CaliforniaArtificial intelligence technology.
What it does
(1) Existing law prohibits the false impersonation of another person in either their personal or official capacity with the intent to steal or defraud, as specified.
More detail
This bill would define various terms related to artificial intelligence and digital replication, and would clarify that false impersonation includes the use of a digital replica with the intent to impersonate another for purposes of these and other criminal provisions.
(2) Existing law creates a civil cause of action against any person who knowingly uses the name, voice, signature, photograph, or likeness of another person, without their consent, for specified purposes. When a photograph or likeness of an employee of the person using the photograph or likeness appearing in an advertisement or other publication is incidental and not essential to the purpose of the publication, existing law establishes a rebuttable presumption affecting the burden of producing evidence that failure to obtain the consent of an employee was not a knowing use of an employee's photograph or likeness.
This bill would clarify that, for purposes of this cause of action, a voice or likeness includes a digital replica, as defined. The bill would also remove the provisions establishing the rebuttable presumption when an employee's likeness or photograph appears in an advertisement or other publication.
(3) Existing law governs the admissibility of evidence in court proceedings. Existing law prescribes procedures for the authentication of photographs and audio and video recordings.
This bill would require the Judicial Council, by no later than January 1, 2027, to review the impact of artificial intelligence on the admissibility of proffered evidence in court proceedings and develop any necessary rules of court to assist courts in assessing claims that proffered evidence has been generated by or manipulated by artificial intelligence and determining whether such evidence is admissible.
(4) Existing law, the Unfair Competition Law, establishes a statutory cause of action for unfair competition, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising, and establishes remedies and penalties in that regard, including civil penalties.
This bill would require, by December 1, 2026, and except as provided, any person or entity that makes available to consumers any artificial intelligence technology that enables a user to create a digital replica, as defined, to provide a consumer warning that unlawful use of the technology to depict another person without prior consent may result in civil or criminal liability for the user. The bill would require the warning to be hyperlinked on any page or screen where the consumer may input a prompt to the technology and included in the terms and conditions for use of the technology. The bill would also impose a civil penalty for violations of the requirement.
This bill would incorporate additional changes to Section 3344 of the Civil Code proposed by SB 683 to be operative only if this bill and SB 683 are enacted and this bill is enacted last.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 2Veto sustained.Latest
- Mar 2Stricken from file.
- 2025
- Oct 13In Senate. Consideration of Governor's veto pending.
- Oct 13Vetoed by the Governor Gavin Newsom.Major
- Sep 23Enrolled and presented to the Governor at 2 p.m.To Governor
- Sep 13Assembly amendments concurred in. (Ayes 37. Noes 0. Page 3035.) Ordered to engrossing and enrolling.Major
- Vote recorded Unfinished Business SB11 Ashby Concurrence. Result: pass.Upper
- Vote recorded SB 11 Ashby Senate Third Reading By Bauer-Kahan. Result: pass.Lower
- Sep 13In Senate. Concurrence in Assembly amendments pending.
- Sep 12Read third time. Passed. (Ayes 79. Noes 0. Page 3409.) Ordered to the Senate.Passed Assembly
- Sep 3Ordered to third reading.Minor
- Sep 3Read third time and amended.Major
- Sep 3Read second time. Ordered to third reading.Minor
- Sep 2Read second time and amended. Ordered to second reading.Major
- Aug 29From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 29).Major
- Vote recorded Do pass as amended. Result: pass.Lower
- Aug 20August 20 set for first hearing. Placed on APPR. suspense file.
- Jul 17Read second time and amended. Re-referred to Com. on APPR.Major
- Jul 17From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (July 16).Major
- Jul 17Assembly Rule 63 suspended. (Ayes 49. Noes 15. Page 2578.)
- Jul 16
- Vote recorded Do pass as amended and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Jul 10From committee with author's amendments. Read second time and amended. Re-referred to Com. on P. & C.P.Major
- Jul 9July 8 hearing postponed by committee.
- Jul 2From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 9. Noes 0.) (July 1). Re-referred to Com. on P. & C.P.Minor
- Jul 1
- Vote recorded Do pass and be re-referred to the Committee on [Privacy and Consumer Protection]. Result: pass.Lower
- Jun 18Read second time and amended. Re-referred to Com. on PUB. S.Major
- Jun 17From committee: Do pass as amended and re-refer to Com. on PUB. S. (Ayes 11. Noes 0.) (June 17).Major
- Vote recorded Do pass as amended and be re-referred to the Committee on [Public Safety]. Result: pass.Lower
- Jun 9Referred to Coms. on JUD., PUB. S., and P. & C.P.Minor
- Jun 3In Assembly. Read first time. Held at Desk.Minor
- Jun 2Read third time. Passed. (Ayes 38. Noes 0. Page 1406.) Ordered to the Assembly.Passed Senate
- Vote recorded 3rd Reading. Result: pass.Upper
- May 27Read second time. Ordered to third reading.Minor
- May 23Read second time and amended. Ordered to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Upper
- May 23From committee: Do pass as amended. (Ayes 6. Noes 0. Page 1187.) (May 23).Major
- May 16Set for hearing May 23.
- May 5May 5 hearing: Placed on APPR. suspense file.
- Vote recorded Placed on suspense file. Result: pass.Upper
- Apr 29From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.Major
- Apr 25Set for hearing May 5.
- Apr 23From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 840.) (April 22). Re-referred to Com. on APPR.Minor
- Apr 22
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Apr 10From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.Major
- Apr 9Set for hearing April 22.
- Apr 2From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 12. Noes 0. Page 609.) (April 1). Re-referred to Com. on PUB. S.Minor
- Apr 1
- Vote recorded Do pass, but first be re-referred to the Committee on [Public Safety]. Result: pass.Upper
- Mar 13Set for hearing April 1.
- Jan 29Referred to Coms. on JUD. and PUB. S.Minor
- 2024
- Dec 3From printer. May be acted upon on or after January 2.
- Dec 2Introduced. Read first time. To Com. on RLS. for assignment. To print.Introduced