Public peace: media access.
Summary
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, 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, 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 prohibit a peace officer or other law enforcement officer from intentionally assaulting, interfering with, or obstructing a duly authorized representative who is gathering, receiving, or processing information for communication to the public. The bill would also prohibit a duly authorized representative who is 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.
Bill status
vetoed
4 of 5 stages cleared
Introduction
Feb 2019
Committee Review
Aug 2020
Senate Passage
May 2019
Assembly Passage
Aug 2020
Vetoed
Sep 2020
Introduced Feb 22, 2019
Vetoed Sep 30, 2020
Floor votes · Senate May 9, 2019 · Assembly Aug 31, 2020
How they voted
34–0
Passed
Total votes 34
May 9, 2019
D
Democratic26
100% Yea
R
Republican8
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
26
Key actions
9
Committee
8
Amendments
2
Sep 30, 2020
Vetoed
In Senate. Consideration of Governor's veto pending.
upper
Sep 30, 2020
Vetoed
Vetoed by the Governor.
upper
Aug 31, 2020
Assembly · Passed
Assembly Vote: pass (43-7-22)
assembly
Aug 31, 2020
Upper · Passed
Assembly amendments concurred in. (Ayes 31. Noes 2.) Ordered to engrossing and enrolling.
upper
Aug 30, 2020
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 30, 2020
Lower · Passed
Read third time. Passed. (Ayes 49. Noes 7. Page 5364.) Ordered to the Senate.
lower
Aug 18, 2020
Lower · Passed
From committee: Do pass. (Ayes 14. Noes 2.) (August 18).
lower
Aug 6, 2020
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (August 5). Re-referred to Com. on APPR.
lower
Jul 27, 2020
Lower · Passed
August 3 hearing postponed by committee.
lower
Jun 29, 2020
Lower · Passed
From committee: Be re-referred to Com. on PUB. S. (Ayes 7. Noes 0.) (June 29). Re-referred to Com. on PUB. S.
lower
Jun 26, 2020
Committee
Re-referred to Com. on RLS. pursuant to Assembly Rule 96.
lower
May 30, 2019
Committee
Referred to Com. on NAT. RES.
lower
May 9, 2019
Upper · Passed
Read third time. Passed. (Ayes 38. Noes 0. Page 1002.) Ordered to the Assembly.
upper
May 1, 2019
Upper · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 7. Noes 0. Page 904.) (May 1).
upper
Mar 14, 2019
Committee
Referred to Com. on GOV. & F.
upper
Feb 22, 2019
Introduced
Introduced. To Com. on RLS. for assignment. To print.
upper
1 primary · 8 co-sponsors
Sponsors
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