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



Current Version: 09/03/20 - Enrolled

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SECTION 1.

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

409.7.
 (a) (1) If  In the event of   peace officers, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, 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 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. the following requirements shall apply: 
(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). the closed areas described in this section. 
(2) Any A  peace officer or other law enforcement officer who intentionally assaults, interferes shall not intentionally assault, interfere  with, or obstructs obstruct  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. public. 
(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  in a closed area described in  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) (b)  There is a presumption that any For purposes of this section, 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 a recording device, including  professional broadcasting or recording  equipment, is a duly authorized representative of a news service, online news service, newspaper, or radio or television station or network.
(d) (c)  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.