California 2013-2014 Regular Session Status: Enacted

AB 1256 — Civil law: privacy: entry and exit of facilities.

Last action — Chaptered by Secretary of State - Chapter 852, 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 22, 2013. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 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

Existing law provides that a person is liable for physical invasion of privacy when the defendant knowingly enters onto the land of another person without permission or otherwise commits a trespass in order to physically invade the privacy of the plaintiff with the intent to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a personal or familial activity and the physical invasion occurs in a manner that is offensive to a reasonable person. This bill would recast these provisions to instead provide that a person is liable for a physical invasion of privacy when the defendant knowingly enters onto the land of another person without permission or otherwise commits a trespass with the intent to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity and the invasion occurs in a manner that is offensive to a reasonable person. The bill would define "private, personal, or familial activity," as specified, and provide that this definition applies to physical and constructive invasion of privacy. Existing law provides that it is a crime punishable by a fine not exceeding $500, by imprisonment in a county jail for a period of not more than 6 months, or by both that fine and imprisonment, or by a greater fine and a longer period of imprisonment if the defendant has been previously convicted of a specified violation of law, to come into any school building or upon any school grounds, without lawful business thereon, if the defendant's presence or act interferes with the peaceful conduct of the activities of the school or disrupts the school or its pupils or school activities and the defendant remains there after being asked to leave, reenters or comes upon that place within 7 days of being asked to leave, has otherwise established a continued pattern of unauthorized entry, or willfully or knowingly creates a disruption with the intent to threaten the immediate physical safety of any pupil in preschool, kindergarten, or any of grades 1 to 8, inclusive, arriving at, attending, or leaving from school, as specified. This bill would provide that it is unlawful for any person, except a parent or guardian acting toward his or her minor child, to, by force, threat of force, or physical obstruction that is a crime of violence, intentionally injure, intimidate, interfere with, or attempt to injure, intimidate, or interfere with any person attempting to enter or exit a facility, or to, by nonviolent physical obstruction, intentionally injure, intimidate, interfere with, or attempt to injure, intimidate, or interfere with any person attempting to enter or exit a facility. The bill would define "facility" for purposes of these provisions as any public or private school grounds, or any health facility. The bill would authorize a person aggrieved by a violation of these provisions to bring a civil action to enjoin the violation, for compensatory and punitive damages, for injunctive relief, and for the cost of suit and reasonable attorney's and expert witness' fees, or with respect to compensatory damages, to elect, in lieu of actual damages, an award of statutory damages, as specified. The bill would also authorize the Attorney General, a district attorney, or a city attorney to bring a civil action to enjoin a violation of these provisions, for compensatory damages to persons and entities aggrieved by the violation, and for the imposition of a civil penalty, as specified. This bill would incorporate additional changes to Section 1708.8 of the Civil Code proposed by AB 2306 that would become operative if this bill and AB 2306 are both enacted and this bill is enacted last.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 852, 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 58. Noes 19. Page 6653.).

  5. Assembly Rule 77 suspended. (Ayes 55. Noes 24. Page 6646.)

  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 24. Noes 11. Page 4900.).

  8. Read second time. Ordered to third reading.

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

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 5. Noes 1.) (August 14).

  12. In committee: Placed on APPR. suspense file.

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 17).

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

  16. Referred to Com. on JUD.

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

  18. Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 19. Page 3721.)

  19. Read second time. Ordered to third reading.

  20. From committee: Do pass. (Ayes 12. Noes 4.) (January 23).

  21. Re-referred to Com. on APPR.

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

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (January 14). Re-referred to Com. on APPR.

