Bill Text: CA SB830 | 2009-2010 | Regular Session | Chaptered
Bill Title: Recording crimes.
Spectrum: Slight Partisan Bill (Democrat 10-5)
Status: (Passed) 2010-09-29 - Chaptered by Secretary of State. Chapter 480, Statutes of 2010. [SB830 Detail]
Download: California-2009-SB830-Chaptered.html
BILL NUMBER: SB 830 CHAPTERED
BILL TEXT
CHAPTER 480
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2010
APPROVED BY GOVERNOR SEPTEMBER 29, 2010
PASSED THE SENATE AUGUST 27, 2010
PASSED THE ASSEMBLY AUGUST 23, 2010
AMENDED IN ASSEMBLY AUGUST 17, 2010
AMENDED IN ASSEMBLY AUGUST 2, 2010
AMENDED IN ASSEMBLY MARCH 8, 2010
AMENDED IN ASSEMBLY SEPTEMBER 3, 2009
AMENDED IN ASSEMBLY JULY 24, 2009
INTRODUCED BY Senator Wright
(Coauthors: Assembly Members Hagman and Portantino)
MARCH 19, 2009
An act to amend Section 653w of the Penal Code, relating to
intellectual property.
LEGISLATIVE COUNSEL'S DIGEST
SB 830, Wright. Recording crimes.
Existing law provides that a person is guilty of failure to
disclose the origin of a recording or audiovisual work if, for
commercial advantage or private financial gain, he or she advertises,
sells, rents, manufactures, or possesses for those purposes, a
recording or audiovisual work that does not disclose the name of the
manufacturer, author, artist, performer, or producer, as specified.
Failure to disclose the origin of a recording or audiovisual work is
punishable by imprisonment in a county jail, imprisonment in the
state prison, or a fine, or by both imprisonment and fine, as
specified, depending on the number of articles of audio recordings or
audiovisual works involved, and whether the offense is a first
offense or a 2nd or subsequent offense. Existing law defines
"recording" for the purpose of these provisions to mean any tangible
medium upon which information or sounds are recorded or otherwise
stored, including any phonograph record, disc, tape, audio cassette,
wire, film, or other medium on which information or sounds are
recorded or stored, but does not include sounds accompanying a motion
picture or other visual work. Existing law defines "audiovisual
works" as the physical embodiment of works that consist of related
images that are intrinsically intended to be shown using machines or
devices such as projectors, viewers, or electronic equipment,
together with accompanying sounds, if any, regardless of the nature
of the material objects such as films or tapes on which the works are
embodied.
This bill would expand the definition of "recording" for the
purposes of the above provisions to expressly include, but not be
limited to, a memory card, flash drive, hard drive, or data storage
device. This bill would, for purposes of the definition of
"audiovisual works," add discs, memory cards, flash drives, hard
drives, or data storage devices, or other devices to films and tapes
as examples of material objects on which the works may be embodied.
By expanding the scope of an existing crime, this bill would mandate
a state-mandated local program.
This bill would incorporate changes to Section 653w of the Penal
Code proposed by AB 819, contingent on the prior enactment of that
bill.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 653w of the Penal Code is amended to read:
653w. (a) A person is guilty of failure to disclose the origin of
a recording or audiovisual work if, for commercial advantage or
private financial gain, he or she knowingly advertises or offers for
sale or resale, or sells or resells, or causes the rental, sale or
resale, or rents, or manufactures, or possesses for these purposes,
any recording or audiovisual work, the outside cover, box, jacket, or
label of which does not clearly and conspicuously disclose the
actual true name and address of the manufacturer thereof and the name
of the actual author, artist, performer, producer, programmer, or
group thereon. This section does not require the original
manufacturer or authorized licensees of software producers to
disclose the contributing authors or programmers.
As used in this section, "recording" means any tangible medium
upon which information or sounds are recorded or otherwise stored,
including, but not limited to, any phonograph record, disc, tape,
audio cassette, wire, film, memory card, flash drive, hard drive,
data storage device, or other medium on which information or sounds
are recorded or otherwise stored, but does not include sounds
accompanying a motion picture or other audiovisual work.
