BILL NUMBER: AB 919	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 5, 2007
	AMENDED IN ASSEMBLY  APRIL 30, 2007
	AMENDED IN ASSEMBLY  APRIL 10, 2007

INTRODUCED BY   Assembly Member Houston

                        FEBRUARY 22, 2007

   An act to add Section 653.2 to the Penal Code, relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 919, as amended, Houston. Electronic communication devices:
threats to safety.
   Under existing law, any person who willfully, maliciously, and
repeatedly follows or harasses another person and makes a credible
threat, intended to place that person in fear for his or her safety
or the safety of his or her immediate family, is guilty of the crime
of stalking.
   This bill would make a person who, with the intent to place
another person in reasonable fear for his or her safety, or the
safety of the other person's immediate family, by means of an
electronic communication device, and without consent of the other
person, and for the purpose of causing that other person unwanted
contact, injury, or harassment by a 3rd party, distributes specified
identifying information, guilty of a misdemeanor. By creating a new
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 653.2 is added to the Penal Code, to read:
   653.2.  (a) Every person who, with intent to place another person
in reasonable fear for his or her safety, or the safety of the other
person's immediate family, by means of an electronic communication
device, and without consent of the other person, and for the purpose
of causing that other person unwanted physical contact, injury, or
harassment, by a third party, electronically distributes, publishes,
e-mails, hyperlinks, or makes available for downloading, personal
identifying information, including, but not limited to, a digital
image of another person, or an electronic message of a harassing
nature about another person, is guilty of a misdemeanor punishable by
up to one year in the county jail, by a fine of not more than one
thousand dollars ($1,000), or by both that fine and imprisonment.
   (b) For purposes of this section, the term "electronic
communication device" includes, but is not limited to, telephones,
cellular phones, computers, Internet Web pages or sites, Internet
phones, hybrid cellular/Internet/wireless devices, personal digital
assistants (PDA), video recorders, fax machines, or pagers.
"Electronic communication" has the same meaning as the term is
defined in Section 2510(12) of Title 18 of the United States Code.

   (c) For purposes of this section, the term "harassment" is defined
as a knowing and willful course of conduct directed at a specific
person that a reasonable person would consider as seriously alarming,
seriously annoying, seriously tormenting, or seriously terrorizing
the person and that serves no legitimate purpose.  
   (d) For purposes of this section, the term "of a harassing nature"
is defined as information that a reasonable person would consider as
seriously alarming, seriously annoying, seriously tormenting, or
seriously terrorizing the person and that serves no legitimate
purpose. 
  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.