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

SB 145 — Sex offenders: child pornography.

Last action — Chaptered by Secretary of State. Chapter 777, Statutes of 2013.

  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 January 31, 2013. Enacted.

Prognosis

Likely to advance 82% · 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.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • 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

(1) Existing law makes it a crime for a person, with knowledge that another person is a minor, to knowingly distribute, send, cause to be sent, exhibit, or offer to distribute or exhibit by electronic mail or the Internet any harmful matter, as defined, to a minor with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or the minor, and with the intent or the purpose of seducing a minor. This bill would instead make it a misdemeanor or a felony for every person who knows, should have known, or believes that another person is a minor to distribute or exhibit harmful matter, as defined, depicting a minor or minors engaging in sexual conduct, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of a minor, and with the intent or for the purpose of engaging in sexual intercourse, sodomy, oral copulation, or with the intent that either person touch an intimate body part of the other. The bill would make a violation of these provisions punishable by imprisonment in a county jail not exceeding one year, or in the state prison for 2, 3, or 5 years. If the matter used was harmful matter, as defined, but does not include a depiction of a minor engaged in sexual conduct, the bill would make a violation of these provisions punishable by imprisonment in a county jail not exceeding one year, or in the state prison for 16 months, or 2 or 3 years. By increasing the punishment for a crime, this bill would impose a state-mandated local program. (2) Existing law makes it a felony, punishable by imprisonment in the state prison for 16 months, or 2 or 3 years, or in a county jail for up to one year, or by a fine not exceeding $2,500, or by both the fine and imprisonment, to knowingly possess or control child pornography, as specified. The bill would make it either a felony, punishable by imprisonment in the state prison for 16 months, or 2 or 5 years, or a misdemeanor, punishable by imprisonment in a county jail for up to one year, or by a fine not exceeding $2,500, or by both the fine and imprisonment, if the person knowingly possesses or controls child pornography, as specified, and the matter contains more than 600 images, as defined, at least 10 of which are images of prepubescent minors or minors under 12 years of age; or the matter portrays sexual sadism or sexual masochism involving a minor, as defined. This bill would make other technical, nonsubstantive, and conforming changes. Existing law, Proposition 83, as approved by the voters at the November 7, 2006, statewide general election, amended Section 311.11 of the Penal Code. The act authorizes the Legislature to amend its provisions to expand the scope of its application or to increase the punishments or penalties established by the act by a statute passed by a majority vote of each house thereof. Because the bill would increase punishments provided in the act, the bill may be passed by a majority vote of each house of the Legislature. Because a violation of the provisions would be a 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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 777, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 7 p.m.

  4. Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2282.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 78. Noes 0. Page 3013.) 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 17. Noes 0.) (August 30).

  10. Set, first hearing. Referred to APPR. suspense file.

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

  12. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (August 13).

  13. Set, first hearing. Hearing canceled at the request of author.

  14. Referred to Com. on PUB. S.

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

  16. Read third time. Passed. (Ayes 39. Noes 0. Page 1171.) Ordered to the Assembly.

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

  18. From committee: Do pass as amended. (Ayes 5. Noes 1. Page 1007.) (May 23).

  19. Set for hearing May 23.

  20. Placed on APPR. suspense file.

  21. Set for hearing April 29.

  22. Set, first hearing. Hearing canceled at the request of author.

  23. Set for hearing April 22.

  24. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 467.) (April 9). Re-referred to Com. on APPR.

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

  26. Set for hearing April 9.

  27. Hearing postponed by committee.

  28. Set for hearing April 16.

  29. Referred to Com. on PUB. S.

  30. From printer. May be acted upon on or after March 3.

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

Sponsors

  • Anderson · Cosponsor
  • Gorell · Cosponsor
  • Hall · Cosponsor
  • Knight · Cosponsor
  • Pavley · Primary
  • Stephen C. Padilla · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Pavley

Co-sponsors (5)

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 Business SB145 Pavley Concurrence

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 35001
Democratic 3000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Anderson — Yea
Block — Yea
Hill — Yea
Lara — Yea
Monning — Yea
Steinberg — Yea
Beall — Yea
Hernandez — Yea
Leno — Yea
Liu — Yea
Wright — Yea
De León — Yea
Cannella — Yea
Fuller — Yea
Corbett — Yea
Hancock — Yea
Hueso — Yea
Correa — Yea
Huff — Yea
Knight — Yea
Lieu — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Torres — Yea
Vidak — Yea
Walters — Not Voting
Wolk — Yea
Wyland — Yea
Emmerson — Yea
Evans — Yea
DeSaulnier — 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 145 Pavley Senate Third Reading By GORELL

