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

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

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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-Introduced.html

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BILL NUMBER: AB 157	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Campos

                        JANUARY 22, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 157, as introduced, Campos. Protective orders: false
impersonation.
   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 additionally authorize a court to issue an ex
parte order enjoining a party from falsely impersonating 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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,  falsely impersonating,  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.
  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.