Depiction of individual using digital or electronic technology: sexually explicit material: cause of action.
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SB 564 — Depiction of individual using digital or electronic technology: sexually explicit material: cause of action.
Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
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 of that person or of a person engaged in a sexual act without the person's consent if specified conditions are met. This bill would provide that a depicted individual, as defined, who suffers harm resulting from the intentional disclosure of sexually explicit material without their consent has a cause of action against a person who creates and discloses the sexually explicit material if the person knew or reasonably should have known the depicted individual did not consent, and against a person who discloses, but does not create, the sexually explicit material if the person knew the depicted individual did not consent. The bill would exclude from liability the disclosure of sexually explicit material under specified circumstances, and would establish procedures and requirements for bringing a cause of action under these provisions, including provisions on damages, the use of a pseudonym in pleadings, and requiring an action to be brought within a specified time.
Bill Text
- Amended 05/02/19 - Amended Senate Current pdf May 02, 2019
- Amended 03/27/19 - Amended Senate pdf March 27, 2019
- Introduced 02/22/19 - Introduced pdf February 22, 2019
- SB564 View text html
Action History
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Returned to Secretary of Senate pursuant to Joint Rule 56.
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May 16 hearing: Held in committee and under submission.
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Set for hearing May 16.
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May 13 hearing: Placed on APPR. suspense file.
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Set for hearing May 13.
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Read second time and amended. Re-referred to Com. on APPR.
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From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 906.) (April 30).
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Set for hearing April 30.
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Re-referred to Coms. on JUD. and APPR.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
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Referred to Com. on RLS.
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Read first time.
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From printer. May be acted upon on or after March 27.
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Introduced. To Com. on RLS. for assignment. To print.
Sponsors
- Leyva · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Leyva
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 0 |
| Unaffiliated | 5 | 0 | 0 | 0 |
| Total | 6 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (6)
| Member | Party | Vote |
|---|---|---|
| Wieckowski | — | Yea |
| Portantino | — | Yea |
| Bates | — | Yea |
| Hill | — | Yea |
| Bradford | — | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 4 | 0 | 0 | 0 |
| Unaffiliated | 4 | 0 | 0 | 0 |
| Total | 9 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Allen | — | Yea |
| Monning | — | Yea |
| Borgeas | — | Yea |
| Wieckowski | — | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Jackson, Corey A. | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 564 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 of that person or of a person engaged in a sexual act without the person's consent if specified conditions are met. This bill would provide that a depicted individual, as defined, who suffers harm resulting from the intentional disclosure of sexually explicit material without their consent has a cause of action against a person who creates and discloses the sexually explicit material if the person knew or reasonably should have known the depicted individual did not consent, and against a person who discloses, but does not create, the sexually explicit material if the person knew the depicted individual did not consent. The bill would exclude from liability the disclosure of sexually explicit material under specified circumstances, and would establish procedures and requirements for bringing a cause of action under these provisions, including provisions on damages, the use of a pseudonym in pleadings, and requiring an action to be brought within a specified time.
- Who sponsors SB 564?
- SB 564 is sponsored by Leyva.
- What is the current status of SB 564?
- This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 564?
- Track SB 564 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 3 months ago · updated continuously
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