BILL NUMBER: SB 834	AMENDED
	BILL TEXT

	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, as amended, 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  an   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,  or
any person acting on behalf of, or at the request of, the defendant
or juvenile, from having any contact or communications with the
victim or the victim's family members, spouse, coworkers, or any
other person designated by the court who has a social relationship
with the victim. The bill would also authorize exceptions to those
orders following a noticed hearing, as specified   for a
period up to 10 years, from harassing, intimidating, or threatening
the victim, victim's family members, spouse, or coworkers, or
requesting, encouraging, or instructing anyone to harass, intimidate,
or threaten the same  .
   Violation of these orders would be punishable as criminal
contempt.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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  an
  a sexual  offense involving a minor victim, or in
the case of a minor appearing in juvenile court whose petition is
admitted or sustained for  an   a sexual 
offense involving a minor victim, the court is authorized to issue
orders that would do either or both of the following:
   (1) Prohibit the defendant or juvenile  from having any
contact or communications with   , for a period up to 10
years, from harassing, intimidating, or threatening  the victim
or the victim's family members, spouse,  coworkers, or any
other person designated by the court who has a social relationship
with the victim.   or coworkers.  
   (2) Prohibit any person acting on behalf of, or at the request of,
the defendant or juvenile from having any contact or communications
with the victim or the victim's family members, spouse, coworkers, or
any other person designated by the court who has a social
relationship with the victim.  
   (b) The court may authorize any person subject to an order issued
pursuant to subdivision (a) to contact or communicate with the victim
or victim's family members, spouse, coworkers, or any other person
designated by the court who has a social relationship with the victim
if there is a noticed hearing as follows:  
   (1) Notice of the hearing is served not less than three days prior
to the hearing on the victim, on all persons whom the victim has
designated for receipt of notice, and on the prosecuting attorney.
 
   (2) Good cause for authorizing the contact or communication is
shown at the hearing.  
   (c) Notwithstanding subdivision (b), no person authorized to make
contact or communicate with a person pursuant to subdivision (b)
shall annoy, harass, or threaten any person protected by an order
issued pursuant to subdivision (a).  
   (2) Prohibit the defendant or juvenile, for a period up to 10
years, from requesting, encouraging, or instructing anyone to harass,
intimidate, or threaten the victim or the victim's family members,
spouse, or coworkers.  
   (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.