Bill Text: CA SB629 | 2019-2020 | Regular Session | Amended

California Senate Bill 629 (Prior Session Legislation)

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

Bill Title: Public peace: media access.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Vetoed) 2020-09-30 - In Senate. Consideration of Governor's veto pending. [SB629 Detail]

Download: California-2019-SB629-Amended.html

Amended IN Assembly July 28, 2020

Amended IN Assembly June 25, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 629

Introduced by Senators McGuire, Hill, and Hertzberg
(Principal coauthor: Senator Wiener)
(Coauthors: Senators Dodd, Lena Gonzalez, Portantino, and Skinner)
(Coauthor: Assembly Member Wicks)

February 22, 2019

An act to add Section 409.7 to the Penal Code, relating to public safety.

LEGISLATIVE COUNSEL'S DIGEST

SB 629, as amended, McGuire. Public peace: media access.

Existing law makes every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined, in the discharge or attempt to discharge any duty of the office or employment, when no other punishment is prescribed, guilty of a misdemeanor. Existing law also authorizes specified peace officers to close an area where a menace to the public health or safety is created by a calamity and to close the immediate area surrounding any emergency field command post or other command post activated for the purpose of abating a calamity, riot, or other civil disturbance, as specified. Existing law makes any unauthorized person who willfully and knowingly enters those areas and who remains in the area after receiving notice to evacuate or leave guilty of a misdemeanor. Existing law exempts a duly authorized representative of any news service, newspaper, or radio or television station or network from the provisions prohibiting entry into the closed areas, as specified.

This bill ~~would authorize, in the event of~~ would, if peace officers close the immediate area surrounding any emergency field command post or establish any other command post, police line, or rolling closure at a demonstration, march, protest, or rally where individuals are engaged primarily in constitutionally protected activity, as described, specified peace officers to close the immediate area surrounding any emergency field command post or to establish any other command post, police line, or rolling closure. The bill would make any unauthorized person who willfully and knowingly enters that area and who willfully remains within the area after receiving notice to evacuate or leave guilty of a misdemeanor. The bill would authorize require that a duly authorized representative of any news service, online news service, newspaper, or radio or television station or network, as described, be allowed to enter those closed areas and would ~~make any~~ prohibit a peace officer or other law enforcement officer ~~who intentionally assaults, interferes with, or obstructs the~~ from intentionally assaulting, interfering with, or obstructing a duly authorized representative who is gathering, receiving, or processing information for communication to the ~~public guilty of a misdemeanor.~~ public. The bill would also prohibit a duly authorized representative who is ~~authorized or permitted to be~~ in a closed area from being cited for the failure to disperse, a violation of a curfew, or a violation of other, specified law. The bill would require that if a representative is detained by a peace officer or other law enforcement officer, the representative be permitted to contact a supervisory officer immediately for the purpose of challenging the detention. For purposes of this bill, a duly authorized representative would be a person who appears to be engaged in gathering, receiving, or processing information, who produces a business card, press badge, other similar credential, or who is carrying professional broadcasting or recording equipment.

~~By creating new crimes, the bill would impose a state-mandated local program.~~
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.~~

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

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

SECTION 1.

Section 409.7 is added to the Penal Code, to read:

409.7.
(a)(1)In the event of a demonstration, march, protest, or rally where individuals are engaged primarily in activity that is protected pursuant to the First Amendment to the United States Constitution or Article I of the California Constitution, officers of the Department of the California Highway Patrol, police departments, marshal’s office or sheriff’s office, officers of the Department of Fish and Wildlife designated as peace officers by subdivision (e) of Section 830.2, or officers of the Department of Forestry and Fire Protection designated as peace officers by subdivision (g) of Section 830.2, may

409.7.

(a) If peace officers, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, close the immediate area surrounding any emergency field command post or ~~may~~ establish any other command post, police line, or rolling ~~closure.~~ closure at a demonstration, march, protest, or rally where individuals are engaged in activity that is protected pursuant to the First Amendment to the United States Constitution or Article I of the California Constitution, the following requirements shall apply:

(2)Any unauthorized person who willfully and knowingly enters an area closed pursuant to this subdivision and who willfully remains within the area after receiving notice to evacuate or leave is guilty of a misdemeanor.
~~(b)(1)~~

(1) A duly authorized representative of any news service, online news service, newspaper, or radio or television station or network may enter ~~areas closed pursuant to subdivision (a).~~ the closed areas described in this section.

(2) ~~Any~~ A peace officer or other law enforcement officer ~~who intentionally assaults, interferes with, or obstructs~~ shall not intentionally assault, interfere with, or obstruct the duly authorized representative of any news service, online news service, newspaper, or radio or television station or network who is gathering, receiving, or processing information for communication to the ~~public is guilty of a misdemeanor.~~ public.

(3) A duly authorized representative of any news service, online news service, newspaper, or radio or television station or network that is ~~authorized or permitted to be in an area closed pursuant to this section~~ in a closed area described in this section shall not be cited for the failure to disperse, a violation of a curfew, or a violation of paragraph (1) of subdivision (a) of Section 148. If the duly authorized representative is detained by a peace officer or other law enforcement officer, that representative shall be permitted to contact a supervisory officer immediately for the purpose of challenging the detention, unless circumstances make it impossible to do so.

~~(c)There is a presumption that any~~

(b) For purposes of this section, a person who appears to be engaged in gathering, receiving, or processing information, who produces a business card, press badge, other similar credential, or who is carrying ~~a recording device, including~~ professional broadcasting or recording equipment, is a duly authorized representative of a news service, online news service, newspaper, or radio or television station or network.

~~(d)~~

(c) This section does not prevent a law enforcement officer from enforcing other applicable laws if the person is engaged in activity that is ~~otherwise~~ unlawful.

SEC. 2.
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.