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CA SB1249

Bill

Status

Engrossed

6/2/2010

Primary Sponsor

Gilbert Cedillo

Click for details

Origin

Senate

2009-2010 Session

AI Summary

  • Amends Penal Code Section 350 to provide immunity from civil and criminal liability for law enforcement agencies, trademark registrants, and nonprofit organizations that donate counterfeit goods in good faith to nonprofits serving persons living in poverty.

  • Grants immunity for costs, damages, or other claims and expenses resulting from good faith actions taken during the donation process of counterfeit goods.

  • Prohibits criminal prosecution or criminal penalties for any person who takes actions in good faith while donating counterfeit goods pursuant to the court-approved donation process.

  • Maintains existing requirements that courts order forfeiture and destruction of counterfeit marks and goods, but allows courts to consider motions to donate items (excluding recordings and audiovisual works) to nonprofit organizations upon law enforcement request and trademark registrant consent.

Legislative Description

Counterfeit marks: donations.

Last Action

From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B.,P. & C.P.

6/28/2010

Committee Referrals

Appropriations4/19/2010
Governmental Organization3/4/2010
Rules2/19/2010

Full Bill Text

No bill text available