California 2021-2022 Regular Session Status: Enacted 1 D cosponsors

AB 514 — Injunctions: undertakings: civil actions: distribution of sexually explicit materials.

Last action — Chaptered by Secretary of State - Chapter 518, Statutes of 2021.

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

This bill has been enacted into law. Introduced February 09, 2021. Enacted.

Prognosis

Likely to advance 72% · 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.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • 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 requires a court or judge, on granting an injunction, to require an undertaking on the part of the applicant sufficient to cover certain damages the party enjoined may sustain by reason of the injunction, if the court finally decides that the applicant was not entitled to the injunction. Existing law exempts from the undertaking requirement certain persons seeking an injunction, as specified. Existing law creates a private right of action against a person who intentionally distributes a photograph or recorded image of another, without the other person's consent, if certain conditions are met, including if the person who distributed the material knows that the other person had a reasonable expectation that the material would remain private, and if the material exposes the intimate body parts, as defined, of the other person or shows that person engaged in specified sexual acts. Existing law authorizes a court to grant equitable relief to a plaintiff in a civil proceeding pursuant to these provisions, including a preliminary injunction or a permanent injunction ordering the defendant to cease distribution of material. This bill would exempt from the undertaking requirement an applicant seeking an injunction ordering the defendant to cease distribution of material under these provisions. The bill would instead create the private right of action described above against a person who knew, or reasonably should have known, that the other person had a reasonable expectation that the material would remain private. Existing law provides an exception to liability for the cause of action described above in certain circumstances, including that the distributed material was previously distributed by another person. This bill would instead provide an exception to liability for the cause of action described above if the material was previously distributed by another person, unless the plaintiff served on the defendant, by certified mail, a notice to cease distribution of the material, and the defendant failed to cease distribution within 20 days of receiving the notice.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 518, Statutes of 2021.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 0. Page 2844.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 5 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2390.).

  7. Ordered to special consent calendar.

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 7. Noes 0.) (August 26).

  10. In committee: Referred to suspense file.

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

  12. From committee: Amend, and do pass as amended and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (June 15).

  13. Referred to Coms. on JUD. and APPR.

  14. In Senate. Read first time. To Com. on RLS. for assignment.

  15. Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1366.)

  16. Read second time. Ordered to Consent Calendar.

  17. From committee: Do pass. To Consent Calendar. (Ayes 11. Noes 0.) (May 4).

  18. Re-referred to Com. on JUD.

  19. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  20. Referred to Com. on JUD.

  21. From printer. May be heard in committee March 12.

  22. Read first time. To print.

Sponsors

Sponsorship breakdown

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

Sponsors (1)

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

AB 514 Ward Concurrence in Senate Amendments

Passed 73 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 25002
Unaffiliated 39005
Republican 9000
Total 73007
% of votes cast 91%0%0%9%
How each member voted (80)
Member Party Vote
Daly — Yea
McCarty — Yea
Medina — Yea
Smith — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Gray — Not Voting
Levine — Not Voting
Bloom — Not Voting
Rendon — Not Voting
Voepel — Yea
Friedman — Yea
Cooley — Yea
Mathis — Yea
Bigelow — Yea
Chiu — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Kiley — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Frazier — Yea
O'Donnell — Yea
Waldron — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Not Voting
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Special Consent AB514

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 23000
Republican 3001
Democratic 11002
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Wilk — Yea
Bradford — Yea
Min — Yea
Hueso — Yea
Kamlager — Yea
Skinner — Yea
Leyva — Yea
Pan — Yea
Wieckowski — Yea
Roth — Yea
Melendez — Yea
Newman — Yea
Glazer — Yea
Bates — Yea
Atkins — Yea
Nielsen — Yea
Rubio — Yea
Portantino — Yea
Hertzberg — Yea
Eggman — Yea
Dodd — Yea
Gonzalez — Yea
Borgeas — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 4000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Kamlager — Yea
Portantino — Yea
Bates — Yea
Bradford — Yea
Laird, John Democratic Yea
McGuire, Mike Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Placed on suspense file

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Republican 1000
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Portantino — Yea
Wieckowski — Yea
Kamlager — Yea
Bradford — Yea
Bates — Not Voting
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 3001
Republican 1000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Borgeas — Yea
Gonzalez — Yea
Wieckowski — Yea
Hertzberg — Not Voting
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

AB 514 Ward Consent Calendar Second Day

Passed 74 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 27000
Unaffiliated 39002
Republican 8002
Total 74004
% of votes cast 95%0%0%5%
How each member voted (78)
Member Party Vote
Bloom — Yea
Friedman — Yea
Voepel — Yea
Cooley — Yea
Mathis — Yea
Bigelow — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Kiley — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Wood — Yea
Low — Yea
Frazier — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Smith — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Gray — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Not Voting
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

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 AB 514 do?
Existing law requires a court or judge, on granting an injunction, to require an undertaking on the part of the applicant sufficient to cover certain damages the party enjoined may sustain by reason of the injunction, if the court finally decides that the applicant was not entitled to the injunction. Existing law exempts from the undertaking requirement certain persons seeking an injunction, as specified. Existing law creates a private right of action against a person who intentionally distributes a photograph or recorded image of another, without the other person's consent, if certain conditions are met, including if the person who distributed the material knows that the other person had a reasonable expectation that the material would remain private, and if the material exposes the intimate body parts, as defined, of the other person or shows that person engaged in specified sexual acts. Existing law authorizes a court to grant equitable relief to a plaintiff in a civil proceeding pursuant to these provisions, including a preliminary injunction or a permanent injunction ordering the defendant to cease distribution of material. This bill would exempt from the undertaking requirement an applicant seeking an injunction ordering the defendant to cease distribution of material under these provisions. The bill would instead create the private right of action described above against a person who knew, or reasonably should have known, that the other person had a reasonable expectation that the material would remain private. Existing law provides an exception to liability for the cause of action described above in certain circumstances, including that the distributed material was previously distributed by another person. This bill would instead provide an exception to liability for the cause of action described above if the material was previously distributed by another person, unless the plaintiff served on the defendant, by certified mail, a notice to cease distribution of the material, and the defendant failed to cease distribution within 20 days of receiving the notice.
Who sponsors AB 514?
AB 514 is sponsored by Ward, Christopher M. (Democratic).
What is the current status of AB 514?
This bill has been enacted into law. Introduced February 09, 2021. Enacted.
Where can I track AB 514?
Track AB 514 free on One Click Politics — get push/email alerts when it moves.

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