Bill Text: CA AB1253 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 1253

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Hearsay: exceptions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-10-07 - Chaptered by Secretary of State - Chapter 363, Statutes of 2023. [AB1253 Detail]

Download: California-2023-AB1253-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1253

Introduced by Assembly Member Maienschein

February 16, 2023

An act to amend Section 3506 of the Civil Code, relating to nuisance.

LEGISLATIVE COUNSEL'S DIGEST

AB 1253, as introduced, Maienschein. Nuisance: motion pictures: enforcement.

Existing law defines a nuisance as anything injurious to health, indecent or offensive to the senses, or an obstruction to the free use of property, as specified. Under existing law, a nuisance includes the exhibition of a motion picture in which an intentional killing of, or cruelty to, a human being or an animal is shown if that action actually occurred in the production of the motion picture. Existing law authorizes the district attorney or the Attorney General to commence an action in equity to abate and prevent this nuisance and to perpetually enjoin the person conducting or maintaining it, as provided.

This bill would additionally authorize the county counsel to commence an action, as described above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 3506 of the Civil Code is amended to read:

3506.

Whenever there is reasonable cause to believe that a nuisance as defined in this title is kept, maintained or is in existence in any county, the district ~~attorney~~ attorney, county counsel, or the Attorney General, in the name of the people of the State of California, shall, on a proper showing, commence an action in equity to abate and prevent the nuisance and to perpetually enjoin the person conducting or maintaining it, and the owner, lessee or agent of the building, or place, in or upon which the nuisance exists, from maintaining or permitting it. As used herein, a proper showing to commence an action under this title must be based upon evidence independent of the motion picture itself that intentional killing of, or cruelty to, a human being or an animal actually occurred in the production of the motion picture for the purpose of such production.