Bill Text: CA AB3140 | 2019-2020 | Regular Session | Amended
Bill Title: Access to reproductive health services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-05-05 - Re-referred to Com. on PUB. S. [AB3140 Detail]
Download: California-2019-AB3140-Amended.html
|
Amended
IN
Assembly
May 04, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 3140
| Introduced by Assembly Member Bauer-Kahan |
February 21, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
AB 3140, as amended, Bauer-Kahan.
Reproductive health services providers: confidentiality of personal information. Access to reproductive health services.
(1) Existing law prohibits a person, business, or association from knowingly publicly posting or displaying on the internet the home address or home telephone number of a provider, employee, volunteer, or patient of a reproductive health care services facility, or of persons residing at the same home address as a provider, employee, volunteer, or patient of a reproductive health services facility, with the intent to incite a 3rd person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, where the 3rd person is likely to commit this harm, or to threaten the person identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively
reasonable fear for the person’s or coresident’s personal safety. Existing law establishes a cause of action for damages and declaratory relief for violations.
This bill, instead, would prohibit a person, business, or association from knowingly publicly posting, displaying, disclosing, or distributing the personal information, as defined, or image, or a reproductive health services patient, provider, or assistant, as defined, without that person’s consent and with the above-specified intent.
Existing law makes it a misdemeanor, punishable by up to 6 months in a county jail, a fine of not more than $2,500, or both that fine and imprisonment, to post the home address, telephone number, or personally identifying information about a provider, employee, volunteer, or patient of a reproductive health service facility or other individuals residing at the same home address with the intent that another person imminently use that
information to commit a crime involving violence or a threat of violence against that person or entity. If the violation leads to bodily injury of the person, existing law makes it a misdemeanor punishable by up to one year in a county jail, a fine of up to $5,000, or both that crime and imprisonment.
This bill would make it a crime to post personal information or an image of a provider, employee, volunteer, or patient and would increase the penalty to either imprisonment in a county jail for either one year or 16 months or 2 or 3 years, a fine of up to $10,000, or both that fine and imprisonment, and would make violation a felony if bodily injury occurs. By increasing the penalty for a crime, this bill would impose a state-mandated local program.
(2) Existing law, the California Freedom of Access to Clinic and Church Entrances Act (the Act), prohibits specified actions that, by force, threat of force,
or physical obstruction, impede access to reproductive health services facilities, as defined.
This bill would also make it a crime, within 100 feet of the entrance to or within a reproductive health services facility, to intentionally videotape, film, photograph, or record by electronic means a reproductive health services patient, provider, or assistant, as defined, because of that status or in order to intimidate a person or entity, or a class of persons or entities, from becoming or remaining a reproductive health services patient, provider, or assistant. The bill would also make it a crime to intentionally disclose or distribute material obtained in violation of that provision to intimidate a person or entity, or a class of persons or entities, from becoming or remaining a reproductive health services patient, provider, or assistant.
Existing law specifies the penalties for violation of the Act, including imprisonment
as a misdemeanor and specified fines.
This bill would increase the penalties for the existing crimes, including making some instances a felony and increasing fines, and would establish the same penalties for the newly added crimes described. By increasing the penalty for a crime, this bill would impose a state-mandated local program.
(3) Existing law, the Reproductive Rights Law Enforcement Act, requires the Attorney General to carry out certain functions relating to anti-reproductive-rights crimes in consultation with, among others, subject matter experts, and requires the Commission on the Status of Women and Girls to convene an advisory committee that consists of members of the organizations identified as subject matter experts. Existing law requires the advisory committee to make 2 reports to specified legislative entities, the Commission on Peace Officer Standards and Training (POST), and the
Commission on the Status of Women and Girls, the first by December 31, 2007, and the 2nd by December 31, 2011, to evaluate the implementation of the act and making recommendations.
This bill would require the advisory council to make 2 additional reports, the first by December 31, 2024, and the 2nd by December 31, 2029, for the same purposes.
Existing law requires POST to develop a 2-hour telecourse on anti-reproductive-rights crimes and make the telecourse available to all California law enforcement agencies and to the advisory committee.
