California 2015-2016 Regular Session Status: Enacted 1 D cosponsors

AB 1671 — Confidential communications: disclosure.

Last action — Chaptered by Secretary of State - Chapter 855, Statutes of 2016.

  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 January 15, 2016. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 76% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

(1) 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 defines a confidential communication as any communication carried on in circumstances that reasonably indicate that any party to the communication desires it to be confined to the parties thereto. 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. This bill additionally would make it a crime for a person who unlawfully eavesdrops upon or records a confidential communication as described above with a health care provider, as defined, to intentionally disclose or distribute the contents of the confidential communication without the consent of all parties to the confidential communication unless specified conditions are met. The bill would make this prohibition subject to the same exemptions as are applicable to the prohibition on eavesdropping upon or recording a confidential communication as described above. The bill would also specify the conduct that constitutes aiding and abetting the commission of those offenses, as specified. The bill would specify, with respect to the exemption for recording communications believed to relate to the commission of a crime by a party to the communication, that a felony involving violence includes human trafficking, as defined. By creating a new crime, this bill would impose a state-mandated local program. (2) Existing law authorizes any person who has been injured by a violation of the prohibition on eavesdropping upon or recording confidential communications, and related offenses, to bring an action against the person who committed the violation to enjoin and restrain the violation, as well as to bring an action for monetary damages, as specified. This bill would provide that the monetary damages be imposed per violation of the above-described provisions. (3) Existing law makes the above-specified crime of eavesdropping punishable by a fine not to exceed $2,500 or imprisonment in a county jail not exceeding one year, or in the state prison for 16 months or 2 or 3 years. If the person has previously been convicted of eavesdropping, or has previously been convicted of specified invasion of privacy crimes, existing law requires the person to be punished by a fine not exceeding $10,000, by imprisonment in a county jail not exceeding one year, or in the state prison for 16 months or 2 or 3 years. This bill would require the above-specified fines to be imposed on a per-violation basis and would impose the same penalties prescribed for the unlawful eavesdropping upon or recording of a confidential communication to the disclosure crimes created by the bill. The bill also would make various technical, nonsubstantive changes to existing law. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 855, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 26. Page 6574.).

  5. Assembly Rule 63 suspended. (Page 6569.)

  6. In Assembly. Concurrence in Senate amendments pending.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 13. Page 5578.).

  8. Ordered to third reading.

  9. (Ayes 26. Noes 12. Page 5557.)

  10. Withdrawn from committee.

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

  12. Senate Rule 29.3(b) suspended. (Ayes 26. Noes 13. Page 5510.)

  13. Re-referred to Com. on RLS.

  14. Read second time and amended. Ordered to third reading.

  15. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11).

  16. Referred to APPR. suspense file.

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

  18. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 28).

  19. Referred to Com. on PUB. S.

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

  21. Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 26. Page 5014.)

  22. Read second time. Ordered to third reading.

  23. From committee: Do pass. (Ayes 14. Noes 6.) (May 25).

  24. Re-referred to Com. on APPR.

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

  26. In committee: Hearing postponed by committee.

  27. In committee: Set, first hearing. Hearing canceled at the request of author.

  28. In committee: Hearing postponed by committee.

  29. Re-referred to Com. on APPR.

  30. Read second time and amended.

  31. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 19).

  32. Re-referred to Com. on PUB. S.

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

  34. In committee: Set, second hearing. Hearing canceled at the request of author.

  35. In committee: Set, first hearing. Hearing canceled at the request of author.

  36. Re-referred to Com. on PUB. S.

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

  38. Referred to Com. on PUB. S.

  39. From printer. May be heard in committee February 18.

  40. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on · 11 voted No

Sponsors (1)

  • Gomez

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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 1671 GOMEZ Concurrence in Senate Amendments

Passed 52 Yea · 26 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 472102
Democratic 5000
Republican 0500
Total 522602
% of votes cast 65%33%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Jones-Sawyer — Yea
Low — Yea
Maienschein — Nay
Mathis — Nay
Nazarian — Yea
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Nay
Williams — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Gatto — Yea
Salas — Yea
Medina — Yea
Alejo — Yea
Baker — Yea
Bonilla — Yea
Frazier — Yea
Gomez — Yea
Gordon — Yea
Harper — Nay
Lopez — Yea
Holden — Yea
Kim — Nay
Levine — Yea
Linder — Nay
Burke — Yea
Atkins — Yea
Mayes — Nay
McCarty — Yea
Melendez — Nay
Campos — Yea
Mullin — Yea
O'Donnell — Yea
Obernolte — Nay
Gray — Not Voting
Bigelow — Nay
Chang — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Olsen — Nay
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Nay
Ting — Yea
Wagner — Nay
Weber — Yea
Wilk — Nay
Wood — Yea
Hadley — Not Voting
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

