California 2017-2018 Regular Session Status: Enacted

SB 157 — Invasion of privacy: distribution of sexually explicit materials: protection of plaintiff's identity.

Last action — Chaptered by Secretary of State. Chapter 233, Statutes of 2017.

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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 January 18, 2017. 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 6 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 creates a private right of action against a person who intentionally distributes a photograph or recorded image of another that exposes the intimate body parts, as defined, of that person or him or her engaged in specified sexual acts, without his or her consent, knowing that the other person had a reasonable expectation that the material would remain private, if specified conditions are met. Existing law authorizes a plaintiff in a civil proceeding pursuant to these provisions to use a pseudonym instead of his or her true name and to exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. Existing law requires specified court documents, including motions and papers filed by parties, to be worded in a way that protects the name or other identifying characteristics of the plaintiff from public revelation. Existing law specifies that identifying characteristics include certain information for these purposes. This bill would require, in cases where a plaintiff uses a pseudonym, all other parties and their agents and attorneys to use the plaintiff's pseudonym in all pleadings, discovery documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public. The bill would require any party filing a pleading, discovery document, or other document in the action to exclude or redact identifying characteristics of the plaintiff from those documents, except as specified, and to file with the court and serve upon all other parties a confidential information form that includes the plaintiff's name and other identifying characteristics excluded or redacted. The bill would require the court to keep the plaintiff's name and excluded or redacted characteristics confidential. The bill would define identifying characteristics to include, among other information from which the plaintiff's identity can be discerned, telephone number, email address, social media profiles, online identifiers, as defined, and images of the plaintiff. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 233, Statutes of 2017.

  2. Approved by the Governor.

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

  4. In Senate. Ordered to engrossing and enrolling.

  5. Read third time. Passed. (Ayes 76. Noes 0. Page 68.) Ordered to the Senate.

  6. Read second time. Ordered to consent calendar.

  7. From committee: Do pass. Ordered to consent calendar. (Ayes 16. Noes 0.) (July 19).

  8. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (June 27). Re-referred to Com. on APPR.

  9. From committee: Do pass and re-refer to Com. on P. & C.P. with recommendation: To consent calendar. (Ayes 11. Noes 0.) (June 20). Re-referred to Com. on P. & C.P.

  10. Referred to Coms. on JUD. and P. & C.P.

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

  12. Read third time. Passed. (Ayes 40. Noes 0. Page 1257.) Ordered to the Assembly.

  13. Published May 17 at 9 p.m.

  14. Read second time. Ordered to third reading.

  15. Ordered to second reading.

  16. Read third time and amended.

  17. Read second time. Ordered to third reading.

  18. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  19. Set for hearing April 24.

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

  21. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 626.) (April 4).

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

  23. Set for hearing April 4.

  24. Referred to Com. on JUD.

  25. From printer. May be acted upon on or after February 18.

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

Sponsors

  • Wieckowski · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Wieckowski

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

SB 157 Wieckowski Consent Calendar Second Day

Passed 76 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 56002
Democratic 14001
Republican 6000
Total 76003
% of votes cast 96%0%0%4%
How each member voted (79)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Maienschein — Yea
Mathis — Yea
O'Donnell — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Thurmond — Yea
Waldron — Yea
Frazier — Yea
Low — Yea
Mayes — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Gonzalez Fletcher — Yea
Ting — Yea
Voepel — Yea
Fong — Yea
Salas — Yea
Chau — Yea
Chu — Yea
Gray — Yea
Bocanegra — Yea
Rubio — Yea
Harper — Yea
Jones-Sawyer — Yea
Kiley — Yea
Burke — Yea
Levine — Yea
McCarty — Not Voting
Baker — Yea
Chiu — Yea
Chávez — Yea
Cooper — Yea
Nazarian — Yea
Obernolte — Yea
Rendon — Yea
Weber — Yea
Wood — Yea
Cooley — Yea
Eggman — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Friedman — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Aguiar-Curry, Cecilia M. Democratic Not Voting
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 3000
Republican 0001
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
Obernolte — Yea
Fong — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
Chau — Yea
McCarty — Yea
Quirk — Yea
Eggman — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Not Voting

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 5000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Chau — Yea
Dababneh — Yea
Kiley — Yea
Obernolte — Yea
Baker — Yea
Berman, Marc Democratic Yea
Calderon, Lisa Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on [Privacy and Consumer Protection] with recommendation: To Consent Calendar

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Democratic 2000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Kiley — Yea
Chiu — Yea
Holden — Yea
Chau — Yea
Maienschein — Yea
Ting — Yea
Cunningham — Yea
Cristina Garcia — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

3rd Reading

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 35000
Democratic 5000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Hertzberg — Yea
Hill — Yea
Leyva — Yea
Moorlach — Yea
Newman — Yea
Nielsen — Yea
Roth — Yea
Wieckowski — Yea
Cannella — Yea
Atkins — Yea
Mitchell — Yea
Galgiani — Yea
Allen — Yea
De León — Yea
Portantino — Yea
Glazer — Yea
Hernandez — Yea
Dodd — Yea
Hueso — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Anderson — Yea
Bates — Yea
Beall — Yea
Bradford — Yea
Pan — Yea
Skinner — Yea
Vidak — Yea
Wilk — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. 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 SB 157 do?
Existing law creates a private right of action against a person who intentionally distributes a photograph or recorded image of another that exposes the intimate body parts, as defined, of that person or him or her engaged in specified sexual acts, without his or her consent, knowing that the other person had a reasonable expectation that the material would remain private, if specified conditions are met. Existing law authorizes a plaintiff in a civil proceeding pursuant to these provisions to use a pseudonym instead of his or her true name and to exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. Existing law requires specified court documents, including motions and papers filed by parties, to be worded in a way that protects the name or other identifying characteristics of the plaintiff from public revelation. Existing law specifies that identifying characteristics include certain information for these purposes. This bill would require, in cases where a plaintiff uses a pseudonym, all other parties and their agents and attorneys to use the plaintiff's pseudonym in all pleadings, discovery documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public. The bill would require any party filing a pleading, discovery document, or other document in the action to exclude or redact identifying characteristics of the plaintiff from those documents, except as specified, and to file with the court and serve upon all other parties a confidential information form that includes the plaintiff's name and other identifying characteristics excluded or redacted. The bill would require the court to keep the plaintiff's name and excluded or redacted characteristics confidential. The bill would define identifying characteristics to include, among other information from which the plaintiff's identity can be discerned, telephone number, email address, social media profiles, online identifiers, as defined, and images of the plaintiff. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Who sponsors SB 157?
SB 157 is sponsored by Wieckowski.
What is the current status of SB 157?
This bill has been enacted into law. Introduced January 18, 2017. Enacted.
Where can I track SB 157?
Track SB 157 free on One Click Politics — get push/email alerts when it moves.

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