This bill would also require the commission to keep the telecourse updated and to provide the updated course to the prescribed entities.
(4) 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.
Existing law prohibits a person, business, or association from knowingly publicly posting or displaying on the internet the home address or home telephone number of a provider, employee, volunteer, or patient of a reproductive health care services facility, or of persons residing at the same home address as a provider, employee, volunteer, or patient of a reproductive health services facility, with the intent to incite a 3rd person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, where the 3rd person is likely to commit this harm, or to threaten the person identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for the person’s or coresident’s personal safety. Existing law establishes a cause of action for
damages and declaratory relief for violations.
This bill would make technical, nonsubstantive changes to those provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 6218 of the Government Code is amended to read:6218.
(a) (1)(A) Incite a third person to cause imminent great bodily harm to the person reproductive
health care services patient, provider, or assistant and
identified in the posting or display, or to a coresident of that person, where the third person is likely to commit this harm.
(B) Threaten the person reproductive health care services patient, provider, or assistant identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for his or her their personal safety.
(2) A provider, employee, volunteer, or patient of a reproductive health services facility whose home address, home telephone number, or image
reproductive health care services patient, provider, or assistant whose personal information is made public as a result of a violation of paragraph (1) may do either or both of the following:
(A) Bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the successful plaintiff court costs and reasonable attorney’s fees.
(B) 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 shall 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).
(b) (1) No A person, business, or association shall not publicly post or publicly display on the Internet the home address or home telephone number of any provider, employee, volunteer, or patient of a reproductive health services facility display, disclose, or distribute, in any manner or in any forum, including, but not limited to, internet websites and social media, the personal information or image of a reproductive health services patient, provider, or assistant
if that individual or someone acting on their behalf has made a written
demand of that person, business, or association to not disclose his or her home address or home telephone number. the personal information or image. A demand made under this paragraph shall include a sworn statement declaring that the person 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, based on a violation of subdivision (a). A written
demand made under this paragraph shall be effective for four years, regardless of whether or not the individual’s affiliation with a reproductive health services facility has expired prior to the end of the four-year period.
(2) A provider, employee, volunteer, or patient of a reproductive health services facility whose home address or home telephone number reproductive health care services patient, provider, or assistant whose personal information or image is made public as a result of a failure to honor a demand made pursuant to paragraph (1) may bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it may grant injunctive or declarative
relief and shall award the successful plaintiff court costs and reasonable attorney’s fees.
(3) This subdivision shall does not apply to a person or entity defined in Section 1070 of the Evidence Code.
(c) (1) No A person, business, or association shall not solicit, sell, or trade on the Internet the home address, home telephone number, or image of a provider, employee, volunteer, or patient of a reproductive health services facility
internet the personal information or image of a reproductive health care services patient, provider, or assistant with the intent to do either of the following:
(A) Incite a third person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, where the third person is likely to commit this harm.
(B) Threaten the person identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for his or her their
personal safety.
(2) A provider, employee, volunteer, or patient of a reproductive health services facility whose home address, home telephone number,
reproductive health care services patient, provider, or assistant whose personal information or image is solicited, sold, or traded in violation of paragraph (1) may bring an action in any court of competent jurisdiction. In addition to any other legal rights and remedies, if a jury or court finds that a violation has occurred, it shall 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).
(d) An interactive computer service or access software provider, as defined in Section 230(f) of Title 47 of the United States Code, shall not be liable under this section unless the service or provider intends to abet or cause bodily harm that is likely to occur or threatens to cause bodily harm to a provider, employee, volunteer, or patient of a reproductive health services facility or any person residing at the same
home address.
(e) Nothing in this section is intended to This section does not preclude punishment under any other provision of law.
SEC. 2.
Section 6218.01 of the Government Code is amended to read:6218.01.
(a) (1)(2) A violation of this subdivision is a misdemeanor punishable by a fine of up to two thousand five hundred dollars ($2,500), ten thousand dollars ($10,000), imprisonment of either up to six months
one year in a county jail,
jail or pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment.