  24. Re-referred to Com. on JUD.

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

  26. In committee: Hearing postponed by committee.

  27. In committee: Hearing postponed by committee.

  28. In committee: Hearing postponed by committee.

  29. Re-referred to Com. on JUD.

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

  31. Referred to Com. on JUD.

  32. Read first time.

  33. From printer. May be heard in committee March 26.

  34. Introduced. To print.

Sponsors

  • Bloom · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Bloom

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

AB 1256 BLOOM Concurrence in Senate Amendments

Passed 58 Yea · 19 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 541602
Democratic 4000
Republican 0300
Total 581902
% of votes cast 73%24%0%3%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Not Voting
Buchanan — Yea
Harkey — Nay
Levine — Yea
Linder — Nay
Mansoor — Nay
Nestande — Yea
Pan — Yea
Quirk — Yea
Rendon — Yea
Waldron — Yea
Campos — Yea
Cooley — Yea
Lowenthal — Yea
Gatto — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Dababneh — Yea
Daly — Yea
Bonilla — Yea
Gordon — Yea
Hall — Yea
Holden — Yea
Eggman — Yea
Jones-Sawyer — Yea
Medina — Yea
Mullin — Yea
Nazarian — Yea
Perea — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Skinner — Yea
Wieckowski — Yea
Wilk — Yea
Williams — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Allen — Nay
Gorell — Not Voting
Hagman — Nay
Chau — Yea
Logue — Nay
Maienschein — Yea
Melendez — Nay
Chesbro — Yea
Chávez — Nay
Bigelow — Nay
Conway — Nay
Dickinson — Yea
Donnelly — Nay
Olsen — Nay
Ting — Yea
Wagner — Nay
Weber — Yea
Fox — Yea
Frazier — Yea
Yamada — Yea
Gomez — Yea
Beth Gaines — Nay
Jim Patterson — Nay
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 Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB1256 Bloom By Evans

Passed 24 Yea · 11 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 221104
Democratic 2001
Total 241105
% of votes cast 60%28%0%13%
How each member voted (40)
Member Party Vote
Anderson — Nay
Block — Yea
Hueso — Yea
Knight — Nay
Lieu — Yea
Monning — Not Voting
Nielsen — Nay
Pavley — Yea
Walters — Nay
Wright — Not Voting
Correa — Yea
Evans — Yea
Wyland — Nay
Galgiani — Yea
Cannella — Yea
Mitchell — Yea
De León — Yea
Hernandez — Yea
Hill — Yea
Beall — Yea
Corbett — Yea
Huff — Nay
Lara — Yea
Leno — Yea
Liu — Yea
Morrell — Nay
Roth — Yea
Steinberg — Yea
Torres — Yea
Vidak — Nay
Wolk — Yea
DeSaulnier — Yea
Fuller — Nay
Yee — Not Voting
Hancock — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Democratic 1000
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Hill — Yea
De León — Yea
Lara — Yea
Steinberg — Yea
Walters — Not Voting
Beth Gaines — Nay
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 1256 BLOOM Assembly Third Reading

