BILL NUMBER: SB 129	CHAPTERED  07/10/08

	CHAPTER  109
	FILED WITH SECRETARY OF STATE  JULY 10, 2008
	APPROVED BY GOVERNOR  JULY 10, 2008
	PASSED THE SENATE  JANUARY 30, 2008
	PASSED THE ASSEMBLY  JUNE 26, 2008
	AMENDED IN SENATE  JANUARY 17, 2008
	AMENDED IN SENATE  MARCH 15, 2007

INTRODUCED BY   Senator Kuehl

                        JANUARY 24, 2007

   An act to amend Section 653m of the Penal Code, relating to
criminal communications.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 129, Kuehl. Criminal communications.
   Existing law makes it a misdemeanor punishable by a maximum of 6
months in the county jail or a $1,000 fine or both for a person to
make telephone calls or contact with an electronic communication
device with the intent to annoy another person at his or her
residence. Existing law additionally makes it a misdemeanor
punishable by a maximum of one year in the county jail or a $1,000
fine or both for a person to make telephone calls or contact with an
electronic communication device with the intent to annoy another
person at his or her place of work if one of 2 specified
circumstances exist.
   This bill would, instead, make it a misdemeanor punishable by a
maximum of 6 months in the county jail or a $1,000 fine or both for a
person to make telephone calls or contact with an electronic
communication device, as defined, with the intent to annoy another
person at any place.
   This bill would also provide that a person is subject to the
described penalties if the person knowingly permits any telephone or
electronic communication device under the person's control to be used
for the prohibited purpose.
   Because this bill would expand the scope of a crime, it 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.


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

  SECTION 1.  Section 653m of the Penal Code is amended to read:
   653m.  (a) Every person who, with intent to annoy, telephones or
makes contact by means of an electronic communication device with
another and addresses to or about the other person any obscene
language or addresses to the other person any threat to inflict
injury to the person or property of the person addressed or any
member of his or her family, is guilty of a misdemeanor. Nothing in
this subdivision shall apply to telephone calls or electronic
contacts made in good faith.
   (b) Every person who, with intent to annoy or harass, makes
repeated telephone calls or makes repeated contact by means of an
electronic communication device, or makes any combination of calls or
contact, to another person is, whether or not conversation ensues
from making the telephone call or contact by means of an electronic
communication device, guilty of a misdemeanor. Nothing in this
subdivision shall apply to telephone calls or electronic contacts
made in good faith or during the ordinary course and scope of
business.
   (c) Any offense committed by use of a telephone may be deemed to
have been committed when and where the telephone call or calls were
made or received. Any offense committed by use of an electronic
communication device or medium, including the Internet, may be deemed
to have been committed when and where the electronic communication
or communications were originally sent or first viewed by the
recipient.
   (d) Subdivision (a) or (b) is violated when the person acting with
intent to annoy makes a telephone call or contact by means of an
electronic communication device requesting a return call and performs
the acts prohibited under subdivision (a) or (b) upon receiving the
return call.
   (e) Subdivision (a) or (b) is violated when a person knowingly
permits any telephone or electronic communication under the person's
control to be used for the purposes prohibited by those subdivisions.

   (f) If probation is granted, or the execution or imposition of
sentence is suspended, for any person convicted under this section,
the court may order as a condition of probation that the person
participate in counseling.
   (g) For purposes of this section, the term "electronic
communication device" includes, but is not limited to, telephones,
cellular phones, computers, video recorders, facsimile machines,
pagers, personal digital assistants, smartphones, and any other
device that transfers signs, signals, writing, images, sounds, or
data. "Electronic communication device" also includes, but is not
limited to, videophones, TTY/TDD devices, and all other devices used
to aid or assist communication to or from deaf or disabled persons.
"Electronic communication" has the same meaning as the term defined
in Subsection 12 of Section 2510 of Title 18 of the United States
Code.
  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.