Passed 78 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 71000
Democratic 4000
Republican 3000
Total 78000
% of votes cast 100%0%0%0%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Yea
Morrell — Yea
Weber — Yea
Campos — Yea
Frazier — Yea
Gordon — Yea
Gorell — Yea
Cooley — Yea
Holden — Yea
Allen — Yea
Bonilla — Yea
Ammiano — Yea
Eggman — Yea
Mullin — Yea
Nazarian — Yea
Olsen — Yea
Quirk — Yea
Ting — Yea
Wagner — Yea
Wieckowski — Yea
Wilk — Yea
Gomez — Yea
Gray — Yea
Mitchell — Yea
Hall — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Harkey — Yea
Lowenthal — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Jones-Sawyer — Yea
Levine — Yea
Logue — Yea
Medina — Yea
Melendez — Yea
Chau — Yea
Chesbro — Yea
Chávez — Yea
Conway — Yea
Donnelly — Yea
Nestande — Yea
Pan — Yea
Perea — Yea
Rendon — Yea
Skinner — Yea
Waldron — Yea
Williams — Yea
Daly — Yea
Dickinson — Yea
Fox — Yea
Gatto — Yea
Yamada — 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 as amended.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bradford — Yea
Holden — Yea
Wagner — Yea
Campos — Yea
Gatto — Yea
Gomez — Yea
Bocanegra — Yea
Harkey — Yea
Bigelow — Yea
Donnelly — Yea
Eggman — Yea
Linder — Yea
Pan — Yea
Quirk — Yea
Weber — Yea
Hall — Yea
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

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
Beall — Yea
Block — Yea
Hill — Yea
Knight — Yea
Liu — Yea
Nielsen — Yea
Steinberg — Yea
Wright — Yea
Cannella — Yea
Fuller — Yea
Galgiani — Yea
Hancock — Yea
De León — Yea
Hernandez — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Lieu — Yea
Torres — Yea
Walters — Yea
Wyland — Yea
Corbett — Yea
Monning — Yea
Pavley — Yea
Price — Yea
Roth — Yea
Wolk — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — 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 →

Do pass as amended.

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 0100
Unaffiliated 5001
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
De León — Yea
Hill — Yea
Lara — Yea
Steinberg — Not Voting
Walters — Yea
Beth Gaines — Yea
Padilla, Stephen C. Democratic Nay

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 145 do?
(1) Existing law makes it a crime for a person, with knowledge that another person is a minor, to knowingly distribute, send, cause to be sent, exhibit, or offer to distribute or exhibit by electronic mail or the Internet any harmful matter, as defined, to a minor with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or the minor, and with the intent or the purpose of seducing a minor. This bill would instead make it a misdemeanor or a felony for every person who knows, should have known, or believes that another person is a minor to distribute or exhibit harmful matter, as defined, depicting a minor or minors engaging in sexual conduct, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of a minor, and with the intent or for the purpose of engaging in sexual intercourse, sodomy, oral copulation, or with the intent that either person touch an intimate body part of the other. The bill would make a violation of these provisions punishable by imprisonment in a county jail not exceeding one year, or in the state prison for 2, 3, or 5 years. If the matter used was harmful matter, as defined, but does not include a depiction of a minor engaged in sexual conduct, the bill would make a violation of these provisions punishable by imprisonment in a county jail not exceeding one year, or in the state prison for 16 months, or 2 or 3 years. By increasing the punishment for a crime, this bill would impose a state-mandated local program. (2) Existing law makes it a felony, punishable by imprisonment in the state prison for 16 months, or 2 or 3 years, or in a county jail for up to one year, or by a fine not exceeding $2,500, or by both the fine and imprisonment, to knowingly possess or control child pornography, as specified. The bill would make it either a felony, punishable by imprisonment in the state prison for 16 months, or 2 or 5 years, or a misdemeanor, punishable by imprisonment in a county jail for up to one year, or by a fine not exceeding $2,500, or by both the fine and imprisonment, if the person knowingly possesses or controls child pornography, as specified, and the matter contains more than 600 images, as defined, at least 10 of which are images of prepubescent minors or minors under 12 years of age; or the matter portrays sexual sadism or sexual masochism involving a minor, as defined. This bill would make other technical, nonsubstantive, and conforming changes. Existing law, Proposition 83, as approved by the voters at the November 7, 2006, statewide general election, amended Section 311.11 of the Penal Code. The act authorizes the Legislature to amend its provisions to expand the scope of its application or to increase the punishments or penalties established by the act by a statute passed by a majority vote of each house thereof. Because the bill would increase punishments provided in the act, the bill may be passed by a majority vote of each house of the Legislature. Because a violation of the provisions would be a 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.
Who sponsors SB 145?
SB 145 is sponsored by Anderson, Gorell, Hall, Knight, Pavley, and Padilla, Stephen C. (Democratic).
What is the current status of SB 145?
This bill has been enacted into law. Introduced January 31, 2013. Enacted.
Where can I track SB 145?
Track SB 145 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 145

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 145

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →