Bill Text: CA SB830 | 2009-2010 | Regular Session | Amended

California Senate Bill 830 (Prior Session Legislation)

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

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-Amended.html

BILL NUMBER: SB 830	AMENDED
	BILL TEXT

	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, as amended, 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 2nd 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 device, or other devices to films and tapes
as examples of material objects on which the works my 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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,   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   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
  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   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  two hundred fifty thousand dollars
($250,000)   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  twenty-five thousand dollars ($25,000)
  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  one hundred thousand dollars ($100,000)
  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. 2.   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.