Invasion of privacy: wearable recording devices.

The bill was reformatted from a traditional printed legislative document (with page numbers, line numbers, and two-column layout) into a web page presentation. This added website UI elements such as navigation menus, a quick search box, version history dropdown, and share/track links. No legal language was altered.

Section 22949.86 (the requirement that wearable recording devices sold in California must have a visible indicator) will not take effect until January 1, 2028, giving manufacturers and sellers additional time to comply.

A new exclusion was added to the definition of 'wearable recording device': traditional wireless headphones or earphones are now explicitly excluded from the law's coverage.

A new provision states that Section 632.8 does not create a private right of action, meaning individuals cannot sue each other in civil court for violations; enforcement is limited to criminal prosecution by the state.

The definition of 'wearable recording device' was narrowed: the phrase 'transmit data received by the device' was removed, so the device must now have the capacity to make recordings or transmit sound or video (not just any data) to qualify.

In the definition of 'capture,' the word 'ephemeral' was replaced with 'temporary' when describing processing of sound or video that is not stored or transmitted, which may be a broader term.

The obligation to inform a customer they are being recorded while using a headset or two-way radio now applies to the employer who intentionally records, rather than to the individual employee who records. This shifts responsibility and adds an intent requirement.

The definition of 'wearable recording device' now requires the device to be 'worn on or attached to the body, rather than held by the user,' excluding handheld devices like phones. The transmission language was also narrowed from 'transmit data received by the device' to 'transmit sound or video.'

A new definition of 'capture' was added: it means collecting and storing or transmitting sound/video of another person, but explicitly excludes 'ephemeral processing of sound or video that is not stored or transmitted to another person.' This means real-time processing without storage or transmission falls outside the law's reach.

A new exemption was added for headsets, two-way radios, and similar devices operated by an employee during normal business duties when provided by their employer. However, if an employee records a customer using such a device, the employee must inform the customer they are being recorded.

A new broad exemption (subsection g) was added for assistive technology used by any person with a disability as defined in the federal ADA, covering devices and technologies used to enable access to or participation in activities of daily living or to support functional needs related to the disability. This is broader than the existing hearing/communication disorder exemption.

A new safe harbor (subsection h) was added stating the section does not impose liability on a manufacturer of a wearable recording device or a provider of software or service that processes, stores, or transmits recordings solely because the entity manufactured, provided, or maintained the device, software, or service.

A new provision (subsection f) clarifies that the section does not preclude prosecution under Section 632 or any other law providing for a greater penalty, ensuring the new law does not limit existing enforcement options.

The digest was updated to include a description of existing law regarding intentional use of electronic amplifying or recording devices to eavesdrop on confidential communications, and a typo ('sound or video and video') was corrected to 'sound or video.'

New Section 22949.86 prohibits manufacturing, selling, delivering, holding, or offering for sale in California any wearable recording device that lacks a light, sound, or other indicator sufficiently prominent to alert a reasonable person in the vicinity that recording is taking place.

The former Section 22949.86 (prohibiting technology designed to disable indicators) is renumbered as Section 22949.87, and the civil penalty provision is renumbered as Section 22949.88 with its scope broadened from referencing a single section to covering violations of 'this chapter.'

Redundant drafting language 'any light or other device light, sound, or other indicator' is corrected throughout to 'any light, sound, or other indicator,' removing the duplicated phrase.

Added a new exemption: body-worn cameras used by public officers or peace officers in the course of their official duties are not considered 'wearable recording devices' under this chapter.

Narrowed the technology prohibition: changed from 'technology that enables' disabling indicators to 'technology that is designed for the primary purpose of, primarily marketed for, or likely primarily used for' enabling such disabling. This raises the threshold for what technology is covered.

Added a new provision (632.8(b)(2)) stating that photographing or recording a public officer or peace officer while the officer is in a public place, or while the recorder is in a place they have the right to be, does not constitute a violation of the privacy prohibition and does not constitute reasonable suspicion to detain or probable cause to arrest.

Expanded the definition of an indicator on a wearable recording device from 'light or other device' to 'light, sound, or other indicator,' explicitly covering audio cues (such as beeps) and other non-visual indicators that signal a device is recording.

Section 22949.86(a) now prohibits technology that is not only capable of disabling a wearable recording device indicator light, but also technology that is 'designed for the purpose of, marketed for, or likely primarily used for enabling' such disabling. This significantly expands which products and services could be targeted by the civil penalty provision.

Section 633.1(a) now requires that a series of electronic tones be used to place the caller on notice that their telephone call is being recorded when an airport law enforcement officer records an incoming call. This adds a procedural safeguard for callers contacting airport law enforcement.

Section 633.5 corrected a typo where 'or and 632.8' was changed to 'and 632.8' in the list of Penal Code sections referenced.

New subdivision (e) added to Penal Code Section 632.8 exempting the use of hearing aids, augmentative and alternative communication devices, and similar devices by persons with impaired hearing or communication disorders when used to overcome the impairment or support communication.

In Penal Code Section 633.5, the phrase 'or 632.8' was changed to 'or and 632.8,' which appears to be a clerical correction (though it introduces an apparent typo of 'or and').

All amendments to existing Penal Code Sections 631, 632, 632.5, 632.6, 632.7, and 634 were removed. The bill no longer rewrites the state's core wiretapping and eavesdropping statutes or adds cross-references to the new wearable device provisions in those sections.

Penal Code Section 632.9 (which prohibited manufacturing, selling, delivering, holding, offering for sale, purchasing, trading, acquiring, or using technology to disable recording indicators on wearable devices) was eliminated from the Penal Code and relocated to the Business and Professions Code as Section 22949.86.

The penalty for violating Penal Code Section 632.8 was reduced: the fine cap dropped from $2,500 to $1,500 per violation, state prison imprisonment was removed (making it a misdemeanor-only offense), and the enhanced penalty for prior convictions ($10,000 fine) was eliminated entirely.

The definition of 'wearable recording device' was narrowed from 'any device that can be worn on or attached to the body' to 'any device that is designed to be worn on or attached to the body,' limiting coverage to devices specifically intended for wearable use rather than any device that happens to be capable of being worn.

The Business and Professions Code chapter was reorganized: Section 22949.85 is now a definition section cross-referencing Penal Code 632.8, the substantive prohibitions moved to Section 22949.86, and the civil penalty provision moved to Section 22949.87.

Cross-references in Penal Code Sections 633, 633.1, and 633.5 were updated to reference only Section 632.8 instead of the longer list that previously included Sections 632.9 and other provisions.

New Chapter 40 added to Division 8 of the Business and Professions Code (Sections 22949.85-22949.86) creating a civil penalty of up to $2,500 per violation for knowingly manufacturing, selling, delivering, holding, offering for sale, purchasing, trading for, acquiring, or using technology that disables recording indicators on wearable recording devices.

First-offense fine for violating Section 632.8 (operating a wearable recording device to capture sound or video of another person in a place of business where they have a reasonable expectation of privacy) reduced from $2,500 to $1,500 per violation. The enhanced fine for repeat offenders remains at $10,000.

Gender-neutral language updates: 'his or her' changed to 'their' in Sections 633 and 633.1 of the Penal Code.

Cross-references in Sections 633, 633.1, and 633.5 updated to explicitly include Sections 632.8 and 632.9 in the list of provisions from which law enforcement and other exemptions apply.