This bill provides that a person commits assault against a participant in judicial proceedings who, while on the premises of a building in which judicial proceedings occur, causes one of the following:
(1) Knowingly causes bodily injury to a victim who the person knows or reasonably should know is present due to the victim's participation in judicial proceedings; or
(2) Knowingly causes physical contact with a victim who the person knows or reasonably should know is present due to the victim's participation in judicial proceedings and a reasonable person would regard the contact as extremely offensive or provocative, including, but not limited to, spitting, throwing, or otherwise transferring bodily fluids, bodily pathogens, or human waste onto the person of the victim.
As used in this bill, "victim's participation in judicial proceedings" includes:
(1) A victim's employment as a judge, district attorney general, attorney for a party in a criminal or civil case, court employee, bailiff, courtroom security personnel, and other person who works in the building in which judicial proceedings occur; and
(2) A victim's status as a juror, witness, or party to a criminal or civil case or a victim in a criminal case.
A violation of this bill is a Class E felony.
ON APRIL 9, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2221, AS AMENDED.
AMENDMENT #1 adds to the list of potential victims in the bill, a member of the public lawfully present in a courtroom during a criminal or civil proceeding.
ON APRIL 22, 2024, THE HOUSE SUBSTITUTED SENATE BILL 2221 FOR HOUSE BILL 1658, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 2221, AS AMENDED.
AMENDMENT #2 makes the changes described below.
Present law prohibits the existing law relevant to wiretapping and electronic surveillance from applying to a person who installs software on a computer the person owns if such software is intended solely to monitor and record the use of the internet by a minor child of whom such person is a parent or legal guardian. This amendment adds to the present law by also prohibiting the existing law relevant to wiretapping and electronic surveillance from the following:
(1) Restricting a business from selecting the business's vendors and disclosing communications to those vendors by interception or otherwise, in the normal course of business;
(2) Restricting a business in how the business develops websites and mobile applications, which may allow disclosure of communications to vendors, by interception or otherwise, in the normal course of business; or
(3) Restricting the technology that a business can use on the business's website or mobile applications.
As used in this amendment, a "vendor" means a person or entity providing goods, services, information, or analysis to a business, with or without compensation.
CIVIL ACTIONS
Present law authorizes any aggrieved person whose wire, oral or electronic communication is intentionally intercepted, disclosed, or used in violation of existing law to, in a civil action, recover from the person or entity that engaged in that violation the following relief:
(1) The greater of (i) the sum of the actual damages, including any damage to personal or business reputation or relationships, suffered by the plaintiff and any profits made by the violator as a result of the violation; or (ii) statutory damages of $100 a day for each day of violation or $10,000, whichever is greater;
(2) Punitive damages; and
(3) A reasonable attorney's fee and other litigation costs reasonably incurred.
Present law authorizes any person whose wire, oral, or electronic communication is or is about to be intercepted, disclosed, or used in violation existing law to seek to enjoin and restrain the violation and may in the same action seek damages as above. Present law provides that it is a complete defense against any civil or criminal action that there was good faith reliance on a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization, or if there was a good faith determination that existing law permitted the conduct complained of.
Present law prohibits a civil action under this the above provisions from being commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation.
This amendment deletes the above provisions relevant to civil actions.