Signed by Governor Arnold Schwarzenegger

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that establishes penalties for falsely imprisoning a person with the intent to capture an image, recording, or impression of the person and for violating certain Vehicle Code statutes in order to capture an image, recording, or impression of a person for a commercial purpose.

Highlights:

• Specifies that a person who falsely imprisons a person with the intent to capture any type of visual image, sound recording, or other physical impression of that person shall be liable for or subject to the following (Sec. 1):
• Up to 3 times the amount of any general and special damages that are proximately caused by the action;
• Potential punitive damages;
• A civil fine of at least $5,000 and no more than $50,000;
• Potential "equitable relief" granted by the court, including, but not limited to, an injunction and restraining order against further violations.

• Specifies that a person who directs, solicits, induces, or causes another person to falsely imprison a person with the intent to capture any type of visual image, sound recording, or other physical impression shall be liable for or subject to the following (Sec. 1):
• Any general, special, and consequential damages resulting from each violation;
• Potential punitive damages;
• A civil fine of at least $5,000 and no more than $50,000;
• Potential "equitable relief" granted by the court, including, but not limited to, an injunction and restraining order against further violations.

• Specifies that any person who, in order to capture a visual image, sound recording, or other physical impression of a person for a commercial purpose, drives a vehicle with willful or wanton disregard for the safety of persons or property (commits "reckless driving"), willfully interferes with a driver in a manner that affects the driver's control of the vehicle, or follows a vehicle more closely than is "reasonable and prudent" shall be (Sec. 3):
• Guilty of a misdemeanor instead of an infraction; and
• Subject to imprisonment in a county jail for no more than 6 months and a fine of no more than $2,500; or
• Subject to imprisonment in a county jail for no more than 1 year and a fine of no more than $5,000, if the violation placed a minor child or children in danger.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes penalties for falsely imprisoning a person with the intent to capture an image, recording, or impression of the person and for violating certain Vehicle Code statutes in order to capture an image, recording, or impression of a person for a commercial purpose.

Highlights:

• Specifies that a person who falsely imprisons a person with the intent to capture any type of visual image, sound recording, or other physical impression of that person shall be liable for or subject to the following (Sec. 1):
• Up to 3 times the amount of any general and special damages that are proximately caused by the action;
• Potential punitive damages;
• A civil fine of at least $5,000 and no more than $50,000;
• Potential "equitable relief" granted by the court, including, but not limited to, an injunction and restraining order against further violations.

• Specifies that a person who directs, solicits, induces, or causes another person to falsely imprison a person with the intent to capture any type of visual image, sound recording, or other physical impression shall be liable for or subject to the following (Sec. 1):
• Any general, special, and consequential damages resulting from each violation;
• Potential punitive damages;
• A civil fine of at least $5,000 and no more than $50,000;
• Potential "equitable relief" granted by the court, including, but not limited to, an injunction and restraining order against further violations.

• Specifies that any person who, in order to capture a visual image, sound recording, or other physical impression of a person for a commercial purpose, drives a vehicle with willful or wanton disregard for the safety of persons or property (commits "reckless driving"), willfully interferes with a driver in a manner that affects the driver's control of the vehicle, or follows a vehicle more closely than is "reasonable and prudent" shall be (Sec. 3):
• Guilty of a misdemeanor instead of an infraction; and
• Subject to imprisonment in a county jail for no more than 6 months and a fine of no more than $2,500; or
• Subject to imprisonment in a county jail for no more than 1 year and a fine of no more than $5,000, if the violation placed a minor child or children in danger.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends the punishment for the violation of privacy.

Highlights:

• Establishes that a person is guilty of invasion of privacy when he or she trespasses in order to capture a visual image, sound recording, or physical impression of the personal life of another (Sec. 1).

• Establishes that using an audio or visual enhancement device that allows the person using it not to have to trespass in order to be able to record images or sounds from another person's personal life is considered a constructive invasion of privacy (Sec.1).

• Specifies that a person who is found guilty of an invasion of privacy shall be charged with 3 times the amount of damage done and will be fined between $5,000 and $50,000 (Sec. 1).

• Specifies that a person who directs another to violate a person's privacy in such a way is also liable for the cost of damages and will be fined between $5,000 and $50,000 (Sec. 1).

• Establishes that the sale or publication of the visual image, sound recording, or physical impression is not in violation of the law unless the entity purchasing the material is aware of the violation upon purchase (Sec. 1).

• Requires that the visual image, sound recording, or physical impression occur within the state of California in order for the law to apply (Sec. 1).

• Specifies that these guidelines are not meant to inhibit legal activity of those who work in law enforcement, government employees, or public or private entities that conduct investigations in order to uncover illegal activity (Sec. 1).

• Specifies that "for commercial purpose" is a sale with the intention of financial gain (Sec. 1).

• Allocates half of the funds received from privacy violation fines to the prosecuting agency and the other half to the Arts and Entertainment Fund, which will be created in the state treasury (Sec. 1).

• Authorizes that funds given to the Arts and Entertainment Fund may be spent by the California Arts Council (Sec. 1).

Full Bill Text