AB 157, as introduced, Campos. Protective orders: false impersonation.
Existing law authorizes a court to issue an ex parte order enjoining a party from engaging in specified acts against another party, including threatening or harassing that party, and, in the discretion of the court, against other named family or household members. A violation of this court order constitutes contempt of court, which is punishable as a misdemeanor.
This bill would additionally authorize a court to issue an ex parte order enjoining a party from falsely impersonating another party.
Because a violation of this court order would be punishable as contempt, a misdemeanor, this bill would create a new crime and would thereby 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 6320 of the Family Code is amended to
2read:
(a) The court may issue an ex parte order enjoining a
4party from molesting, attacking, striking, stalking, threatening,
5sexually assaulting, battering,begin insert falsely impersonating,end insert harassing,
6telephoning, including, but not limited to, making annoying
7telephone calls as described in Section 653m of the Penal Code,
8destroying personal property, contacting, either directly or
9indirectly, by mail or otherwise, coming within a specified distance
10of, or disturbing the peace of the other party, and, in the discretion
11of the court, on a showing of good cause, of other named family
12or household members.
13(b) On a showing of good cause, the court may include in a
14protective
order a grant to the petitioner of the exclusive care,
15possession, or control of any animal owned, possessed, leased,
16kept, or held by either the petitioner or the respondent or a minor
17child residing in the residence or household of either the petitioner
18or the respondent. The court may order the respondent to stay away
19from the animal and forbid the respondent from taking, transferring,
20encumbering, concealing, molesting, attacking, striking,
21threatening, harming, or otherwise disposing of the animal.
No reimbursement is required by this act pursuant to
23Section 6 of Article XIII B of the California Constitution because
24the only costs that may be incurred by a local agency or school
25district will be incurred because this act creates a new crime or
26infraction, eliminates a crime or infraction, or changes the penalty
27for a crime or infraction, within the meaning of Section 17556 of
28the Government Code, or changes the definition of a crime within
29the meaning of Section 6 of Article XIII B of the California
30Constitution.
O
99