(3) A violation of this subdivision that leads to the bodily injury of the provider, employee, volunteer, or patient of a reproductive health services facility or other individuals residing at the same home address, is a misdemeanor felony punishable pursuant to subdivision (h) of Section 1170 of the Penal Code, by a fine of up to five
fifty
thousand dollars ($5,000), imprisonment of up to one year in a county jail,
($50,000), or by both that fine and imprisonment.
(b) Nothing in this section shall This section does not preclude prosecution under any other provision of law.
SEC. 3.
Section 6218.05 of the Government Code is repealed.For purposes of this chapter, the following terms have the following meanings:
(a)“Reproductive health care services” means health care services relating to the termination of a pregnancy in a reproductive health care services facility.
(b)“Reproductive health care services provider, employee, volunteer, or patient” means a person who obtains, provides, or assists, at the request of another person, in obtaining or providing reproductive health care services, or a person who owns or operates a reproductive health care services facility.
(c)“Reproductive health care services facility” includes a hospital, an office operated by a licensed physician and surgeon, a licensed clinic or a clinic exempt from licensure, or other licensed health care facility that provides reproductive health care services and includes only the building or structure in which the reproductive health care services are actually provided.
(d)“Publicly post” or “publicly display” means to intentionally communicate or otherwise make available to the general public.
(e)“Image” includes, but is not limited to, any photograph, video footage, sketch, or computer-generated image that provides a means to visually identify the person depicted.
SEC. 4.
Section 6218.05 is added to the Government Code, to read:6218.05.
For purposes of this chapter, the following definitions apply:(a) “Image” includes, but is not limited to, a photograph, video footage, sketch, or computer-generated image that provides a means to visually identify the person depicted.
(b) “Personal information” means information that identifies, relates to, describes, or is capable of being associated with, a reproductive health services patient, provider, or assistant, including, but not limited to, their name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, license plate number, employment, employment history, and
financial information. “Personal information” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
(c) “Publicly post” or “publicly display” means to intentionally communicate or otherwise make available to the general public.
(d) “Reproductive health services” means reproductive health services provided in a hospital, clinic, physician’s office, or other facility and includes medical, surgical, counseling, or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy.
(e) “Reproductive health services facility” includes a hospital, clinic, physician’s office, or other facility that provides or seeks to provide reproductive health services and
includes the building or structure in which the facility is located.
(f) “Reproductive health services patient, provider, or assistant” means a person or entity, including but not limited to employees, staff, volunteers, and third-party vendors, that is or was involved in obtaining, seeking to obtain, providing, seeking to provide, or assisting or seeking to assist another person, at that other person’s request, to obtain or provide any services in a reproductive health services facility, or a person or entity that is or was involved in owning or operating or seeking to own or operate a reproductive health services facility.
(g) “Social media” means an electronic service or account, or electronic content, including, but not limited to, videos or still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or internet website
profiles or locations.
SEC. 5.
Section 423.1 of the Penal Code is amended to read:423.1.
The following definitions apply for the purposes of this title:(a) “Crime of violence” means an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another.
(b) “Interfere with” means to restrict a person’s freedom of movement.
(c) “Intimidate” means to place a person in reasonable apprehension of bodily harm to herself or himself self or to another.
(d) “Nonviolent” means conduct that would not constitute a crime of violence.
(e) “Physical obstruction” means rendering ingress to or egress from a reproductive health services facility or to or from a place of religious worship impassable to another person, or rendering passage to or from a reproductive health services facility or a place of religious worship unreasonably difficult or hazardous to another person.
(f) “Reproductive health services” means reproductive health services provided in a hospital, clinic, physician’s office, or other facility and includes medical, surgical, counseling, or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy.
(g) “Reproductive
health services client, patient, provider, or assistant” means a person or entity
entity, including, but not limited to, employees, staff, volunteers, and third-party vendors, that is or was involved in obtaining, seeking to obtain, providing, seeking to provide, or assisting or seeking to assist another person, at that other person’s request, to obtain or provide any services in a reproductive health services facility, or a person or entity that is or was involved in owning or operating or seeking to own or operate, a reproductive health services facility.
