SB 98 California Senate · 2021-2022 Regular Session

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 any other command post, or establish a 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 and gathering, receiving, or processing information 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. The bill would not impose criminal liability. The bill would state the Legislature's intention to achieve parity in the access and protections in these circumstances as those established pursuant to a specified law.
Bill status signed all 5 stages cleared
Introduction
Dec 2020
Committee Review
Jul 2021
Senate Passage
Jun 2021
Assembly Passage
Sep 2021
Signed into Law
Oct 2021
Introduced Dec 22, 2020 Signed Oct 9, 2021
Floor votes · Senate Jun 1, 2021 · Assembly Sep 10, 2021

How they voted

322
Passed · 3 other
Total votes 37
Jun 1, 2021
D Democratic29
29 Yea
100% Yea
R Republican8
3 Yea 2 Nay 3
37% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
29
Key actions
12
Committee
4
Amendments
8
Oct 9, 2021
Signed into law
Approved by the Governor.
legislature
Sep 10, 2021
Upper · Passed
Assembly amendments concurred in. (Ayes 29. Noes 5. Page 2626.) Ordered to engrossing and enrolling.
upper
Sep 10, 2021
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 10, 2021
Lower · Passed
Read third time. Passed. (Ayes 50. Noes 18. Page 3131.) Ordered to the Senate.
lower
Sep 3, 2021
Lower · Passed
Read third time and amended.
lower
Aug 30, 2021
Lower · Passed
Read second time and amended. Ordered to second reading.
lower
Aug 26, 2021
Lower · Passed
From committee: Do pass as amended. (Ayes 12. Noes 4.) (August 26).
lower
Jul 14, 2021
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (July 13). Re-referred to Com. on APPR.
lower
Jun 17, 2021
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
lower
Jun 10, 2021
Committee
Referred to Com. on PUB. S.
lower
Jun 1, 2021
Upper · Passed
Read third time. Passed. (Ayes 34. Noes 2. Page 1328.) Ordered to the Assembly.
upper
May 20, 2021
Upper · Passed
Read second time and amended. Ordered to second reading.
upper
May 20, 2021
Upper · Passed
From committee: Do pass as amended. (Ayes 6. Noes 0. Page 1182.) (May 20).
upper
Mar 9, 2021
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 0. Page 423.) (March 9). Re-referred to Com. on APPR.
upper
Jan 28, 2021
Committee
Referred to Com. on PUB. S.
upper
Dec 22, 2020
Introduced
Introduced. To Com. on RLS. for assignment. To print.
upper
1 primary · 4 co-sponsors

Sponsors