SB 1130: Invasion of privacy: wearable recording devices.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

Existing law prohibits the intentional use of an electronic amplifying or recording device to eavesdrop upon or record a confidential communication, as specified, without the consent of all parties to the communication. Existing law additionally prohibits tapping a communication wire or intercepting or recording a telephone communication, as specified, without the consent of all parties, and prohibits trespassing on property for the purpose of committing, or attempting to commit, a violation of those prohibitions. A violation of those provisions is punishable by a fine not exceeding $2,500, by imprisonment as either a misdemeanor or a felony, or by both the fine and imprisonment, unless otherwise exempted. If that person has previously been convicted of a violation of any of the above-described laws, except for the prohibition on trespassing, a violation of any of those provisions is punishable by a fine not exceeding $10,000, by imprisonment as either a misdemeanor or a felony, or by both the fine and imprisonment.

This bill would additionally prohibit a person from operating a wearable recording device, as defined, to capture sound or video of any other person in any area within a place of business, as defined, where the person has a reasonable expectation of privacy unless the person operating the device has the explicit consent of that person to capture sound or video of that person. The bill would prohibit a person from disabling any light, sound, or other indicator on a wearable recording device that indicates that the device is capturing sound or video. The bill would exempt from these provisions the use of hearing aids, augmentative and alternative communication devices, and similar devices by persons with impaired hearing or communication disorders when used for the purpose of overcoming the impairment or disorder to permit the hearing of sounds ordinarily audible to the human ear or to support communication with the person or by persons with a disability if the device or technology is used for the purpose of enabling a person’s access to, or participation in, activities of daily living or to support a person’s functional needs related to the disability or condition.

The bill would make a violation of these provisions punishable by a fine not exceeding $1,500, by imprisonment as a misdemeanor, or by both that fine and imprisonment. The bill would make the exemptions from the provisions described above applicable to violations of these prohibitions.

By creating new crimes, the bill would impose a state-mandated local program.

The bill would, commencing on January 1, 2028, prohibit a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce a wearable recording device without a light, sound, or other indicator that is sufficiently prominent so that a reasonable person in the vicinity would be alerted to the capturing activity. The bill would prohibit a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any technology that is designed for the primary purpose of, primarily marketed for, or likely primarily used for enabling a person to disable any light, sound, or other indicator on a wearable recording device that indicates that the device is capturing sound or video and would prohibit a person from purchasing, trading for, otherwise acquiring, or using that technology, as specified. The bill would make a knowing violation of these provisions punishable by a civil penalty not exceeding $2,500 per violation.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. September 30, 2026In Senate. Consideration of Governor's veto pending.
2. September 30, 2026Vetoed by the Governor.
3. September 9, 2026Enrolled and presented to the Governor at 2 p.m.
4. August 31, 2026Assembly amendments concurred in. (Ayes 29. Noes 10.) Ordered to engrossing and enrolling.
5. August 30, 2026In Senate. Concurrence in Assembly amendments pending.
6. August 30, 2026Read third time. Passed. (Ayes 57. Noes 14. Page 6942.) Ordered to the Senate.
7. August 26, 2026Ordered to third reading.
8. August 26, 2026Read third time and amended.
9. August 26, 2026Joint Rule 61(b)(16) suspended. (Ayes 61. Noes 0. Page 6562.)
10. August 21, 2026Ordered to third reading.
11. August 21, 2026Read third time and amended.
12. August 21, 2026Assembly Rule 69(b)(1) suspended. (Ayes 55. Noes 17. Page 6296.)