(h) “Reproductive health services facility” includes a hospital, clinic, physician’s office, or other facility that provides or seeks to provide reproductive health services and includes the building or structure in which the facility is located.
SEC. 6.
Section 423.2 of the Penal Code is amended to read:423.2.
Every person who, except a parent or guardian acting towards(a) By force, threat of force, or physical obstruction that is a crime of violence, intentionally injures, intimidates, interferes with, or attempts to injure, intimidate, or interfere with, any a
person or entity because that person or entity is a reproductive health services client, patient, provider, or assistant, or in order to intimidate any a person or entity, or any a class of persons or entities, or from becoming or remaining a reproductive health services client,
patient, provider, or assistant.
(b) By force, threat of force, or physical obstruction that is a crime of violence, intentionally injures, intimidates, interferes with, or attempts to injure, intimidate, or interfere with any a person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship.
(c) By nonviolent physical obstruction, intentionally injures, intimidates, or interferes with, or attempts to injure, intimidate, or interfere with, any
a person or entity because that person or entity is a reproductive health services client, patient, provider, or assistant, or in order to intimidate any a person or entity, or any a class of persons or entities, from becoming or remaining a reproductive health services client,
patient, provider, or assistant.
(d) By nonviolent physical obstruction, intentionally injures, intimidates, or interferes with, or attempts to injure, intimidate, or interfere with, any a person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship.
(e) Intentionally damages or destroys the property of a person, entity, or facility, or attempts to do so, because the person, entity, or facility is a reproductive health services client,
patient, provider, assistant, or facility.
(f) Intentionally damages or destroys the property of a place of religious worship.
(g) Within 100 feet of the entrance to, or within, a reproductive health services facility, intentionally videotapes, films, photographs, or records by electronic means, a reproductive health services patient, provider, or assistant without that person’s consent because that person or entity is a reproductive health services patient, provider, or assistant, or in order to intimidate a person or entity, or a class of persons or entities, from becoming or remaining a reproductive health services patient, provider, or assistant.
(h) In any manner or forum, including, but
not limited to, internet websites and social media, intentionally discloses or distributes a videotape, film, photograph, or recording obtained in violation of subdivision (g) with the intent of intimidating a person or entity, or a class of persons of entities, from becoming or remaining a reproductive health services patient, provider, or assistant. For purposes of this subdivision, “social media” means an electronic service or account, or electronic content, including, but not limited to, videos or still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or internet website profiles or locations.
SEC. 7.
Section 423.3 of the Penal Code is amended to read:423.3.
(a) A first violation of subdivision(b) A second or subsequent violation of subdivision (c) or (d) (c), (d), (g), or (h) of Section 423.2 is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than six months and
pursuant to subdivision (h) of Section 1170, a fine not to exceed five twenty thousand dollars ($5,000). ($20,000), or by both that fine and imprisonment.
(c) A first violation of subdivision (a), (b), (e), or (f) of Section 423.2 is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year and
pursuant to subdivision (h) of Section 1170, a fine not to exceed twenty-five thousand dollars ($25,000). ($25,000), or by both that fine and imprisonment.
(d) A second or subsequent violation of subdivision (a), (b), (e), or (f) of Section 423.2 is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year and pursuant to subdivision (h) of Section 1170, a fine not to exceed fifty thousand dollars ($50,000).
($50,000), or by both that fine and imprisonment.
(e) In imposing fines pursuant to this section, the court shall consider applicable factors in aggravation and mitigation set out in Rules 4.421 and 4.423 of the California Rules of Court, and shall consider a prior violation of the federal Freedom of Access to Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248), or a prior violation of a statute of another jurisdiction that would constitute a violation of Section 423.2 or of the federal Freedom of Access to Clinic Entrances Act of 1994, to be a prior violation of Section 423.2.
