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SB-629 Public peace: media access.(2019-2020)

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Date Published: 06/25/2020 09:00 PM
SB629:v98#DOCUMENT

Amended  IN  Assembly  June 25, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 629


Introduced by Senator McGuire Senators McGuire, Hill, and Hertzberg
(Principal coauthor: Senator Wiener)
(Coauthors: Senators Lena Gonzalez, Portantino, and Skinner)
(Coauthor: Assembly Member Wicks)

February 22, 2019


An act to amend Section 40824 of the Health and Safety Code, relating to nonvehicular pollution. add Section 409.7 to the Penal Code, relating to public safety.


LEGISLATIVE COUNSEL'S DIGEST


SB 629, as amended, McGuire. Air districts: hearing boards: notice requirements. Public peace: media access.
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 authorize, in the event of a demonstration, march, protest, or rally where individuals are engaged primarily in constitutionally protected activity, as described, specified peace officers to close the immediate area surrounding any emergency field command post or to establish any other command post, police line, or rolling closure. The bill would make any unauthorized person who willfully and knowingly enters that area and who willfully remains within the area after receiving notice to evacuate or leave guilty of a misdemeanor. The bill would authorize a duly authorized representative of any news service, online news service, newspaper, or radio or television station or network, as described, to enter those closed areas and would make any peace officer or other law enforcement officer who intentionally assaults, interferes with, or obstructs the duly authorized representative who is gathering, receiving, or processing information for communication to the public guilty of a misdemeanor. The bill would also prohibit a duly authorized representative who is authorized or permitted to be 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.
By creating new crimes, the bill would impose a state-mandated local program.
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.

Existing law imposes various limitations on the emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. The State Air Resources Board is designated with the primary responsibility for the control of vehicular air pollution and air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources.

Existing law establishes one or more hearing boards in each district for the purposes of performing specified functions, including, among others, issuing specified interim variances. The hearing board is required to serve reasonable notice of the time and place of the hearing to consider an interim variance application upon the district air pollution control officer and the applicant.

The Ralph M. Brown Act requires a legislative body of a local agency, at least 72 hours before a regular meeting, to post an agenda containing, among other things, information on the time and location of the meeting. The act requires the body, upon the request of a person, to mail the agenda to the person at the time the agenda is posted.

This bill would require a hearing board to send a notice of the hearing not less than 72 hours before the hearing to any person who requests the notice, thereby making changes to conform the notice provisions with the notice provisions of the act.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 409.7 is added to the Penal Code, to read:

409.7.
 (a) (1) In the event of a demonstration, march, protest, or rally where individuals are engaged primarily in activity that is protected pursuant to the First Amendment to the United States Constitution or Article I of the California Constitution, officers of the Department of the California Highway Patrol, police departments, marshal’s office or sheriff’s office, officers of the Department of Fish and Wildlife designated as peace officers by subdivision (e) of Section 830.2, or officers of the Department of Forestry and Fire Protection designated as peace officers by subdivision (g) of Section 830.2, may close the immediate area surrounding any emergency field command post or may establish any other command post, police line, or rolling closure.
(2) Any unauthorized person who willfully and knowingly enters an area closed pursuant to this subdivision and who willfully remains within the area after receiving notice to evacuate or leave is guilty of a misdemeanor.
(b) (1) A duly authorized representative of any news service, online news service, newspaper, or radio or television station or network may enter areas closed pursuant to subdivision (a).
(2) Any peace officer or other law enforcement officer who intentionally assaults, interferes with, or obstructs the duly authorized representative of any news service, online news service, newspaper, or radio or television station or network who is gathering, receiving, or processing information for communication to the public is guilty of a misdemeanor.
(3) A duly authorized representative of any news service, online news service, newspaper, or radio or television station or network that is authorized or permitted to be in an area closed pursuant to this section shall not be cited for the failure to disperse, a violation of a curfew, or a violation of paragraph (1) of subdivision (a) of Section 148. If the duly authorized representative is detained by a peace officer or other law enforcement officer, that representative shall be permitted to contact a supervisory officer immediately for the purpose of challenging the detention, unless circumstances make it impossible to do so.
(c) There is a presumption that any 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 a recording device, including professional broadcasting equipment, is a duly authorized representative of a news service, online news service, newspaper, or radio or television station or network.
(d) This section does not prevent a law enforcement officer from enforcing other applicable laws if the person is engaged in activity that is otherwise unlawful.

SEC. 2.

 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.
SECTION 1.Section 40824 of the Health and Safety Code is amended to read:
40824.

In the case of a hearing to consider an application for an interim variance, as authorized under Section 42351:

(a) (1)The hearing board shall serve reasonable notice of the time and place of the hearing upon the district air pollution control officer and upon the applicant.

(2)The hearing board shall send notice of the hearing not less than 72 hours prior to the hearing to any person who requests the notice.

(b) Subdivision (b) of Section 40823 shall not apply.

(c) In districts with a population of less than 750,000, the chair of the hearing board, or other member of the hearing board designated by the board, may hear an application for an interim variance. If a member of the public contests a decision made by a single member of the hearing board, the application shall be reheard by the full hearing board within 10 days of the decision.