Bill Text: CA AB2327 | 2015-2016 | Regular Session | Amended

California Assembly Bill 2327 (Prior Session Legislation)

Bill Title: Contacting or communicating with a minor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB2327 Detail]

Download: California-2015-AB2327-Amended.html

BILL NUMBER: AB 2327	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2016

INTRODUCED BY   Assembly Member Cooley

                        FEBRUARY 18, 2016

   An act to amend Section 288.3 of the Penal Code, relating to
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2327, as amended, Cooley. Contacting or communicating with a
minor.
   Existing law, as added by Proposition 83 of the November 7, 2006,
statewide general election, makes it a crime for a person to contact
or communicate with a minor, or attempt to contact or communicate
with a minor, who knows or reasonably should know that the person is
a minor, with intent to commit a specified offense involving the
minor, including, among other offenses, kidnaping and rape.
Proposition 83 provides that the Legislature may amend the provisions
of the act to expand the scope of their application or increase the
punishment or penalties by a statute passed by a majority vote of
each house of the Legislature.
   This bill would additionally make it a crime to contact or
communicate with a minor, or attempt to contact or communicate with a
minor, as specified, with the intent to commit human trafficking
 of, or unlawful sexual intercourse with,   of
 the minor. By expanding the definition of a crime, the bill
would 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 288.3 of the Penal Code is amended to read:
   288.3.  (a) A person who contacts or communicates with a minor, or
attempts to contact or communicate with a minor, who knows or
reasonably should know that the person is a minor, with intent to
commit an offense specified in subdivision (c) of Section 236.1 or
Section 207, 209, 261,  261.5,  264.1, 273a, 286,
288, 288a, 288.2, 289, 311.1, 311.2, 311.4 or 311.11 involving the
minor shall be punished by imprisonment in the state prison for the
term prescribed for an attempt to commit the intended offense.
   (b) As used in this section, "contacts or communicates with" shall
include direct and indirect contact or communication that may be
achieved personally or by use of an agent or agency, any print
medium, any postal service, a common carrier or communication common
carrier, any electronic communications system, or any
telecommunications, wire, computer, or radio communications device or
system.
   (c) A person convicted of a violation of subdivision (a) who has
previously been convicted of a violation of subdivision (a) shall be
punished by an additional and consecutive term of imprisonment in the
state prison for five years.
  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.