Bill Text: CA SB606 | 2013-2014 | Regular Session | Amended

California Senate Bill 606 (Prior Session Legislation)

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

Bill Title: Harassment: child or ward.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-09-24 - Chaptered by Secretary of State. Chapter 348, Statutes of 2013. [SB606 Detail]

Download: California-2013-SB606-Amended.html

BILL NUMBER: SB 606	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2013

INTRODUCED BY   Senator De Le�n

                        FEBRUARY 22, 2013

   An act to amend Section  16220   11414 
of the Penal Code, relating to  deadly weapons. 
 harassment. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 606, as amended, De Le�n.  Deadly weapons: ballistic
knives.   Harassment: child or ward.  
   Under existing law, any person who intentionally harasses the
child or ward of any other person because of that person's employment
is guilty of a misdemeanor, punishable by imprisonment in a county
jail not exceeding 6 months, or by a fine not exceeding $1,000, or
both. Under existing law that crime is punishable by mandatory
imprisonment in a county jail for not less than 5 days for a 2nd
conviction, and by mandatory imprisonment in a county jail for not
less than 30 days for a 3rd or subsequent conviction.  
   This bill would make a violation of the above provisions
punishable by imprisonment in a county jail not exceeding one year or
by imprisonment in a county jail for 16 months, or 2 or 3 years for
a first conviction. For a 2nd conviction, the bill would require a
fine not exceeding $10,000 and either imprisonment in county jail for
a period of not less than 5 days but not exceeding one year or by
imprisonment in a county jail for 16 months, or 2 or 3 years. For a
3rd or subsequent conviction, the bill would require a fine not
exceeding $10,000 and either imprisonment in county jail for a period
of not less than 30 days but not exceeding one year or by
imprisonment in a county jail for 16 months, or 2 or 3 years. The
bill would specify that harassment may include any actual or
attempted recording of the child's image or voice without the written
consent of the child's parent or legal guardian, by following the
child's activities or lying in wait. The bill would specify that a
violation of the above provisions would give rise to civil liability
in an action for damages, as specified.  
   By increasing the punishment for a crime and imposing new duties
on local prosecutors, this bill would impose a state-mandated local
program.  
   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.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   Existing law generally makes it a crime to manufacture, import,
keep for sale, offer or expose for sale, give, lend, or possess any
ballistic knife. Under existing law a ballistic knife is a nuisance.
Existing law defines a ballistic knife as a device that propels a
knifelike blade as a projectile by means of a coil spring, elastic
material, or compressed gas.  
   This bill would make a technical, nonsubstantive change to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 11414 of the   Penal
Code   is amended to read: 
   11414.  (a) Any person who intentionally harasses the child or
ward of any other person because of that person's 
employment, is guilty of a misdemeanor.   employment
shall be punished by imprisonment in a county jail not exceeding one
year or by imprisonment pursuant to subdivision (h) of Section 1170.

   (b) For purposes of this section, the following definitions shall
apply:
   (1) "Child" and "ward" mean a person under  the age of
 16 years  of age  .
   (2) "Harasses" means knowing and willful conduct directed at a
specific child that seriously alarms, annoys, torments, or terrorizes
the child, and that serves no legitimate  purpose. 
 purpose, including, but not limited to, any actual or attempted
recording of the child's image or voice, or both, without the
written consent of the child's parent or legal guardian, by following
the child's activities or lying in wait.  The conduct must be
such as would cause a reasonable child to suffer substantial
emotional distress, and actually cause the victim to suffer
substantial emotional distress. 
   (3) "Employment" means the job, vocation, occupation, or
profession of the parent or legal guardian of the child or ward.

   (c) A second conviction under this section shall be punished by
 a fine not exceeding ten thousand dollars ($10,000) and by
either  imprisonment in a county jail for not less than five
days  but not exceeding one year or by imprisonment pursuant to
subdivision (h) of Section 1170  . A third or subsequent
conviction under this section shall be punished by  a fine not
exceeding ten thousand dollars ($10,000) and by either 
imprisonment in a county jail for not less than 30 days  but not
exceeding one year or by imprisonment pursuant to subdivision (h) of
Section 1170  . 
   (d) A violation of this section shall also give rise to civil
liability in an action for damages in which the parent or legal
guardian of the child may seek actual damages, disgorgement of
profits, punitive damages, reasonable attorney's fees, and costs.

   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    Section 16220 of the Penal Code is
amended to read:
   16220.  As used in this part, "ballistic knife" means a device
which propels a knifelike blade as a projectile by means of a coil
spring, elastic material, or compressed gas. Ballistic knife does not
include any device that propels an arrow or a bolt by means of any
common bow, compound bow, crossbow, or underwater speargun.