3rd Reading (Supplemental File 2) AB1671 Gomez By Jackson

Passed 26 Yea · 13 Nay
Party YeaNayPresentNot Voting
Unaffiliated 241200
Democratic 2100
Total 261300
% of votes cast 67%33%0%0%
How each member voted (39)
Member Party Vote
Bates — Nay
Beall — Yea
Block — Yea
Hernandez — Yea
Hueso — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Nielsen — Nay
Roth — Yea
Wieckowski — Yea
Cannella — Nay
Fuller — Nay
Galgiani — Yea
Glazer — Yea
Hall — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Hertzberg — Yea
Hill — Yea
Lara — Yea
Pan — Yea
Pavley — Yea
Wolk — Yea
Hancock — Yea
Anderson — Nay
Huff — Nay
Monning — Yea
Moorlach — Nay
Morrell — Nay
Vidak — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
Bates — Nay
Beall — Yea
Mendoza — Yea
Nielsen — Nay
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Lara — Yea
Nielsen — Yea
Hill — Yea
Beall — Yea
Mendoza — Yea
McGuire, Mike Democratic Yea

Official roll call →

AB 1671 GOMEZ Assembly Third Reading

Passed 52 Yea · 26 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 472102
Democratic 5000
Republican 0500
Total 522602
% of votes cast 65%33%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bloom — Yea
Brough — Nay
Brown — Yea
Linder — Nay
Maienschein — Nay
Mathis — Nay
Mayes — Nay
Melendez — Nay
Mullin — Yea
Olsen — Nay
Ridley-Thomas — Yea
Steinorth — Nay
Thurmond — Yea
Waldron — Nay
Weber — Yea
Eggman — Yea
Cooley — Not Voting
Dababneh — Yea
Daly — Yea
Gatto — Yea
Chang — Nay
Kim — Nay
Wilk — Nay
Burke — Yea
Frazier — Yea
Campos — Yea
Salas — Yea
Bonilla — Yea
Gomez — Yea
Gordon — Yea
Gray — Yea
Harper — Nay
Lopez — Yea
Holden — Yea
Jones-Sawyer — Yea
Levine — Yea
Atkins — Yea
Low — Yea
McCarty — Yea
Medina — Yea
Chau — Yea
Baker — Yea
Bigelow — Nay
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooper — Yea
Dodd — Yea
Nazarian — Yea
O'Donnell — Yea
Obernolte — Nay
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Wagner — Nay
Williams — Yea
Wood — Yea
Hadley — Not Voting
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 14 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12400
Democratic 2000
Republican 0200
Total 14600
% of votes cast 70%30%0%0%
How each member voted (20)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Santiago — Yea
Wagner — Nay
Eggman — Yea
Chang — Nay
Holden — Yea
Daly — Yea
McCarty — Yea
Obernolte — Nay
Quirk — Yea
Weber — Yea
Wood — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

public-safety healthcare
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 1671 do?
(1) 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 defines a confidential communication as any communication carried on in circumstances that reasonably indicate that any party to the communication desires it to be confined to the parties thereto. 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. This bill additionally would make it a crime for a person who unlawfully eavesdrops upon or records a confidential communication as described above with a health care provider, as defined, to intentionally disclose or distribute the contents of the confidential communication without the consent of all parties to the confidential communication unless specified conditions are met. The bill would make this prohibition subject to the same exemptions as are applicable to the prohibition on eavesdropping upon or recording a confidential communication as described above. The bill would also specify the conduct that constitutes aiding and abetting the commission of those offenses, as specified. The bill would specify, with respect to the exemption for recording communications believed to relate to the commission of a crime by a party to the communication, that a felony involving violence includes human trafficking, as defined. By creating a new crime, this bill would impose a state-mandated local program. (2) Existing law authorizes any person who has been injured by a violation of the prohibition on eavesdropping upon or recording confidential communications, and related offenses, to bring an action against the person who committed the violation to enjoin and restrain the violation, as well as to bring an action for monetary damages, as specified. This bill would provide that the monetary damages be imposed per violation of the above-described provisions. (3) Existing law makes the above-specified crime of eavesdropping punishable by a fine not to exceed $2,500 or imprisonment in a county jail not exceeding one year, or in the state prison for 16 months or 2 or 3 years. If the person has previously been convicted of eavesdropping, or has previously been convicted of specified invasion of privacy crimes, existing law requires the person to be punished by a fine not exceeding $10,000, by imprisonment in a county jail not exceeding one year, or in the state prison for 16 months or 2 or 3 years. This bill would require the above-specified fines to be imposed on a per-violation basis and would impose the same penalties prescribed for the unlawful eavesdropping upon or recording of a confidential communication to the disclosure crimes created by the bill. The bill also would make various technical, nonsubstantive changes to existing law. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 1671?
AB 1671 is sponsored by Gomez, Santiago, and Jackson, Corey A. (Democratic).
What is the current status of AB 1671?
This bill has been enacted into law. Introduced January 15, 2016. Enacted.
Where can I track AB 1671?
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