Bill Text: CA AB885 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Discovery: prosecutorial duty to disclose information.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-09-28 - Vetoed by Governor. [AB885 Detail]

Download: California-2013-AB885-Introduced.html

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BILL NUMBER: AB 885	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 22, 2013

   An act to amend Section 646.9 of the Penal Code, relating to
stalking.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 885, as introduced, Ammiano. Stalking.
   Existing law provides that a person who willfully, maliciously,
and repeatedly follows or willfully and maliciously harasses another
person and who makes a credible threat, as specified, is guilty of
stalking, and may be punished by imprisonment in a county jail for
not more than one year, or by a fine of not more than $1,000, or by
both that fine and imprisonment, or by imprisonment in the state
prison. Existing law further provides that a person who engages in
the above-described behavior when there is a temporary restraining
order, injunction, or other court order in effect prohibiting the
specified behavior against the same party, may be punished by
imprisonment in the state prison for 2, 3, or 4 years.
   This bill would make technical, nonsubstantive changes to those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 646.9 of the Penal Code is amended to read:
   646.9.  (a)  Any   A  person who
willfully, maliciously, and repeatedly follows or willfully and
maliciously harasses another person and who makes a credible threat
with the intent to place that person in reasonable fear for his or
her safety, or the safety of his or her immediate family is guilty of
the crime of stalking, punishable by imprisonment in a county jail
for not more than one year, or by a fine of not more than one
thousand dollars ($1,000), or by both that fine and imprisonment, or
by imprisonment in the state prison.
   (b)  Any   A    person who
violates subdivision (a) when there is a temporary restraining order,
injunction, or  any  other court order in effect
prohibiting the behavior described in subdivision (a) against the
same party, shall be punished by imprisonment in the state prison for
two, three, or four years.
   (c) (1)  Every   A  person who, after
having been convicted of a felony under Section 273.5, 273.6, or 422,
commits a violation of subdivision (a) shall be punished by
imprisonment in a county jail for not more than one year, or by a
fine of not more than one thousand dollars ($1,000), or by both that
fine and imprisonment, or by imprisonment in the state prison for
two, three, or five years.
   (2) Every person who, after having been convicted of a felony
under subdivision (a), commits a violation of this section shall be
punished by imprisonment in the state prison for two, three, or five
years.
   (d) In addition to the penalties provided in this section, the
sentencing court may order a person convicted of a felony under this
section to register as a sex offender pursuant to Section 290.006.
   (e) For the purposes of this section, "harasses" means engages in
a knowing and willful course of conduct directed at a specific person
that seriously alarms, annoys, torments, or terrorizes the person,
and that serves no legitimate purpose.
   (f) For the purposes of this section, "course of conduct" means
two or more acts occurring over a period of time, however short,
evidencing a continuity of purpose. Constitutionally protected
activity is not included within the meaning of "course of conduct."
   (g) For the purposes of this section, "credible threat" means a
verbal or written threat, including that performed through the use of
an electronic communication device, or a threat implied by a pattern
of conduct or a combination of verbal, written, or electronically
communicated statements and conduct, made with the intent to place
the person that is the target of the threat in reasonable fear for
his or her safety or the safety of his or her family, and made with
the apparent ability to carry out the threat so as to cause the
person who is the target of the threat to reasonably fear for his or
her safety or the safety of his or her family. It is not necessary to
prove that the defendant had the intent to actually carry out the
threat. The present incarceration of a person making the threat shall
not be a bar to prosecution under this section. Constitutionally
protected activity is not included within the meaning of "credible
threat."
   (h) For purposes of this section, the term "electronic
communication device" includes, but is not limited to, telephones,
cellular phones, computers, video recorders, fax machines, or pagers.
"Electronic communication" has the same meaning as the term defined
in Subsection 12 of Section 2510 of Title 18 of the United States
Code.
   (i) This section shall not apply to conduct that occurs during
labor picketing.
   (j) If probation is granted, or the execution or imposition of a
sentence is suspended, for  any   a  person
convicted under this section, it shall be a condition of probation
that the person participate in counseling, as designated by the
court. However, the court, upon a showing of good cause, may find
that the counseling requirement shall not be imposed.
   (k) (1) The sentencing court  also  shall 
also  consider issuing an order restraining the defendant from
any contact with the victim, that may be valid for up to 10 years, as
determined by the court. It is the intent of the Legislature that
the length of  any   a  restraining order
be based upon the seriousness of the facts before the court, the
probability of future violations, and the safety of the victim and
his or her immediate family.
   (2) This protective order may be issued by the court whether the
defendant is sentenced to state prison, county jail, or if imposition
of sentence is suspended and the defendant is placed on probation.
   (l) For purposes of this section, "immediate family" means
 any   a  spouse, parent, child, 
any   a  person related by consanguinity or
affinity within the second degree, or  any other 
 another  person who regularly resides in the household, or
who, within the prior six months, regularly resided in the household.

   (m) The court shall consider whether the defendant would benefit
from treatment pursuant to Section 2684. If it is determined to be
appropriate, the court shall recommend that the Department of
Corrections and Rehabilitation make a certification as provided in
Section 2684. Upon the certification, the defendant shall be
evaluated and transferred to the appropriate hospital for treatment
pursuant to Section 2684.