(f) This title establishes concurrent state jurisdiction over conduct that is also prohibited by the federal Freedom of Access to Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248), which provides for more severe misdemeanor penalties for first violations and felony-misdemeanor
penalties for second and subsequent violations. 248). State law enforcement agencies and prosecutors shall cooperate with federal authorities in the prevention, apprehension, and prosecution of these crimes, and shall seek federal prosecutions when appropriate.
(g) No A person shall not be convicted under this article for conduct in violation of Section 423.2 that was done on a particular occasion where the identical conduct on that occasion was the basis for a conviction of that person under the federal Freedom of Access to Clinic
Entrances Act of 1994 (18 U.S.C. Sec. 248).
SEC. 8.
Section 13776 of the Penal Code is amended to read:13776.
The following definitions apply for the purposes of this title:(a) “Anti-reproductive-rights crime” means a crime committed partly or wholly because the victim is a reproductive health services client, patient, provider, or assistant, or a crime that is partly or wholly intended to intimidate the victim, any other person or entity, or any a class of persons or entities from becoming or remaining a
reproductive health services client,
patient, provider, or assistant. “Anti-reproductive-rights crime” includes, but is not limited to, a violation of subdivision (a) or (c) (a), (c), (g), or (h) of Section 423.2.
(b) “Subject matter experts” includes, but is not limited to, the Commission on the Status of Women and Girls, law enforcement agencies experienced with anti-reproductive-rights crimes, including the Attorney General and the Department of Justice, and organizations such as the American Civil Liberties Union, the American College of Obstetricians and Gynecologists, the American Academy of Family Physicians, the California Council of Churches, the California Medical Association, the Feminist Majority Foundation, NARAL Pro-Choice California,
the National Abortion Federation, the California National Organization for Women, the Planned Parenthood Federation of America, Planned Parenthood Affiliates of California, and the Women’s Health Specialists clinic that represent reproductive health services clients, providers, and assistants.
(c) “Crime of violence,” “nonviolent,” “reproductive health services;” “reproductive health services client, patient, provider, or assistant;” and “reproductive health services facility” each has the same meaning as set forth in Section 423.1.
SEC. 9.
Section 13777.2 of the Penal Code is amended to read:13777.2.
(a) The Commission on the Status of Women and Girls shall convene an advisory committee consisting of one person appointed by the Attorney General and one person appointed by each of the organizations named in subdivision (b) of Section 13776 that chooses to appoint a member, and any other subject matter experts the commission(b) The advisory committee shall make two reports, the first by December 31, 2007,
2024, and the second by December 31, 2011, 2029, to the Committees on Health, Judiciary, and Public Safety of the Senate and Assembly, to the Attorney General, the Commission on Peace Officer Standards and Training, and the Commission on the Status of Women and Girls. The reports shall evaluate the implementation of Chapter 899 of the Statutes of 2001 and any subsequent amendments made to this title and the effectiveness of the plan developed by the Attorney General pursuant to paragraph (4) of subdivision (a) of Section 13777. The reports shall also include recommendations concerning whether the Legislature should extend or repeal the sunset dates in Section 13779, recommendations regarding any
other legislation,
legislation and recommendations for any other actions by the Attorney General, Commission on Peace Officer Standards and Training, or the Commission on the Status of Women and Girls.
(c) The Commission on the Status of Women and Girls shall transmit the reports of the advisory committee to the appropriate committees of the Legislature, including, but not limited to, the Committees on Health, Judiciary, and Public Safety in the Senate and Assembly, and shall make the reports available to the public, including by posting them on the Commission on the Status of Women and Girls’ Internet Web site. internet website.
To avoid production and distribution costs, the Commission on the Status of Women and Girls may submit the reports electronically or as part of any other report that the Commission on the Status of Women and Girls submits to the Legislature.
(d) The Commission on Peace Officer Standards and Training shall make the most updated version of the telecourse that it produced in 2002 pursuant to subdivision (a) of Section 13778 available to the advisory committee. However, before providing the updated telecourse to the advisory committee or otherwise making it public, the commission shall remove the name and face of any person who appears in the telecourse as originally produced who informs the commission in writing that he or she
the person has a reasonable apprehension that making the telecourse public without the removal will endanger his or her the person’s life or physical safety.
