Bill Text: CA SB558 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Reporters' shield law.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-10-03 - Chaptered by Secretary of State. Chapter 519, Statutes of 2013. [SB558 Detail]

Download: California-2013-SB558-Amended.html

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BILL NUMBER: SB 558	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 6, 2013
	AMENDED IN SENATE  MAY 1, 2013

INTRODUCED BY   Senator Lieu

                        FEBRUARY 22, 2013

   An act to amend Section  1094   1986.1 
of the  Unemployment Insurance  Code  of Civil
Procedure  , relating to  unemployment insurance
  reporters  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 558, as amended, Lieu.  Unemployment insurance:
Employment Development Department.   Reporters' shield
law   .  
   The reporter's shield law contained in the California Constitution
prohibits a publisher, editor, reporter, or other person connected
with or employed by a newspaper, magazine, or other periodical
publication, or by a press association or wire service, from being
held in contempt for refusing to disclose the source of any
information procured for publication while so connected or employed.
The law also prohibits any of those persons from being held in
contempt for refusing to disclose any unpublished information
obtained or prepared in gathering, receiving, or processing
information for communication to the public.  
   Existing statutory law prohibits any testimony or other evidence
given by a journalist under subpoena in a civil or criminal
proceeding from being construed as a waiver of the immunity rights
provided by the reporter's shield law. Existing law requires that,
except in exigent circumstances, a journalist who is subpoenaed in
any civil or criminal proceeding be given at least 5 days' notice by
the party issuing the subpoena that his or her appearance will be
required, and requires a court that holds a journalist in contempt in
a criminal proceeding to set forth specified findings regarding the
information sought.  
   This bill, in addition, would require that, except in exigent
circumstances, a body issuing a subpoena in any civil or criminal
proceeding to a third party that seeks the records of a journalist to
provide notice of the subpoena to the journalist and the publisher
of the newspaper, magazine, or other publication or station
operations manager of the broadcast station that employs or contracts
with the journalist, as applicable, at least 5 days prior to issuing
the subpoena. The bill would require the body issuing the subpoena
to include in the notice, at a minimum, an explanation of why the
requested records will be of material assistance to the party seeking
them and why alternate sources of information are not sufficient to
avoid the need for the subpoena.  
   Under existing law, information obtained by the Employment
Development Department in the administration of unemployment
insurance laws is confidential, subject to specified exceptions,
including authorizing an employee or the employee's representative to
receive the employee's wage information upon the employee's written
request.  
   This bill would authorize an employee to make that request in a
form other than writing if permitted by the Director of Employment
Development. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1986.1 of the   Code
of Civil Procedure   is amended to read: 
   1986.1.  (a) No testimony or other evidence given by a journalist
under subpoena in a civil or criminal proceeding may be construed as
a waiver of the immunity rights provided by subdivision (b) of
Section 2 of Article I of the California Constitution.
   (b)  (1)    Because important constitutional
rights of a third-party witness are adjudicated when rights under
subdivision (b) of Section 2 of Article I of the California
Constitution are asserted, except in exigent circumstances  ,
 a journalist who is subpoenaed in any civil or criminal
proceeding shall be given at least five days' notice by the party
issuing the subpoena that his or her appearance will be required.

   (2) To protect against the inadvertent disclosure by a third party
of information protected by Section 2 of Article I of the California
Constitution, a body issuing a subpoena in any civil or criminal
proceeding to a third party that seeks the records of a journalist
shall, except in exigent circumstances, provide notice of the
subpoena to the journalist and the publisher of the newspaper,
magazine, or other publication or station operations manager of the
broadcast station that employs or contracts with the journalist, as
applicable, at least five days prior to issuing the subpoena. The
body issuing the subpoena shall include in the notice, at a minimum,
an explanation of why the requested records will be of material
assistance to the party seeking them and why alternate sources of
information are not sufficient to avoid the need for the subpoena.

   (c) If a trial court holds a journalist in contempt of court in a
criminal proceeding notwithstanding subdivision (b) of Section 2 of
Article I of the California Constitution, the court shall set forth
findings, either in writing or on the record, stating at a minimum,
why the information will be of material assistance to the party
seeking the evidence, and why alternate sources of the information
are not sufficient to satisfy the defendant's right to a fair trial
under the Sixth Amendment to the United States Constitution and
Section 15 of Article I of the California Constitution.
   (d) As used in this section, "journalist" means the persons
specified in subdivision (b) of Section 2 of Article I of the
California Constitution. 
  SECTION 1.    Section 1094 of the Unemployment
Insurance Code is amended to read:
   1094.  (a) Except as otherwise specifically provided in this code,
the information obtained in the administration of this code is
confidential, not open to the public, and shall be for the exclusive
use and information of the director in the discharge of his or her
duties.
   (b) The information released to authorized entities pursuant to
other provisions of the code shall not be admissible in evidence in
any action or special proceeding, other than one arising out of the
provisions of this code or one described in Section 1095.
   (c) The information may be tabulated and published in statistical
form for use by federal, state, and local governmental departments
and agencies, and the public, except that the name of the employing
unit or of any worker shall never be divulged in the course of the
tabulation or publication.
   (d) Wages, as defined by Section 13009, and amounts required to be
deducted and withheld under Section 13020 shall not be disclosed
except as provided in Article 2 (commencing with Section 19542) of
Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation
Code.
   (e) An employee or his or her representative may receive the
employee's wage information upon written request by the employee. An
employee may make that request in a form other than writing if
permitted by the director. The information shall be provided without
charge.
   (f) A person who knowingly accesses, uses, or discloses any
confidential information without authorization is in violation of
this section and is guilty of a misdemeanor.