Bill Text: CA AB1356 | 2013-2014 | Regular Session | Chaptered
Bill Title: Stalking: remedies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-30 - Chaptered by Secretary of State - Chapter 853, Statutes of 2014. [AB1356 Detail]
Download: California-2013-AB1356-Chaptered.html
BILL NUMBER: AB 1356 CHAPTERED
BILL TEXT
CHAPTER 853
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2014
APPROVED BY GOVERNOR SEPTEMBER 30, 2014
PASSED THE SENATE AUGUST 25, 2014
PASSED THE ASSEMBLY AUGUST 27, 2014
AMENDED IN SENATE JUNE 24, 2014
AMENDED IN ASSEMBLY JANUARY 17, 2014
AMENDED IN ASSEMBLY JANUARY 6, 2014
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Bloom
FEBRUARY 22, 2013
An act to amend Section 1708.7 of the Civil Code, relating to
stalking.
LEGISLATIVE COUNSEL'S DIGEST
AB 1356, Bloom. Stalking: remedies.
Existing law provides that a person is liable for the tort of
stalking if he or she engaged in a pattern of conduct intended to
follow, alarm, or harass the plaintiff, that resulted in the
plaintiff reasonably fearing for his or her safety, or the safety of
an immediate family member, and the defendant has either made a
credible threat with the intent to place the plaintiff in reasonable
fear for his or her safety, or that of an immediate family member or
has violated a restraining order, as specified.
This bill would include a pattern of conduct intended to place the
plaintiff under surveillance within those elements defining the tort
of stalking. The bill would permit the plaintiff to show, as an
alternative to the plaintiff reasonably fearing for his or her safety
or that of a family member, that the pattern of conduct resulted in
the plaintiff suffering substantial emotional distress, and that the
pattern of conduct would cause a reasonable person to suffer
substantial emotional distress. The bill would require the plaintiff
to show that the person has either made a credible threat with the
intent to place the plaintiff in reasonable fear for his or her
safety, or that of an immediate family member, or, reckless disregard
for the safety of the plaintiff or that of an immediate family
member. The bill would relieve the plaintiff, under exigent
circumstances, as specified, of the requirement to demand that the
defendant cease his or her behavior. The bill would also define the
terms "follows," "place under surveillance," and "substantial
emotional distress" for purposes of these provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1708.7 of the Civil Code is amended to read:
1708.7. (a) A person is liable for the tort of stalking when the
plaintiff proves all of the following elements of the tort:
(1) The defendant engaged in a pattern of conduct the intent of
which was to follow, alarm, place under surveillance, or harass the
plaintiff. In order to establish this element, the plaintiff shall be
required to support his or her allegations with independent
corroborating evidence.
(2) As a result of that pattern of conduct, either of the
following occurred:
(A) The plaintiff reasonably feared for his or her safety, or the
safety of an immediate family member. For purposes of this
subparagraph, "immediate family" means a spouse, parent, child, any
person related by consanguinity or affinity within the second degree,
or any person who regularly resides, or, within the six months
preceding any portion of the pattern of conduct, regularly resided,
in the plaintiff's household.
(B) The plaintiff suffered substantial emotional distress, and the
pattern of conduct would cause a reasonable person to suffer
substantial emotional distress.
(3) One of the following:
(A) The defendant, as a part of the pattern of conduct specified
in paragraph (1), made a credible threat with either (i) the intent
to place the plaintiff in reasonable fear for his or her safety, or
the safety of an immediate family member, or (ii) reckless disregard
for the safety of the plaintiff or that of an immediate family
member. In addition, the plaintiff must have, on at least one
occasion, clearly and definitively demanded that the defendant cease
and abate his or her pattern of conduct and the defendant persisted
in his or her pattern of conduct unless exigent circumstances make
the plaintiff's communication of the demand impractical or unsafe.
(B) The defendant violated a restraining order, including, but not
limited to, any order issued pursuant to Section 527.6 of the Code
of Civil Procedure, prohibiting any act described in subdivision (a).
