Bill Text: CA SB834 | 2009-2010 | Regular Session | Chaptered

California Senate Bill 834 (Prior Session Legislation)

Bill Title: Court orders: minor victims: prohibitions on

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-30 - Chaptered by Secretary of State. Chapter 627, Statutes of 2010. [SB834 Detail]

Download: California-2009-SB834-Chaptered.html

BILL NUMBER: SB 834	CHAPTERED
	BILL TEXT

	CHAPTER  627
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2010
	PASSED THE SENATE  JUNE 3, 2010
	PASSED THE ASSEMBLY  AUGUST 23, 2010
	AMENDED IN SENATE  JUNE 1, 2010
	AMENDED IN SENATE  APRIL 13, 2010
	AMENDED IN SENATE  MARCH 25, 2010

INTRODUCED BY   Senator Florez

                        JANUARY 4, 2010

   An act to add Section 1201.3 to the Penal Code, relating to court
orders.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 834, Florez. Court orders: minor victims: prohibitions on
communications.
   Existing law authorizes various postconviction orders by the
court.
   This bill would authorize the court, upon the conviction of a
defendant for a sexual offense involving a minor victim, or if a
juvenile petition involving a sexual offense against a minor victim
is admitted or sustained, to issue orders prohibiting the defendant
or juvenile, for a period up to 10 years, from harassing,
intimidating, or threatening the victim, or the victim's family
members or spouse.
   Violation of these orders would be punishable as criminal
contempt.


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

  SECTION 1.  Section 1201.3 is added to the Penal Code, to read:
   1201.3.  (a) Upon the conviction of a defendant for a sexual
offense involving a minor victim, or in the case of a minor appearing
in juvenile court if a petition is admitted or sustained for a
sexual offense involving a minor victim, the court is authorized to
issue orders that would prohibit the defendant or juvenile, for a
period up to 10 years, from harassing, intimidating, or threatening
the victim or the victim's family members or spouse.
   (b) No order issued pursuant to this section shall be interpreted
to apply to counsel acting on behalf of the defendant or juvenile, or
to investigators working on behalf of counsel, in an action relating
to a conviction, petition in juvenile court, or any civil action
arising therefrom, provided however, that no counsel or investigator
shall harass or threaten any person protected by an order issued
pursuant to subdivision (a).
   (c) Notice of the intent to request an order pursuant to this
section shall be given to counsel for the defendant or juvenile by
the prosecutor or the court at the time of conviction, or disposition
of the petition in juvenile court, and counsel shall have adequate
time in which to respond to the request before the order is made.
   (d) A violation of an order issued pursuant to subdivision (a) is
punishable as provided in Section 166.