Governor Signs Bill Inspired by Lyon Case

Gov. Jerry Brown last week signed a piece of legislation inspired by disgraced real estate magnate Michael Lyon.

deals with a discrepancy in current law that prevents prosecution of individuals for creating illegal recordings if those recordings are three years or older. The bill that Brown signed Thursday changes the statute of limitations so that criminal complaints may be filed within one year of a hidden recording’s discovery, rather than within a few years of its creation.

Assemblyman Steve Knight (R-Antelope Valley) introduced the bill in February, after learning that the Sacramento County District Attorney’s Office was unable to charge Lyon with possessing a trove of secret videotapes he allegedly made of acquaintances in compromising situations because the tapes were some two decades old.

“I’m encouraged by the governor’s decision to sign this bill into law. AB 708 will ensure victims have ample time for their cases to be heard,” Knight said in a prepared statement. “This measure is necessary to ensure public safety and allow district attorneys the tools they need to protect individual privacy.”

Lyon, former CEO of Lyon Real Estate, was charged with making secret videotapes of himself engaging in sexual activity with prostitutes at his Roseville and Carmichael homes last year.

In each case, the victims expressed shock that they were filmed without their knowledge, sometimes with the use of a secret camera hidden in a clock radio, according to district attorney records.

Lyon is currently serving the remainder of his custody sentence under house arrest in Carmichael. He’s scheduled for release on Nov. 4, said sheriff’s department spokesman Deputy Jason Ramos.

to four felony counts of recording a confidential communication without consent in return for a reduced sentence of one year in county jail and five years of supervised probation. Sheriff Scott Jones to the electronically monitored home detention program in June, .

Under the penal code, he could have served a total of four years in jail or state prison and have been subjected to a $10,000 fine for the charges to which he pled guilty, though DA spokeswoman Shelly Orio said it wasn’t certain that Lyon would have received a state prison sentence even if Lyon had been convicted of all charges.

The new law, which goes into effect Jan. 1, 2012, is aimed at preventing future voyeurs from hiding behind the reworked statue, Knight explained.

“Predators are operating for years before their activities are discovered,” he said. “In the case of hidden camera devices, the evidence may be too old to seek justice for victims in the criminal court. This is simply not acceptable.”

District Attorney Jan Scully supported the legislation, calling it “an important step in ensuring that the responsibility of government’s main priority is met.”