(e) Nothing in this section requires any This section does not require a state agency to pay for compensation, travel, or other expenses of any advisory committee member.
SEC. 10.
Section 13778 of the Penal Code is amended to read:13778.
(a) The Commission on Peace Officer Standards and Training, utilizing available resources, shall develop and keep updated a two-hour telecourse on anti-reproductive-rights crimes and make the telecourse available to all California law enforcement(b) Persons and organizations, including, but
not limited to, subject-matter experts, may make application to the commission, as outlined in Article 3 (commencing with Section 1051) of Division 2 of Title 11 of the California Code of Regulations, for certification of a course designed to train law enforcement officers to carry out the legislative intent expressed in paragraph (1) of subdivision (d) of Section 1 of the act that enacts this title in the 2001–02 Regular Session.
(c) In developing the telecourse required by subdivision (a), and in considering any applications pursuant to subdivision (b), the commission, utilizing available resources, shall consult the Attorney General and other subject matter experts, except where a subject matter expert has submitted, or has an interest in, an application pursuant to subdivision (b).
(d) In addition to producing and making available the telecourse described in subdivision (a),
the commission shall update and
distribute, as necessary, training bulletins, via the internet, to law enforcement agencies participating in training offered pursuant to this section.
SEC. 11.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.(a)(1)No person, business, or association shall knowingly publicly post or publicly display on the internet the home address, home telephone number, or image of a provider, employee, volunteer, or patient of a reproductive health services facility or other individuals residing at the same home address with the intent to do either of the following:
(A)Incite a third person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, where the third person is likely to commit this harm.
(B)Threaten the person identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for the person’s or coresident’s personal safety.
(2)A provider, employee, volunteer, or patient of a reproductive health services facility whose home address, home telephone number, or image is made public as a result of a violation
of paragraph (1) may do either or both of the following:
(A)Bring an action seeking injunctive or declarative relief in a court of competent jurisdiction. If a jury or court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the successful plaintiff court costs and reasonable attorney’s fees.
(B)Bring an action for money damages in a 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 shall 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).
(b)(1)A person, business, or association shall not publicly post or publicly display on the internet the home address or home telephone number of
a provider, employee, volunteer, or patient of a reproductive health services facility if that individual has made a written demand of that person, business, or association to not disclose
the individual’s home address or home telephone number. A demand made under this paragraph shall include a sworn statement declaring that the person 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, based on a violation of subdivision (a). A written demand made under this paragraph shall be effective for four years, regardless of whether or not the individual’s affiliation with a reproductive health services facility has expired prior to the end of the four-year period.
(2)A provider, employee, volunteer, or patient of a reproductive health services facility whose home address or home telephone number is made public as a result of a failure to honor a demand made pursuant to paragraph (1) may bring an action seeking injunctive or declarative relief in
a court of competent jurisdiction. If a jury or court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the successful plaintiff court costs and reasonable attorney’s fees.
(3)This subdivision shall not apply to a person or entity defined in Section 1070 of the Evidence Code.
(c)(1)A person, business, or association shall not solicit, sell, or trade on the
internet
the home address, home telephone number, or image of a provider, employee, volunteer, or patient of a reproductive health services facility with the intent to do either of the following:
(A)Incite a third person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, where the third person is likely to commit this harm.
(B)Threaten the person identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for the person’s or coresident’s personal safety.
(2)A provider, employee, volunteer, or patient of a reproductive health services facility whose home address, home telephone number, or image is solicited, sold, or traded in violation of paragraph (1) may bring an action in a court of competent jurisdiction. In addition to any other legal rights and remedies, if a jury or court finds that a violation has occurred, it shall 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).
(d)An interactive computer service or access software provider, as defined in Section 230(f) of Title 47 of the United States Code, shall not be liable under this section
unless the service or provider intends to abet or cause bodily harm that is likely to occur or threatens to cause bodily harm to a provider, employee, volunteer, or patient of a reproductive health services facility or any person residing at the same home address.
(e)This section does not preclude punishment under any other law.
