Bill Text: CA SB1095 | 2019-2020 | Regular Session | Amended


Bill Title: In-vehicle cameras.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-03-25 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. [SB1095 Detail]

Download: California-2019-SB1095-Amended.html

Amended  IN  Senate  March 25, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1095


Introduced by Senator Wieckowski

February 19, 2020


An act to amend Section 22948.20 of amend the heading of Chapter 35 (commencing with Section 22948.20) of Division 8 of, to amend and renumber Sections 22948.22, 22948.23, 22948.24, and 22948.25 of, and to amend, renumber, and add Section 22948.21 of, the Business and Professions Code, relating to business.


LEGISLATIVE COUNSEL'S DIGEST


SB 1095, as amended, Wieckowski. Connected televisions.In-vehicle cameras.
Existing law, among other things, prohibits a person or entity from providing the operation of a voice recognition feature within this state without prominently informing, during the initial setup or installation of a connected television, either the user or the person designated by the user to perform the initial setup or installation of the connected television. Existing law limits the liability of a manufacturer to functionality provided at the time of the original sale of a connected television and specifically excludes liability for functionality provided by an application that the user chooses to use in the cloud or an application that is downloaded and installed by a user. Existing law prohibits a person or entity from compelling a manufacturer or other entity providing the operation of a voice recognition feature to build specific features for the purpose of allowing an investigative or law enforcement officer to monitor communications through that feature. Existing law also provides that actions for relief pursuant to these provisions are to be prosecuted exclusively in a court of competent jurisdiction in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney.
This bill would extend the above-described requirements and prohibitions to a person or entity providing for the operation of an in-vehicle camera, as defined. The bill would also prohibit any video recording collected or retained through the operation of an in-vehicle camera by the vehicle’s manufacturer from being used for any advertising purposes, shared with, or sold to, a third party, or retained at any location, other than the vehicle itself, unless the user consents, as specified.

This bill would make nonsubstantive changes to the provisions described above that limit the liability of a manufacturer.

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

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


SECTION 1.

 The heading of Chapter 35 (commencing with Section 22948.20) of Division 8 of the Business and Professions Code is amended to read:
CHAPTER  35. Connected Televisions and In-Vehicle Cameras

SEC. 2.

 Section 22948.21 of the Business and Professions Code is amended and renumbered to read:

22948.21.22948.22.
 For purposes of this chapter, the following definitions shall apply:
(a) “Connected television” means a video device designed for home use to receive television signals and reproduce them on an integrated, physical screen display that exceeds 12 inches, except that this term shall not include a personal computer, portable device, or a separate device that connects physically or wirelessly to a television, including, but not limited to, a set-top box, video game console, or digital video recorder.
(b) “In-vehicle camera” means any device included as part of a vehicle by the manufacturer that is designed to, or capable of, recording images inside the cabin of the vehicle.

(b)

(c) “User” means a person who originally purchases, leases, or takes ownership of a connected television. television or vehicle that includes an in-vehicle camera. A person who is incidentally recorded when a voice recognition feature is activated by a user shall not be deemed to be a user.

(c)

(d) “Voice recognition feature” means the function of a connected television that allows the collection, recording, storage, analysis, transmission, interpretation, or other use of spoken words or other sounds, except that this term shall not include voice commands that are not recorded or transmitted beyond the connected television.

SEC. 3.

 Section 22948.21 is added to the Business and Professions Code, to read:

22948.21.
 (a) A person or entity shall not provide for the operation of an in-vehicle camera within this state without prominently informing, during the purchase of the vehicle, either the user or the person designated by the user to purchase the vehicle of its installation.
(b) Any video recording collected or retained by the manufacturer of the vehicle, through the operation of an in-vehicle camera, shall not be any of the following:
(1) Used for any advertising purpose.
(2) Shared with, or sold to, a third party.
(3) Retained at any location, other than the vehicle itself, unless the user first provides affirmative written or electronic consent.
(c) A person or entity shall not compel a manufacturer or other entity providing for the operation of an in-vehicle camera to build in specific features for the purpose of allowing an investigative or law enforcement officer to monitor images through that feature.

SEC. 4.

 Section 22948.22 of the Business and Professions Code is amended and renumbered to read:

22948.22.22948.23.
 Any waiver of the provisions of this chapter is contrary to public policy and void and unenforceable.

SEC. 5.

 Section 22948.23 of the Business and Professions Code is amended and renumbered to read:

22948.23.22948.24.
 (a) Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney. This chapter shall not be deemed to create a private right of action, or limit any existing private right of action.
(b) A court may enjoin a person who knowingly engages, has engaged, or proposes to engage, in a violation of this chapter. The court may make any orders or judgments as may be necessary to prevent a violation of this chapter.
(c) A person who knowingly engages, has engaged, or proposes to engage, in a violation of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each connected television sold or leased leased, or any vehicle sold or leased, in violation of this chapter. If the action is brought by the Attorney General, the penalty shall be deposited into the General Fund. If the action is brought by a district attorney, the penalty shall be paid to the treasurer of the county in which the judgment was entered.

SEC. 6.

 Section 22948.24 of the Business and Professions Code is amended and renumbered to read:

22948.24.22948.25.
 The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of the state.

SEC. 7.

 Section 22948.25 of the Business and Professions Code is amended and renumbered to read:

22948.25.22948.26.
 The provisions of this chapter are severable. If any provision of this chapter or its application are held to be invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SECTION 1.Section 22948.20 of the Business and Professions Code is amended to read:
22948.20.

(a)A person or entity shall not provide the operation of a voice recognition feature within this state without prominently informing, during the initial setup or installation of a connected television, either the user or the person designated by the user to perform the initial setup or installation of the connected television.

(b)Any actual recordings of spoken word collected through the operation of a voice recognition feature by the manufacturer of a connected television for the purpose of improving the voice recognition feature, including, but not limited to, the operation of an accessible user interface for people with disabilities, shall not be sold or used for any advertising purpose.

(c)Any actual recordings of spoken word collected through the operation of a voice recognition feature by a third party contracting with a manufacturer for the purpose of improving the voice recognition feature, including, but not limited to, the operation of an accessible user interface for people with disabilities, shall not be sold or used for any advertising purpose.

(d)A person or entity shall not compel a manufacturer or other entity providing the operation of a voice recognition feature to build specific features for the purpose of allowing an investigative or law enforcement officer to monitor communications through that feature.

(e)A manufacturer shall only be liable for functionality provided at the time of the original sale of a connected television and shall not be liable for functionality provided by an application that the user chooses to use in the cloud or an application that is downloaded and installed by a user.

(f)This chapter shall not apply to any product or service provided by a company covered under Section 637.5 of the Penal Code.

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