AB 413 — Confidential communications: domestic violence.
Last action — Chaptered by Secretary of State - Chapter 191, Statutes of 2017.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 09, 2017. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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11 sponsors
1 primary, 10 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (2 D · 1 R) — cross-party backing.
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 makes it a crime, subject to specified exemptions, for a person to intentionally eavesdrop upon or record a confidential communication by means of an electronic amplifying or recording device without the consent of all parties to the confidential communication. Existing law exempts from the prohibition the recording of a confidential communication made for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of certain crimes, including any felony involving violence against the person making the recording. Existing law also allows a judge to include a provision in a domestic violence restraining order permitting a victim of domestic violence to record any prohibited communication made to him or her by the perpetrator. This bill would allow a party to a confidential communication to record the communication for the purpose of obtaining evidence reasonably believed to relate to domestic violence, as specified, and the evidence so obtained would not be rendered inadmissible in a prosecution against the perpetrator for domestic violence. The bill would also authorize a victim of domestic violence who is seeking a domestic violence restraining order from a court to record specified communications made by the perpetrator for the exclusive purpose and use of providing the evidence to the court.
Bill Text
- Chaptered 09/01/17 - Chaptered Current pdf September 01, 2017
- Enrolled 08/22/17 - Enrolled pdf August 22, 2017
- Amended 07/11/17 - Amended Senate pdf July 11, 2017
- Amended 03/22/17 - Amended Assembly pdf March 22, 2017
- Introduced 02/09/17 - Introduced pdf February 09, 2017
- AB413 View text html
Action History
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Chaptered by Secretary of State - Chapter 191, Statutes of 2017.
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Approved by the Governor.
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Enrolled and presented to the Governor at 3 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 2678.).
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 19 pursuant to Assembly Rule 77.
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Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2072.).
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Read second time. Ordered to third reading.
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Read third time and amended. Ordered to second reading.
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Ordered to third reading.
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Ordered to special consent calendar.
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Read second time. Ordered to third reading.
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Ordered to second reading.
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Withdrawn from committee.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 6). Re-referred to Com. on APPR.
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Referred to Coms. on PUB. S. and APPR.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 840.)
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Read second time. Ordered to third reading.
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Read second time and amended. Ordered returned to second reading.
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From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (March 14).
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Referred to Com. on PUB. S.
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From printer. May be heard in committee March 12.
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Read first time. To print.
Sponsors
- Anderson · Cosponsor
- Chiu · Cosponsor
- Chávez · Cosponsor
- Dababneh · Cosponsor
- Eggman · Primary
- Gomez · Cosponsor
- Timothy S. Grayson · Cosponsor
- Tom Lackey · Cosponsor
- Skinner · Cosponsor
- Robert Garcia · Cosponsor
- Mark Stone · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 10 co-sponsors · 111 not signed on
Sponsors (1)
- Eggman
Co-sponsors (10)
- Anderson
- Chiu
- Chávez
- Dababneh
- Gomez
- Grayson, Timothy S. Democratic
- Lackey, Tom Republican
- Skinner
- Garcia, Robert Democratic
- Mark Stone
Not signed on (111)
111 members have not signed on to this bill.
Show all 111 →"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.
Subjects
Frequently asked questions
- What does AB 413 do?
- Existing law makes it a crime, subject to specified exemptions, for a person to intentionally eavesdrop upon or record a confidential communication by means of an electronic amplifying or recording device without the consent of all parties to the confidential communication. Existing law exempts from the prohibition the recording of a confidential communication made for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of certain crimes, including any felony involving violence against the person making the recording. Existing law also allows a judge to include a provision in a domestic violence restraining order permitting a victim of domestic violence to record any prohibited communication made to him or her by the perpetrator. This bill would allow a party to a confidential communication to record the communication for the purpose of obtaining evidence reasonably believed to relate to domestic violence, as specified, and the evidence so obtained would not be rendered inadmissible in a prosecution against the perpetrator for domestic violence. The bill would also authorize a victim of domestic violence who is seeking a domestic violence restraining order from a court to record specified communications made by the perpetrator for the exclusive purpose and use of providing the evidence to the court.
- Who sponsors AB 413?
- AB 413 is sponsored by Anderson, Chiu, Chávez, Dababneh, Eggman, Gomez, Grayson, Timothy S. (Democratic), Lackey, Tom (Republican), Skinner, Garcia, Robert (Democratic), and Mark Stone.
- What is the current status of AB 413?
- This bill has been enacted into law. Introduced February 09, 2017. Enacted.
- Where can I track AB 413?
- Track AB 413 free on One Click Politics — get push/email alerts when it moves.
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