Passed 53 Yea · 19 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 491608
Democratic 4000
Republican 0300
Total 531908
% of votes cast 66%24%0%10%
How each member voted (80)
Member Party Vote
Achadjian — Not Voting
Alejo — Yea
Bigelow — Nay
Bloom — Yea
Bradford — Yea
Brown — Not Voting
Buchanan — Yea
Harkey — Nay
Levine — Yea
Linder — Nay
Mansoor — Nay
Nazarian — Yea
Perea — Not Voting
Rodriguez — Yea
Wagner — Nay
Wieckowski — Yea
Daly — Yea
Lowenthal — Yea
Garcia — Yea
Frazier — Yea
Atkins — Yea
Gatto — Yea
Fong — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Gordon — Yea
Hagman — Nay
Hall — Not Voting
Holden — Yea
Bocanegra — Yea
Jones-Sawyer — Yea
John A. Pérez — Yea
Salas — Yea
Logue — Not Voting
Maienschein — Yea
Allen — Nay
Medina — Yea
Gray — Nay
Melendez — Nay
Morrell — Nay
Mullin — Yea
Nestande — Nay
Ammiano — Yea
Chesbro — Yea
Chávez — Nay
Conway — Nay
Cooley — Yea
Dababneh — Yea
Dickinson — Yea
Donnelly — Nay
Eggman — Yea
Olsen — Nay
Pan — Yea
Quirk — Yea
Rendon — Yea
Ridley-Thomas — Yea
Skinner — Yea
Ting — Yea
Waldron — Not Voting
Weber — Yea
Wilk — Yea
Williams — Yea
Fox — Yea
Yamada — Yea
Gomez — Yea
Gorell — Not Voting
Beth Gaines — Nay
Jim Patterson — Not Voting
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 Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11401
Democratic 1000
Total 12401
% of votes cast 71%24%0%6%
How each member voted (17)
Member Party Vote
Bradford — Yea
Linder — Nay
Pan — Yea
Quirk — Yea
Wagner — Nay
Gomez — Yea
Holden — Yea
Campos — Yea
Bocanegra — Yea
Allen — Nay
Bigelow — Nay
Eggman — Yea
Ridley-Thomas — Yea
Weber — Yea
Donnelly — Not Voting
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety 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 1256 do?
Existing law provides that a person is liable for physical invasion of privacy when the defendant knowingly enters onto the land of another person without permission or otherwise commits a trespass in order to physically invade the privacy of the plaintiff with the intent to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a personal or familial activity and the physical invasion occurs in a manner that is offensive to a reasonable person. This bill would recast these provisions to instead provide that a person is liable for a physical invasion of privacy when the defendant knowingly enters onto the land of another person without permission or otherwise commits a trespass with the intent to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity and the invasion occurs in a manner that is offensive to a reasonable person. The bill would define "private, personal, or familial activity," as specified, and provide that this definition applies to physical and constructive invasion of privacy. Existing law provides that it is a crime punishable by a fine not exceeding $500, by imprisonment in a county jail for a period of not more than 6 months, or by both that fine and imprisonment, or by a greater fine and a longer period of imprisonment if the defendant has been previously convicted of a specified violation of law, to come into any school building or upon any school grounds, without lawful business thereon, if the defendant's presence or act interferes with the peaceful conduct of the activities of the school or disrupts the school or its pupils or school activities and the defendant remains there after being asked to leave, reenters or comes upon that place within 7 days of being asked to leave, has otherwise established a continued pattern of unauthorized entry, or willfully or knowingly creates a disruption with the intent to threaten the immediate physical safety of any pupil in preschool, kindergarten, or any of grades 1 to 8, inclusive, arriving at, attending, or leaving from school, as specified. This bill would provide that it is unlawful for any person, except a parent or guardian acting toward his or her minor child, to, by force, threat of force, or physical obstruction that is a crime of violence, intentionally injure, intimidate, interfere with, or attempt to injure, intimidate, or interfere with any person attempting to enter or exit a facility, or to, by nonviolent physical obstruction, intentionally injure, intimidate, interfere with, or attempt to injure, intimidate, or interfere with any person attempting to enter or exit a facility. The bill would define "facility" for purposes of these provisions as any public or private school grounds, or any health facility. The bill would authorize a person aggrieved by a violation of these provisions to bring a civil action to enjoin the violation, for compensatory and punitive damages, for injunctive relief, and for the cost of suit and reasonable attorney's and expert witness' fees, or with respect to compensatory damages, to elect, in lieu of actual damages, an award of statutory damages, as specified. The bill would also authorize the Attorney General, a district attorney, or a city attorney to bring a civil action to enjoin a violation of these provisions, for compensatory damages to persons and entities aggrieved by the violation, and for the imposition of a civil penalty, as specified. This bill would incorporate additional changes to Section 1708.8 of the Civil Code proposed by AB 2306 that would become operative if this bill and AB 2306 are both enacted and this bill is enacted last.
Who sponsors AB 1256?
AB 1256 is sponsored by Bloom.
What is the current status of AB 1256?
This bill has been enacted into law. Introduced February 22, 2013. Enacted.
Where can I track AB 1256?
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