(b) For the purposes of this section:
(1) "Pattern of conduct" means conduct composed of a series of
acts over a period of time, however short, evidencing a continuity of
purpose. Constitutionally protected activity is not included within
the meaning of "pattern of conduct."
(2) "Credible threat" means a verbal or written threat, including
that communicated by means of an electronic communication device, or
a threat implied by a pattern of conduct, including, but not limited
to, acts in which a defendant directly, indirectly, or through third
parties, by any action, method, device, or means, follows, harasses,
monitors, surveils, threatens, or interferes with or damages the
plaintiff's property, or a combination of verbal, written, or
electronically communicated statements and conduct, made with the
intent and 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 immediate family.
(3) "Electronic communication device" includes, but is not limited
to, telephones, cellular telephones, 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) "Follows" means to move in relative proximity to a person as
that person moves from place to place or to remain in relative
proximity to a person who is stationary or whose movements are
confined to a small area but does not include following the plaintiff
within the residence of the defendant. For purposes of the liability
created by subdivision (a), "follows" does not include any lawful
activity of private investigators licensed pursuant to Article 3
(commencing with Section 7520) of Chapter 11.3 of Division 3 of the
Business and Professions Code, or of law enforcement personnel or
employees of agencies, either public or private, who, in the course
and scope of their employment, encourage or attempt to engage in any
conduct or activity to obtain evidence of suspected illegal activity
or other misconduct, suspected violation of any administrative rule
or regulation, suspected fraudulent conduct, or any suspected
activity involving a violation of law or business practice or conduct
of a public official that adversely affects public welfare, health,
or safety. For purposes of the liability created by subdivision (a),
"follows" also does not include any newsgathering conduct connected
to a newsworthy event.
(5) "Harass" means a knowing and willful course of conduct
directed at a specific person which seriously alarms, annoys,
torments, or terrorizes the person, and which serves no legitimate
purpose. The course of conduct must be such as would cause a
reasonable person to suffer substantial emotional distress, and must
actually cause substantial emotional distress to the person.
(6) "Place under surveillance" means remaining present outside of
the plaintiff's school, place of employment, vehicle, residence,
other than the residence of the defendant, or other place occupied by
the plaintiff. For purposes of the liability created by subdivision
(a), "place under surveillance" does not include any lawful activity
of private investigators licensed pursuant to Article 3 (commencing
with Section 7520) of Chapter 11.3 of Division 3 of the Business and
Professions Code, or of law enforcement personnel or employees of
agencies, either public or private, who, in the course and scope of
their employment, encourage or attempt to engage in any conduct or
activity to obtain evidence of suspected illegal activity or other
misconduct, suspected violation of any administrative rule or
regulation, suspected fraudulent conduct, or any suspected activity
involving a violation of law or business practice or conduct of a
public official that adversely affects public welfare, health, or
safety. For purposes of the liability created by subdivision (a),
"place under surveillance" also does not include any newsgathering
conduct connected to a newsworthy event.
(7) "Substantial emotional distress" shall not be construed to
have the same meaning as the "severe emotional distress" requirement
for intentional infliction of emotional distress. "Substantial
emotional distress" does not require a showing of physical
manifestations of emotional distress; rather, it requires the
evaluation of the totality of the circumstances to determine whether
the defendant reasonably caused the plaintiff substantial fear,
anxiety, or emotional torment.
(c) A person who commits the tort of stalking upon another is
liable to that person for damages, including, but not limited to,
general damages, special damages, and punitive damages pursuant to
Section 3294.
(d) In an action pursuant to this section, the court may grant
equitable relief, including, but not limited to, an injunction.
(e) The rights and remedies provided in this section are
cumulative and in addition to any other rights and remedies provided
by law.
(f) This section shall not be construed to impair any
constitutionally protected activity, including, but not limited to,
speech, protest, and assembly.
(g) This act is an exercise of the police power of the state for
the protection of the health, safety, and welfare of the people of
the State of California, and shall be liberally construed to
effectuate those purposes.
