Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that extends protections to patients and providers at reproductive healthcare facilities from being recorded or photographed within the proximity of any facility.

Highlights:

• Restricts any person, business, or association will not knowingly publicly post or publicly display, disclose, or distribute on internet websites or social media, the personal information or image of any reproductive health care services patient, provider, or assistant, or other individuals residing at the same home address with the intent to do either of the following (Sec. 2).

• Incite a third person to cause imminent great bodily harm to the reproductive health care services patient, provider, or assistant identified in the posting or display, or to a co resident of that person, where the third person is likely to commit this harm; or 

• Threaten the reproductive health care services patient, provider, or assistant, identified in the posting or display, or a co-resident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for their personal safety.

• Establishes that any reproductive health care services patient, provider, or assistant whose personal information or image is made public as a result of a violation, or any individual entity or organization authorized to act on their behalf, may do either or both of the following (Sec. 2):

• Bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it may grant injunctive or declaratory relief and will award the successful plaintiff court costs and reasonable attorney’s fees; or

• Bring an action for money damages in any court of competent jurisdiction. In addition to any other legal rights or remedies, if a jury or court finds that a violation has occurred, it will award damages to that individual in an amount up to a maximum of three times the actual damages, but in no case less than four thousand dollars ($4,000).

• Establishes that any person, business, or association can not publicly post or publicly display, disclose, or distribute, on internet websites or social media, the personal information or image of a reproductive health care services patient, provider, or assistant if that individual, or any individual, entity, or organization authorized to act on their behalf, has made a written demand of that person, business, or association to not disclose the personal information or image. A written demand made under this paragraph must include a statement declaring that the individual is subject to the protection of this section and describing a reasonable fear for the safety of that individual or of any person residing at the individual’s home address (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that extends protections to patients and providers at reproductive healthcare facilities from being recorded or photographed within the proximity of any facility.

Highlights:

• Restricts any person, business, or association will not knowingly publicly post or publicly display, disclose, or distribute on internet websites or social media, the personal information or image of any reproductive health care services patient, provider, or assistant, or other individuals residing at the same home address with the intent to do either of the following (Sec. 2).

• Incite a third person to cause imminent great bodily harm to the reproductive health care services patient, provider, or assistant identified in the posting or display, or to a co resident of that person, where the third person is likely to commit this harm; or 

• Threaten the reproductive health care services patient, provider, or assistant, identified in the posting or display, or a co-resident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for their personal safety.

• Establishes that any reproductive health care services patient, provider, or assistant whose personal information or image is made public as a result of a violation, or any individual entity or organization authorized to act on their behalf, may do either or both of the following (Sec. 2):

• Bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it may grant injunctive or declaratory relief and will award the successful plaintiff court costs and reasonable attorney’s fees; or

• Bring an action for money damages in any court of competent jurisdiction. In addition to any other legal rights or remedies, if a jury or court finds that a violation has occurred, it will award damages to that individual in an amount up to a maximum of three times the actual damages, but in no case less than four thousand dollars ($4,000).

• Establishes that any person, business, or association can not publicly post or publicly display, disclose, or distribute, on internet websites or social media, the personal information or image of a reproductive health care services patient, provider, or assistant if that individual, or any individual, entity, or organization authorized to act on their behalf, has made a written demand of that person, business, or association to not disclose the personal information or image. A written demand made under this paragraph must include a statement declaring that the individual is subject to the protection of this section and describing a reasonable fear for the safety of that individual or of any person residing at the individual’s home address (Sec. 2).

Full Bill Text