Bill Text: CA AB1129 | 2019-2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Privacy.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2019-10-11 - Chaptered by Secretary of State - Chapter 749, Statutes of 2019. [AB1129 Detail]
Download: California-2019-AB1129-Introduced.html
Any A person is guilty of trespass who makes a credible threat to cause serious bodily injury, as defined in subdivision (a) of Section 417.6, to another person with the intent to place that other person in reasonable fear for his or her their safety, or the safety of his or her their
immediate family, as defined in subdivision (l) of Section 646.9, and who does any of the following: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 the person’s safety, or the safety of his or her
the person’s
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.
Bill Title: Privacy.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2019-10-11 - Chaptered by Secretary of State - Chapter 749, Statutes of 2019. [AB1129 Detail]
Download: California-2019-AB1129-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Assembly Bill | No. 1129 |
| Introduced by Assembly Member Chau |
February 21, 2019 |
An act to amend Sections 601 and 646.9 of the Penal Code, relating to stalking.
LEGISLATIVE COUNSEL'S DIGEST
AB 1129, as introduced, Chau.
Stalking.
Existing law makes 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 the person’s safety, or the safety of the person’s immediate family, guilty of the crime of stalking, punishable as a misdemeanor or a felony. Existing law defines, “credible threat” for this purpose as 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 the person’s safety or the safety of the person’s 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 their safety or the safety of their family.
This bill would include in the definition of credible threat an implied threat made through an act in which a defendant directly, indirectly, or through a third party, follows, harasses, monitors, or surveils the person by any action, method, device, or means, with the intent to place the person that is the target of the threat in reasonable fear for the person’s safety or the safety of the person’s 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 their safety or the safety of their family. By expanding the definition of a crime, this bill would impose a state-mandated local program. This bill also makes technical, nonsubstantive changes to these provisions.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 601 of the Penal Code is amended to read:601.
(a)(1) Within 30 days of the threat, unlawfully enters into the residence or real property contiguous to the residence of the person threatened without lawful purpose, and with the intent to execute the threat against the target of the threat.
(2) Within 30 days of the threat, knowing that the place is the threatened person’s workplace, unlawfully enters into the workplace of the person threatened and carries out an act or acts to locate the threatened person within the workplace premises without lawful purpose, and with the intent to execute the threat against the target of the threat.
(b) Subdivision (a) shall
does not apply if the residence, real property, or workplace described in paragraph (1) or (2) that is entered is the residence, real property, or workplace of the person making the threat.
(c) This section shall does not apply to any a person who is engaged in labor union activities which that are permitted to be carried out on the property
by the California Agricultural Labor Relations Act, Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code, or by the National Labor Relations Act.
(d) A violation of this section shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment.
SEC. 2.
Section 646.9 of the Penal Code is amended to read:646.9.
(a)(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 A 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. the following definitions apply:
(f)For the purposes of this section, “course
(1) “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
(2) “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
or an act in which a defendant directly, indirectly, or through a third party, follows, harasses, monitors, or surveils the person by any action, method, device, or means, with the intent to place the person that is the target of the threat in reasonable fear for his or her the person’s safety or the safety of his or her the person’s 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
their safety or the safety of his or her their 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
(3) “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.
(4) “Follow” has the same meaning as in Section 1708.7 of the Civil Code.
(5) “Harasses” means to engage 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.
(6) “Immediate family”
means a spouse, parent, child, a person related by consanguinity or affinity within the second degree, or another person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.
(i)
(f) This section shall does not apply to conduct that occurs during labor picketing.
(j)
(g) 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 waive the counseling requirement shall not be imposed.
requirement.
(k)
(h) (1) The sentencing court also shall consider issuing an order restraining the defendant from any contact with the victim, that victim. The order 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
the victim’s immediate family.
(2) This A 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 spouse, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or
who, within the prior six months, regularly resided in the household.
(m)
(i) 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.
