — Constructive invasion of privacy: liability.

Last action — Chaptered by Secretary of State - Chapter 858, Statutes of 2014.

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

This bill has been enacted into law. Introduced February 21, 2014. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Under existing law, except as specified, a person is liable for constructive invasion of privacy when a person attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression, through the use of a visual or auditory enhancing device, of another person engaging in a personal or familial activity under circumstances in which the other person had a reasonable expectation of privacy. Existing law subjects a person who commits a constructive invasion of privacy to specified damages and civil fines. This bill would expand a person's potential liability for constructive invasion of privacy, by removing the limitation that the person use a visual or auditory enhancing device, and would instead make the person liable when using any device to engage in the above-described unlawful activity. This bill would incorporate additional changes to Section 1708.8 of the Civil Code proposed by AB 1256 that would become operative if this bill and AB 1256 are both enacted and this bill is enacted last.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 858, Statutes of 2014.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6632.).

  5. Assembly Rule 77 suspended. (Page 6616.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 29 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4903.).

  8. Ordered to special consent calendar.

  9. Read second time. Ordered to third reading.

  10. Read third time and amended. Ordered to second reading.

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 7. Noes 0.) (June 10).

  13. Referred to Com. on JUD.

  14. In Senate. Read first time. To Com. on RLS. for assignment.

  15. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 4966.)

  16. Read second time. Ordered to consent calendar.

  17. From committee: Do pass. To consent calendar. (Ayes 10. Noes 0.) (May 6).

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

  19. Re-referred to Com. on JUD.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  21. Referred to Com. on JUD.

  22. Read first time.

  23. From printer. May be heard in committee March 25.

  24. Introduced. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Chau

Co-sponsors (2)

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

AB 2306 CHAU Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 72000
Democratic 4000
Republican 3000
Total 79000
% of votes cast 100%0%0%0%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Yea
Holden — Yea
Jones-Sawyer — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Yea
Pan — Yea
Ridley-Thomas — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Gordon — Yea
Gorell — Yea
Campos — Yea
Hagman — Yea
Hall — Yea
Allen — Yea
Chau — Yea
Bonilla — Yea
Logue — Yea
Mullin — Yea
Nazarian — Yea
Gray — Yea
Olsen — Yea
Alejo — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Daly — Yea
Donnelly — Yea
Eggman — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Skinner — Yea
Wagner — Yea
Wieckowski — Yea
Wilk — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Lowenthal — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Chesbro — Yea
Levine — Yea
Medina — Yea
Bigelow — Yea
Melendez — Yea
Nestande — Yea
Perea — Yea
Williams — Yea
Dababneh — Yea
Dickinson — Yea
Fox — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gomez — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Special Consent #19 AB2306 Chau By Jackson

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Democratic 2001
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Anderson — Yea
Block — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Roth — Yea
Vidak — Yea
Walters — Yea
Wyland — Yea
Cannella — Yea
Fuller — Yea
Galgiani — Yea
Hernandez — Yea
Huff — Yea
Mitchell — Yea
De León — Yea
Beall — Yea
Correa — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Nielsen — Yea
Steinberg — Yea
Torres — Yea
Wright — Not Voting
Hancock — Not Voting
Knight — Yea
Corbett — Yea
Monning — Yea
Morrell — Yea
Pavley — Yea
Wolk — Yea
Evans — Yea
DeSaulnier — Yea
Yee — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Lara — Yea
Vidak — Yea
Leno — Yea
Monning — Yea
Anderson — Yea
Corbett — Yea
Jackson, Corey A. Democratic Yea

Official roll call →

AB 2306 CHAU Consent Calendar Second Day

Passed 78 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 71001
Democratic 4000
Republican 3000
Total 78001
% of votes cast 99%0%0%1%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Bigelow — Yea
Bradford — Yea
Buchanan — Yea
Harkey — Yea
Linder — Yea
Mansoor — Not Voting
Nestande — Yea
Olsen — Yea
Perea — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Weber — Yea
Wieckowski — Yea
Chávez — Yea
Cooley — Yea
Eggman — Yea
Bonilla — Yea
Brown — Yea
Frazier — Yea
Campos — Yea
Gorell — Yea
Holden — Yea
Mullin — Yea
Daly — Yea
Allen — Yea
Bloom — Yea
Nazarian — Yea
Quirk — Yea
Ting — Yea
Wagner — Yea
Wilk — Yea
Logue — Yea
Rendon — Yea
Skinner — Yea
Gray — Yea
Chau — Yea
Conway — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Lowenthal — Yea
Gomez — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Hall — Yea
Jones-Sawyer — Yea
Levine — Yea
Chesbro — Yea
Dababneh — Yea
Maienschein — Yea
Medina — Yea
Melendez — Yea
Pan — Yea
Waldron — Yea
Williams — Yea
Dickinson — Yea
Donnelly — Yea
Fox — Yea
Gatto — Yea
Yamada — Yea
Gordon — Yea
Hagman — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Democratic 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Alejo — Yea
Maienschein — Yea
Garcia — Yea
Wagner — Yea
Wieckowski — Yea
Chau — Yea
Dickinson — Yea
Gorell — Yea
Mark Stone — Yea
Muratsuchi, Al Democratic Yea

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2306 do?
Under existing law, except as specified, a person is liable for constructive invasion of privacy when a person attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression, through the use of a visual or auditory enhancing device, of another person engaging in a personal or familial activity under circumstances in which the other person had a reasonable expectation of privacy. Existing law subjects a person who commits a constructive invasion of privacy to specified damages and civil fines. This bill would expand a person's potential liability for constructive invasion of privacy, by removing the limitation that the person use a visual or auditory enhancing device, and would instead make the person liable when using any device to engage in the above-described unlawful activity. This bill would incorporate additional changes to Section 1708.8 of the Civil Code proposed by AB 1256 that would become operative if this bill and AB 1256 are both enacted and this bill is enacted last.
Who sponsors AB 2306?
AB 2306 is sponsored by Chau, Waldron, and Jackson, Corey A. (Democratic).
What is the current status of AB 2306?
This bill has been enacted into law. Introduced February 21, 2014. Enacted.
Where can I track AB 2306?
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Last checked for changes 3 months ago · updated continuously

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