Bill Text: CA AB1982 | 2013-2014 | Regular Session | Amended
Bill Title: Stalking.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-23 - In committee: Set, second hearing. Held under submission. [AB1982 Detail]
Download: California-2013-AB1982-Amended.html
BILL NUMBER: AB 1982 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2014
AMENDED IN ASSEMBLY APRIL 2, 2014
INTRODUCED BY Assembly Member Ting
FEBRUARY 19, 2014
An act to amend Section 1109 of the Evidence Code, and to
amend Section 646.9 of the Penal Code, relating to
stalking.
LEGISLATIVE COUNSEL'S DIGEST
AB 1982, as amended, Ting. Stalking.
Under existing law, any 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 safety, or the safety of his
or her 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 $1,000, or by both that fine and
imprisonment, or by imprisonment in the state prison. Existing law
provides that a person who violates these provisions after having
been convicted of certain other crimes is subject to additional
punishment, as specified.
This bill would instead provide that a person is guilty of the
crime of stalking when that person makes a credible threat and
willfully engages in a course of conduct, as defined, directed
at a specific person or group of persons and knows or should have
known that the course of conduct would cause a reasonable person to
fear for his or her safety or the safety of his or her immediate
family. For those purposes, the bill would include in the definition
of "immediate family" a domesticated pet. By changing the definition
of a crime, the bill would impose a state-mandated local program.
Under existing law, evidence of a person's character or a trait of
his or her character is inadmissible when offered to prove his or
her conduct on a particular occasion, except as specified. Existing
law provides, however, that when a defendant is accused of an offense
involving domestic violence in a criminal action, evidence of the
defendant's commission of other domestic violence may be admitted to
prove the defendant's conduct, except when the court exercises its
discretion to exclude the evidence of prior acts, as specified.
This bill would provide that when a defendant is accused of an
offense involving stalking in a criminal action, evidence of the
defendant's prior acts of stalking may be admitted to prove the
defendant's conduct, except as specified.
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 1109 of the Evidence Code is
amended to read:
1109. (a) (1) Except as provided in subdivision (e) or (f), in a
criminal action in which the defendant is accused of an offense
involving domestic violence, evidence of the defendant's commission
of other domestic violence is not made inadmissible by Section 1101
if the evidence is not inadmissible pursuant to Section 352.
(2) Except as provided in subdivision (e) or (f), in a criminal
action in which the defendant is accused of an offense involving
abuse of an elder or dependent person, evidence of the defendant's
commission of other abuse of an elder or dependent person is not made
inadmissible by Section 1101 if the evidence is not inadmissible
pursuant to Section 352.
(3) Except as provided in subdivision (e) or (f) and subject to a
hearing conducted pursuant to Section 352, which shall include
consideration of any corroboration and remoteness in time, in a
criminal action in which the defendant is accused of an offense
involving child abuse, evidence of the defendant's commission of
child abuse is not made inadmissible by Section 1101 if the evidence
is not inadmissible pursuant to Section 352. This paragraph does not
prohibit or limit the admission of evidence pursuant to subdivision
(b) of Section 1101.
(4) Except as provided in subdivision (e) or (f), in a criminal
action in which the defendant is accused of an offense involving
stalking, evidence of the defendant's commission of other acts of
stalking is not made inadmissible by Section 1101 if the evidence is
not inadmissible pursuant to Section 352.
(b) In an action in which evidence is to be offered under this
section, the people shall disclose the evidence to the defendant,
including statements of witnesses or a summary of the substance of
any testimony that is expected to be offered, in compliance with the
provisions of Section 1054.7 of the Penal Code.
(c) This section shall not limit or preclude the admission or
consideration of evidence under any other statute or case law.
(d) As used in this section:
(1) "Abuse of an elder or dependent person" means physical or
sexual abuse, neglect, financial abuse, abandonment, isolation,
abduction, or other treatment that results in physical harm, pain, or
mental suffering, the deprivation of care by a caregiver, or other
deprivation by a custodian or provider of goods or services that are
necessary to avoid physical harm or mental suffering.
(2) "Child abuse" means an act proscribed by Section 273d of the
Penal Code.
(3) "Domestic violence" has the meaning set forth in Section 13700
of the Penal Code. Subject to a hearing conducted pursuant to
Section 352, which shall include consideration of any corroboration
and remoteness in time, "domestic violence" has the further meaning
as set forth in Section 6211 of the Family Code if the act occurred
no more than five years before the charged offense.
(4) "Stalking" has the meaning set forth in Section 646.9 of the
Penal Code.
(e) Evidence of acts occurring more than 10 years before the
charged offense is inadmissible under this section, unless the court
determines that the admission of this evidence is in the interest of
justice.
(f) Evidence of the findings and determinations of administrative
agencies regulating the conduct of health facilities licensed under
Section 1250 of the Health and Safety Code is inadmissible under this
section.
SEC. 2. SECTION 1. Section 646.9 of
the Penal Code is amended to read:
646.9. (a) A person who willfully, makes
a credible threat and willfully engages in a course of conduct
directed at a specific person or group of persons and knows or should
have known that the course of conduct would cause a reasonable
person to fear for his or her safety or the safety of his or her
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.
(b) 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) 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) 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, "course of conduct" means
two or more acts occurring over a period of time, however short,
evidencing a continuity of purpose. The conduct may include, but is
not limited to, acts committed directly, indirectly, electronically,
or through third parties. The conduct may also include, but is not
limited to, acts committed by any gesture, method, or device;
following, monitoring, observing, or physically or electronically
surveilling, threatening, or interfering with a person's property; or
identity theft of, false personation of, or communicating to or
about, a person. Constitutionally protected activity is not included
within the meaning of "course of conduct."
(f) For the purposes of this section, "credible threat" means a
verbal or written threat, including a threat conveyed 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
apparent ability to carry out the threat so that it would cause a
reasonable 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.
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 credible threat does not bar his or her prosecution under
this section. Constitutionally protected activity is not included
within the meaning of "credible threat."
(g) For purposes of this section, the term "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 Section 2510(12) of Title 18 of the United States Code.
(f)
(h) This section shall not apply to conduct that occurs
during labor picketing.
(g)
(i) If probation is granted, or the execution or
imposition of a sentence is suspended, for 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 the counseling
requirement shall not be imposed.
(h)
(j) (1) The sentencing court also shall consider
issuing an order restraining the defendant from any contact with the
victim, that 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
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 immediate family.
(2) This 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.
(i)
( k) For purposes of this section,
"immediate family" means a spouse, parent, child, domesticated pet, a
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.
(j)
(l) 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.
SEC. 3. 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.
