California 2021-2022 Regular Session Status: In Committee 1 D cosponsors

SB 435 — Civil law: personal rights: online sex trafficking: sexual photographs.

Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.

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

This bill died with 2021-2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 grants a cause of action to a depicted individual, as defined, against a person who either (1) creates and intentionally discloses sexually explicit material if the person knows or reasonably should have known the depicted individual did not consent to its creation or disclosure or (2) intentionally discloses sexually explicit material that the person did not create if the person knows the depicted individual did not consent to its creation. Existing law also specifies that a victim of human trafficking may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. This bill would allow a person to bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, specified statutory damages, and any other appropriate relief, against any person or entity that makes, obtains, or distributes, including through electronic distribution, actionable material, subject to specified exceptions. The bill would make this prohibition applicable to any person or entity that, with notice of claimed infringement, uploads or reuploads actionable material, or that in any manner publishes or republishes actionable material. This bill would define actionable material as any moving or still photograph in any technological form, regardless of whether it has been altered, of a person or their identifiable likeness, in which they are naked or that is sexual in nature, and that meets specified requirements. This bill would authorize, in addition to any other damages awarded to a prevailing plaintiff, statutory damages of $100,000 to be assessed and paid by the defendant for failing to remove, and cease distribution of, the material within 2 business days after notice of claimed infringement of these provisions was received by the defendant. If the plaintiff was under 18 years of age when the actionable material was created, the bill would provide that the additional statutory damages awarded would instead be $200,000 for failing to remove, and cease distribution of, the material within 2 business days after notice of claimed infringement of these provisions was received by the defendant. This bill would require a person or entity that operates an online service or internet website, including electronic distribution, that is available in California to list, in a location available to the public via the service or on the internet website, an agent for notification of claimed violation of these provisions, and would make failure to do so an actionable violation of these provisions. This bill, in addition to the private right of action, would require the Attorney General to enforce these provisions against repeated violators, including, among other actions, by levying fines commensurate with the statutory damages described above payable to the person in the actionable material. This bill would state that its provisions are severable.

Bill Text

Action History

  1. Returned to Secretary of Senate pursuant to Joint Rule 56.

  2. January 20 hearing: Held in committee and under submission.

  3. Set for hearing January 20.

  4. January 18 hearing: Placed on APPR suspense file.

  5. Set for hearing January 18.

  6. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 2755.) (January 12). Re-referred to Com. on APPR.

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

  8. Set for hearing January 12.

  9. Referred to Com. on JUD.

  10. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  11. (Ayes 32. Noes 4.)

  12. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  13. From printer. May be acted upon on or after March 19.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

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

Placed on suspense file

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 1000
Republican 0001
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Bradford — Yea
Bates — Yea
Kamlager — Yea
Portantino — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 6 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 3102
Republican 1000
Unaffiliated 2002
Total 6104
% of votes cast 55%9%0%36%
How each member voted (11)
Member Party Vote
Hertzberg — Yea
Gonzalez — Yea
Borgeas — Not Voting
Wieckowski — Not Voting
Caballero, Anna M. Democratic Not Voting
Durazo, Maria Elena Democratic Not Voting
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Nay
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety civil-rights technology
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Frequently asked questions

What does SB 435 do?
Existing law grants a cause of action to a depicted individual, as defined, against a person who either (1) creates and intentionally discloses sexually explicit material if the person knows or reasonably should have known the depicted individual did not consent to its creation or disclosure or (2) intentionally discloses sexually explicit material that the person did not create if the person knows the depicted individual did not consent to its creation. Existing law also specifies that a victim of human trafficking may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. This bill would allow a person to bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, specified statutory damages, and any other appropriate relief, against any person or entity that makes, obtains, or distributes, including through electronic distribution, actionable material, subject to specified exceptions. The bill would make this prohibition applicable to any person or entity that, with notice of claimed infringement, uploads or reuploads actionable material, or that in any manner publishes or republishes actionable material. This bill would define actionable material as any moving or still photograph in any technological form, regardless of whether it has been altered, of a person or their identifiable likeness, in which they are naked or that is sexual in nature, and that meets specified requirements. This bill would authorize, in addition to any other damages awarded to a prevailing plaintiff, statutory damages of $100,000 to be assessed and paid by the defendant for failing to remove, and cease distribution of, the material within 2 business days after notice of claimed infringement of these provisions was received by the defendant. If the plaintiff was under 18 years of age when the actionable material was created, the bill would provide that the additional statutory damages awarded would instead be $200,000 for failing to remove, and cease distribution of, the material within 2 business days after notice of claimed infringement of these provisions was received by the defendant. This bill would require a person or entity that operates an online service or internet website, including electronic distribution, that is available in California to list, in a location available to the public via the service or on the internet website, an agent for notification of claimed violation of these provisions, and would make failure to do so an actionable violation of these provisions. This bill, in addition to the private right of action, would require the Attorney General to enforce these provisions against repeated violators, including, among other actions, by levying fines commensurate with the statutory damages described above payable to the person in the actionable material. This bill would state that its provisions are severable.
Who sponsors SB 435?
SB 435 is sponsored by Cortese, Dave (Democratic).
What is the current status of SB 435?
This bill died with 2021-2022 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 435?
Track SB 435 free on One Click Politics — get push/email alerts when it moves.

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