California 2021-2022 Regular Session

California Senate Bill SB98

Introduced
12/22/20  
Introduced
12/22/20  
Refer
1/28/21  
Report Pass
3/9/21  
Report Pass
3/9/21  
Refer
3/9/21  
Refer
3/9/21  
Report Pass
5/20/21  
Engrossed
6/1/21  
Refer
6/10/21  
Refer
6/10/21  
Refer
6/17/21  
Refer
6/17/21  
Report Pass
7/14/21  
Report Pass
7/14/21  
Refer
7/14/21  
Report Pass
8/26/21  
Enrolled
9/10/21  
Chaptered
10/9/21  
Passed
10/9/21  

Caption

Public peace: media access.

Impact

By amending the Penal Code to include Section 409.7, SB 98 establishes clear guidelines regarding media access to closed areas during public demonstrations or emergencies. It prohibits law enforcement from assaulting, obstructing, or interfering with media representatives. This change aims to create parity in protections for journalists akin to those available under Section 409.5 of the Penal Code, thus potentially enhancing the transparency of police actions during critical incidents. Moreover, it protects media representatives from being cited for violations such as failure to disperse while engaged in their professional activities.

Summary

Senate Bill 98, introduced by McGuire, focuses on enhancing the legal protections for media personnel during demonstrations, protests, and emergency situations. The bill allows duly authorized representatives of news services, including newspapers and broadcasting organizations, to enter areas closed by peace officers during events that involve constitutionally protected activity. This is intended to ensure that media representatives can perform their responsibilities of gathering, receiving, and processing information for public communication without interference from law enforcement.

Sentiment

The sentiment around SB 98 is largely positive among media advocacy groups and supporters of press freedoms, who view the bill as a vital step toward ensuring that journalists can operate safely and effectively during volatile situations. Proponents argue that the protections afforded by the bill are necessary for fostering an informed public and enhancing democratic accountability. Conversely, there are concerns from law enforcement representatives regarding the practical implications of the bill, particularly during high-stress situations where ensuring public safety is paramount.

Contention

Notable points of contention surrounding SB 98 include its implications for law enforcement's authority during emergencies and public gatherings. Critics argue that while the bill aims to protect journalistic freedoms, it may inadvertently hinder law enforcement's ability to manage potentially dangerous situations effectively. This reflects a broader debate on the balance between civil liberties and public safety, as well as the specific challenges of enforcing such guidelines in real-time scenarios.

Companion Bills

No companion bills found.

Previously Filed As

CA AB750

Menace to public health: closure by law enforcement.

CA AB1141

Agricultural lands: agricultural and livestock producers: agricultural pass program: disaster access to farm lands.

CA SB254

Correctional facilities: media access.

CA AB884

Elections: language accessibility.

CA AB2839

Elections: deceptive media in advertisements.

CA SB719

Law enforcement agencies: radio communications.

CA AB2138

Peace officers: tribal police pilot project.

CA SB400

Peace officers: confidentiality of records.

CA AB2710

Peace officers: active shooter incidents.

CA AB2350

Open meetings: school boards: emergencies: notifications by email.

Similar Bills

CA SB629

Public peace: media access.

CA AB1652

Law enforcement agency policies: use of force: protests.

CA AB379

Crimes: prostitution.

CA SB1219

Crimes: prostitution.

CA SB1160

Trespass: gaming facility on Indian lands.

CA AB2065

Criminal justice records: offender data.

CA AB1337

Transportation: San Francisco Bay Area Rapid Transit District: policing responsibilities.

CA SB303

Crimes: solicitation of prostitution of a minor: human trafficking.