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CA AB1671

Bill

Status

Passed

9/30/2016

Primary Sponsor

Jimmy Gomez

Click for details

Origin

State Assembly

2015-2016 Session

AI Summary

  • Creates new crime of intentionally disclosing or distributing contents of confidential communications with health care providers obtained through unlawful eavesdropping or recording, punishable by fine up to $2,500 per violation or up to one year in county jail (or state prison), increasing to $10,000 per violation for repeat offenders.

  • Defines "health care provider" to include licensed physicians, nurses, mental health professionals, clinic employees, health facility staff, and professional organizations representing these providers.

  • Establishes exemptions from the new disclosure prohibition for lawful disclosures by parties authorized under existing sections 633, 633.02, 633.05, 633.1, 633.5, 633.6, and 633.8.

  • Adds human trafficking as a specific felony involving violence under the existing exemption allowing one party to a confidential communication to record it for obtaining evidence of crimes.

  • Clarifies that monetary damages in civil actions for eavesdropping and recording violations must be imposed on a per-violation basis, with a minimum of $5,000 per violation or three times actual damages, whichever is greater.

Legislative Description

Confidential communications: disclosure.

Last Action

Chaptered by Secretary of State - Chapter 855, Statutes of 2016.

9/30/2016

Committee Referrals

Rules8/29/2016
Appropriations8/1/2016
Public Safety6/9/2016
Rules6/1/2016
Appropriations4/21/2016
Public Safety3/17/2016

Full Bill Text

No bill text available