Bill Text: CA AB157 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Protective orders: credibly impersonating and falsely personating.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-09-09 - Chaptered by Secretary of State - Chapter 260, Statutes of 2013. [AB157 Detail]

Download: California-2013-AB157-Chaptered.html

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BILL NUMBER: AB 157	CHAPTERED
	BILL TEXT

	CHAPTER  260
	FILED WITH SECRETARY OF STATE  SEPTEMBER 9, 2013
	APPROVED BY GOVERNOR  SEPTEMBER 9, 2013
	PASSED THE SENATE  AUGUST 19, 2013
	PASSED THE ASSEMBLY  MAY 2, 2013
	AMENDED IN ASSEMBLY  APRIL 22, 2013
	AMENDED IN ASSEMBLY  APRIL 8, 2013

INTRODUCED BY   Assembly Member Campos

                        JANUARY 22, 2013

   An act to amend, repeal, and add Section 6320 of the Family Code,
relating to protective orders.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 157, Campos. Protective orders: credibly impersonating and
falsely personating.
   Existing law authorizes a court to issue an ex parte order
enjoining a party from engaging in specified acts against another
party, including threatening or harassing that party, and, in the
discretion of the court, against other named family or household
members. A violation of this court order constitutes contempt of
court, which is punishable as a misdemeanor.
   This bill would, commencing July 1, 2014, additionally authorize a
court to issue an ex parte order enjoining a party from credibly
impersonating or falsely personating another party.
   Because a violation of this court order would be punishable as
contempt, a misdemeanor, this bill would create a new crime and would
thereby 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.


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

  SECTION 1.  Section 6320 of the Family Code is amended to read:
   6320.  (a) The court may issue an ex parte order enjoining a party
from molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, harassing, telephoning, including, but not
limited to, making annoying telephone calls as described in Section
653m of the Penal Code, destroying personal property, contacting,
either directly or indirectly, by mail or otherwise, coming within a
specified distance of, or disturbing the peace of the other party,
and, in the discretion of the court, on a showing of good cause, of
other named family or household members.
   (b) On a showing of good cause, the court may include in a
protective order a grant to the petitioner of the exclusive care,
possession, or control of any animal owned, possessed, leased, kept,
or held by either the petitioner or the respondent or a minor child
residing in the residence or household of either the petitioner or
the respondent. The court may order the respondent to stay away from
the animal and forbid the respondent from taking, transferring,
encumbering, concealing, molesting, attacking, striking, threatening,
harming, or otherwise disposing of the animal.
   (c) This section shall remain in effect only until July 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2014, deletes or extends that date.
  SEC. 2.  Section 6320 is added to the Family Code, to read:
   6320.  (a) The court may issue an ex parte order enjoining a party
from molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, credibly impersonating as described in
Section 528.5 of the Penal Code, falsely personating as described in
Section 529 of the Penal Code, harassing, telephoning, including, but
not limited to, making annoying telephone calls as described in
Section 653m of the Penal Code, destroying personal property,
contacting, either directly or indirectly, by mail or otherwise,
coming within a specified distance of, or disturbing the peace of the
other party, and, in the discretion of the court, on a showing of
good cause, of other named family or household members.
   (b) On a showing of good cause, the court may include in a
protective order a grant to the petitioner of the exclusive care,
possession, or control of any animal owned, possessed, leased, kept,
or held by either the petitioner or the respondent or a minor child
residing in the residence or household of either the petitioner or
the respondent. The court may order the respondent to stay away from
the animal and forbid the respondent from taking, transferring,
encumbering, concealing, molesting, attacking, striking, threatening,
harming, or otherwise disposing of the animal.
   (c) This section shall become operative on July 1, 2014.
  SEC. 3.  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.