California 2013-2014 Regular Session Status: Enacted

SB 255 — Disorderly conduct: invasion of privacy.

Last action — Chaptered by Secretary of State. Chapter 466, Statutes of 2013.

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

This bill has been enacted into law. Introduced February 13, 2013. Enacted.

Prognosis

Likely to advance 80% · 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.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 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 any person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person who may be in a state of full or partial undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, in the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which that other person has a reasonable expectation of privacy, with the intent to invade the privacy of that other person is guilty of disorderly conduct, which is a misdemeanor. Under existing law, (1) a first violation of that offense is punishable by imprisonment in a county jail not exceeding 6 months, or by a fine not exceeding $1,000, or by both that fine and imprisonment, and (2) a 2nd or subsequent violation of that offense, or any violation of that offense in which the victim was, at the time of the offense, a minor, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding $2,000, or by both that fine and imprisonment. This bill would provide that any person who photographs or records by any means the image of the intimate body part or parts of another identifiable person, under circumstances where the parties agree or understand that the image shall remain private, and the person subsequently distributes the image taken, with the intent to cause serious emotional distress, and the depicted person suffers serious emotional distress, is guilty of disorderly conduct and subject to that same punishment. By creating a new crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 466, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5 p.m.

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2377.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Urgency clause adopted. Passed. (Ayes 77. Noes 1. Page 3180.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. Read second time and amended. Ordered to second reading.

  9. From committee: Do pass as amended. (Ayes 16. Noes 0.) (August 30).

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (August 27). Re-referred to Com. on APPR.

  11. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  12. Referred to Com. on PUB. S.

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

  14. Read third time. Urgency clause adopted. Passed. (Ayes 37. Noes 1. Page 1855.) Ordered to the Assembly.

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 6. Noes 0. Page 1636.) (July 1).

  17. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

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

  19. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 1251.) (June 4).

  20. Set for hearing June 4.

  21. Re-referred to Com. on PUB. S.

  22. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  23. Referred to Com. on RLS.

  24. From printer. May be acted upon on or after March 16.

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

Sponsors

  • Anderson · Cosponsor
  • Beall · Cosponsor
  • De León · Cosponsor
  • Cannella · Primary
  • Hancock · Cosponsor
  • Knight · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 5 co-sponsors · 116 not signed on

Sponsors (1)

  • Cannella

Co-sponsors (5)

  • Anderson
  • Beall
  • De León
  • Hancock
  • Knight

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"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 Supp 1 SB255 Cannella Concurrence

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Anderson — Yea
Hernandez — Yea
Lara — Yea
Pavley — Yea
Vidak — Yea
Wolk — Yea
Wyland — Yea
Emmerson — Yea
DeSaulnier — Yea
Wright — Yea
De León — Yea
Cannella — Yea
Evans — Yea
Fuller — Yea
Corbett — Yea
Correa — Yea
Hancock — Yea
Beall — Yea
Block — Yea
Hill — Yea
Hueso — Yea
Huff — Yea
Knight — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Nielsen — Yea
Roth — Yea
Steinberg — Yea
Torres — Yea
Walters — Yea
Galgiani — Yea
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

SB 255 Cannella Third Reading Urgency By QUIRK

Passed 77 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 70100
Democratic 4000
Republican 3000
Total 77100
% of votes cast 99%1%0%0%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Levine — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Yea
Olsen — Yea
Skinner — Yea
Waldron — Yea
Wilk — Yea
Gomez — Yea
Campos — Yea
Gorell — Yea
Chau — Yea
Allen — Yea
Chesbro — Yea
Bonilla — Yea
Hagman — Yea
Harkey — Yea
Holden — Yea
Logue — Yea
Medina — Yea
Morrell — Yea
Gray — Yea
Mullin — Yea
Mitchell — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Nazarian — Yea
Lowenthal — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Alejo — Yea
Bigelow — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Daly — Yea
Dickinson — Yea
Eggman — Yea
Pan — Yea
Quirk — Yea
Rendon — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Wieckowski — Yea
Gatto — Yea
Jones-Sawyer — Yea
Melendez — Yea
Nestande — Yea
Perea — Yea
Williams — Yea
Donnelly — Nay
Fox — Yea
Frazier — Yea
Yamada — Yea
Gordon — Yea
Hall — 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 as amended.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bradford — Yea
Wagner — Yea
Bigelow — Yea
Campos — Yea
Gatto — Yea
Gomez — Yea
Bocanegra — Yea
Hall — Yea
Harkey — Yea
Holden — Yea
Linder — Yea
Donnelly — Not Voting
Eggman — Yea
Pan — Yea
Quirk — Yea
Weber — Yea
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading (Urgency Clause)

Passed 37 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34101
Democratic 3000
Total 37101
% of votes cast 95%3%0%3%
How each member voted (39)
Member Party Vote
Anderson — Yea
Beall — Yea
Block — Yea
Hernandez — Yea
Knight — Yea
Liu — Yea
Pavley — Yea
Wolk — Yea
Corbett — Yea
Emmerson — Yea
Correa — Not Voting
Evans — Yea
Galgiani — Yea
Huff — Yea
Leno — Yea
Nielsen — Yea
Torres — Yea
Walters — Yea
Wyland — Yea
De León — Yea
Cannella — Yea
Hancock — Yea
Hueso — Yea
Lara — Yea
Lieu — Yea
Steinberg — Yea
Wright — Yea
Hill — Yea
Monning — Yea
Roth — Yea
Vidak — Yea
DeSaulnier — Yea
Fuller — Yea
Yee — Nay
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 0001
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Lara — Yea
Steinberg — Yea
Walters — Yea
De León — Yea
Hill — Yea
Beth Gaines — Yea
Padilla, Stephen C. Democratic Not Voting

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 SB 255 do?
Existing law provides that any person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person who may be in a state of full or partial undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, in the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which that other person has a reasonable expectation of privacy, with the intent to invade the privacy of that other person is guilty of disorderly conduct, which is a misdemeanor. Under existing law, (1) a first violation of that offense is punishable by imprisonment in a county jail not exceeding 6 months, or by a fine not exceeding $1,000, or by both that fine and imprisonment, and (2) a 2nd or subsequent violation of that offense, or any violation of that offense in which the victim was, at the time of the offense, a minor, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding $2,000, or by both that fine and imprisonment. This bill would provide that any person who photographs or records by any means the image of the intimate body part or parts of another identifiable person, under circumstances where the parties agree or understand that the image shall remain private, and the person subsequently distributes the image taken, with the intent to cause serious emotional distress, and the depicted person suffers serious emotional distress, is guilty of disorderly conduct and subject to that same punishment. By creating a new crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 255?
SB 255 is sponsored by Anderson, Beall, De León, Cannella, Hancock, and Knight.
What is the current status of SB 255?
This bill has been enacted into law. Introduced February 13, 2013. Enacted.
Where can I track SB 255?
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