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

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-Amended.html

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BILL NUMBER: AB 157	AMENDED
	BILL TEXT

	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, as amended, 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.
   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, 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. 

  SECTION 1.    Section 6320 of the Family Code is
amended to read:
   6320.  
   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. 2.   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.