As used in this section, "audiovisual works" are the physical
embodiment of works that consist of related images that are
intrinsically intended to be shown using machines or devices, such as
projectors, viewers, or electronic equipment, together with
accompanying sounds, if any, regardless of the nature of the material
objects, such as films, tapes, discs, memory cards, flash drives,
hard drives, data storage device, or other devices, on which the
works are embodied.
(b) Any person who has been convicted of a violation of
subdivision (a) shall be punished as follows:
(1) If the offense involves the advertisement, offer for sale or
resale, sale, rental, manufacture, or possession for these purposes,
of at least 100 articles of audio recordings or 100 articles of
audiovisual works described in subdivision (a), the person shall be
punished by imprisonment in a county jail not to exceed one year, or
by imprisonment in the state prison for two, three, or five years, or
by a fine not to exceed two hundred fifty thousand dollars
($250,000), or by both.
(2) Any other violation of subdivision (a) not described in
paragraph (1), shall, upon a first offense, be punished by
imprisonment in a county jail not to exceed one year, or by a fine
not to exceed twenty-five thousand dollars ($25,000), or by both.
(3) A second or subsequent conviction under subdivision (a) not
described in paragraph (1), shall be punished by imprisonment in a
county jail not to exceed one year or in the state prison, or by a
fine not to exceed one hundred thousand dollars ($100,000), or by
both.
SEC. 1.5. Section 653w of the Penal Code is amended to read:
653w. (a) A person is guilty of failure to disclose the origin of
a recording or audiovisual work if, for commercial advantage or
private financial gain, he or she knowingly advertises or offers for
sale or resale, or sells or resells, or causes the rental, sale, or
resale of, or rents, or manufactures, or possesses for these
purposes, any recording or audiovisual work, the outside cover, box,
jacket, or label of which does not clearly and conspicuously disclose
the actual true name and address of the manufacturer thereof and the
name of the actual author, artist, performer, producer, programmer,
or group thereon. This section does not require the original
manufacturer or authorized licensees of software producers to
disclose the contributing authors or programmers.
As used in this section, "recording" means any tangible medium
upon which information or sounds are recorded or otherwise stored,
including, but not limited to, any phonograph record, disc, tape,
audio cassette, wire, film, memory card, flash drive, hard drive,
data storage device, or other medium on which information or sounds
are recorded or otherwise stored, but does not include sounds
accompanying a motion picture or other audiovisual work.
As used in this section, "audiovisual works" are the physical
embodiment of works that consist of related images that are
intrinsically intended to be shown using machines or devices, such as
projectors, viewers, or electronic equipment, together with
accompanying sounds, if any, regardless of the nature of the material
objects, such as films, tapes, discs, memory cards, flash drives,
hard drives, data storage devices, or other devices, on which the
works are embodied.
(b) Any person who has been convicted of a violation of
subdivision (a) shall be punished as follows:
(1) If the offense involves the advertisement, offer for sale or
resale, sale, rental, manufacture, or possession for these purposes,
of at least 100 articles of audio recordings or 100 articles of
audiovisual works described in subdivision (a), the person shall be
punished by imprisonment in a county jail not to exceed one year, or
by imprisonment in the state prison for two, three, or five years, or
by a fine not to exceed five hundred thousand dollars ($500,000), or
by both.
(2) Any other violation of subdivision (a) not described in
paragraph (1), shall, upon a first offense, be punished by
imprisonment in a county jail not to exceed one year, or by a fine
not to exceed fifty thousand dollars ($50,000), or by both.
(3) A second or subsequent conviction under subdivision (a) not
described in paragraph (1), shall be punished by imprisonment in a
county jail not to exceed one year or in the state prison, or by a
fine not to exceed two hundred thousand dollars ($200,000), or by
both.
SEC. 2. Section 1.5 of this bill incorporates amendments to
Section 653w of the Penal Code proposed by this bill and AB 819. It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2011, (2) each bill amends Section
653w of the Penal Code, and (3) this bill is enacted after AB 819, in
which case Section 653w of the Penal Code, as amended by AB 819,
shall remain operative only until the operative date of this bill, at
which time Section 1.5 of this bill shall become operative, and
Section 1 of this bill shall not become operative.
SEC. 3. 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.
