California 2015-2016 Regular Session Status: In Committee

AB 1772 — Disorderly conduct.

Last action — In committee: Held under submission.

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

This bill died with 2015-2016 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Existing law establishes the offense of disorderly conduct to include, among other acts, specified invasions of privacy and the act of, while loitering, prowling, or wandering upon the private property of another, at any time, peeking in the door or window of any inhabited building or structure, without visible or lawful business with the owner or occupant. Except as specified, existing law makes those offenses punishable by imprisonment in a county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both that fine and imprisonment. This bill would instead provide that, except as specified below, those offenses are punishable by imprisonment in a county jail for not more than 6 months, by a fine of $1,000, or by both that fine and imprisonment, or punishable by imprisonment in a county jail for 16 months, or 2 or 3 years, by a fine of $2,000, or by both that fine and imprisonment. Existing law makes a second or subsequent violation of the invasion of privacy provisions described above punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. Existing law authorizes the same punishments if the victim of one of those invasions of privacy was a minor at the time of the offense. This bill would instead provide that, except as specified below, a second or subsequent violation of the invasion of privacy provisions described above is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment, or punishable by imprisonment in a county jail for 16 months, or 2 or 3 years, by a fine not exceeding $5,000, or by both that fine and imprisonment. The bill would authorize the same punishments if the victim of one of those invasions of privacy was a minor at the time of the offense. Existing law provides that, except as specified, every person who, having been convicted of violating the peeking or invasion of privacy provisions described above, commits a second or subsequent violation of those provisions, shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding $1,000, or by both that fine and imprisonment. This bill would provide that, except as specified below, those violations are punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment, or punishable by imprisonment in a county jail for 16 months, or 2 or 3 years, by a fine not exceeding $5,000, or by both that fine and imprisonment. Existing law provides that every person who, having been convicted of violating the peeking or invasion of privacy provisions described above, uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person who may be in a state of full or partial undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, in the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which that other person has a reasonable expectation of privacy, with the intent to invade the privacy of that other person, regardless of whether it is a first, second, or subsequent violation of that specific invasion of privacy provision, shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding $5,000, or by both that fine and imprisonment. This bill would provide that those violations are punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $5,000, or by both that fine and imprisonment, or punishable by imprisonment in a county jail for 16 months, or 2 or 3 years, by a fine not exceeding $10,000, or by both that fine and imprisonment. The bill would also make conforming changes. By increasing the penalties for existing crimes, the bill would impose a state-mandated local program. 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. In committee: Held under submission.

  2. In committee: Set, first hearing. Referred to APPR. suspense file.

  3. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 3.) (April 20). Re-referred to Com. on APPR.

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

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

  6. In committee: Set, final hearing. Failed passage. Reconsideration granted.

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

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

  9. Referred to Com. on PUB. S.

  10. From printer. May be heard in committee March 5.

  11. 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

Reconsideration.

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Republican 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Jones-Sawyer — Yea
Low — Yea
Melendez — Yea
Quirk — Not Voting
Lopez — Yea
Santiago — Yea
Lackey, Tom 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 1772 do?
Existing law establishes the offense of disorderly conduct to include, among other acts, specified invasions of privacy and the act of, while loitering, prowling, or wandering upon the private property of another, at any time, peeking in the door or window of any inhabited building or structure, without visible or lawful business with the owner or occupant. Except as specified, existing law makes those offenses punishable by imprisonment in a county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both that fine and imprisonment. This bill would instead provide that, except as specified below, those offenses are punishable by imprisonment in a county jail for not more than 6 months, by a fine of $1,000, or by both that fine and imprisonment, or punishable by imprisonment in a county jail for 16 months, or 2 or 3 years, by a fine of $2,000, or by both that fine and imprisonment. Existing law makes a second or subsequent violation of the invasion of privacy provisions described above punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. Existing law authorizes the same punishments if the victim of one of those invasions of privacy was a minor at the time of the offense. This bill would instead provide that, except as specified below, a second or subsequent violation of the invasion of privacy provisions described above is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment, or punishable by imprisonment in a county jail for 16 months, or 2 or 3 years, by a fine not exceeding $5,000, or by both that fine and imprisonment. The bill would authorize the same punishments if the victim of one of those invasions of privacy was a minor at the time of the offense. Existing law provides that, except as specified, every person who, having been convicted of violating the peeking or invasion of privacy provisions described above, commits a second or subsequent violation of those provisions, shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding $1,000, or by both that fine and imprisonment. This bill would provide that, except as specified below, those violations are punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment, or punishable by imprisonment in a county jail for 16 months, or 2 or 3 years, by a fine not exceeding $5,000, or by both that fine and imprisonment. Existing law provides that every person who, having been convicted of violating the peeking or invasion of privacy provisions described above, uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person who may be in a state of full or partial undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, in the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which that other person has a reasonable expectation of privacy, with the intent to invade the privacy of that other person, regardless of whether it is a first, second, or subsequent violation of that specific invasion of privacy provision, shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding $5,000, or by both that fine and imprisonment. This bill would provide that those violations are punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $5,000, or by both that fine and imprisonment, or punishable by imprisonment in a county jail for 16 months, or 2 or 3 years, by a fine not exceeding $10,000, or by both that fine and imprisonment. The bill would also make conforming changes. By increasing the penalties for existing crimes, the bill would impose a state-mandated local program. 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 1772?
AB 1772 is sponsored by Beth Gaines.
What is the current status of AB 1772?
This bill died with 2015-2016 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 AB 1772?
Track AB 1772 free on One Click Politics — get push/email alerts when it moves.

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