Amended in Assembly April 8, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 157

Introduced by Assembly Member Campos

January 22, 2013

An act to amend Section 6320 of the Family Code, relating to protective orders.

LEGISLATIVE COUNSEL’S DIGEST

AB 157, as amended, Campos. Protective orders: begin delete false impersonation. end delete begin insert credibly impersonating and falsely personating. end insert

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 begin insert credibly impersonating or end insert falsely begin delete impersonating end delete begin insert personating end insert 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 1.  

Section 6320 of the Family Code is amended to
read:

6320.  

(a) The court may issue an ex parte order enjoining a
party from molesting, attacking, striking, stalking, threatening,
sexually assaulting, battering, begin insert credibly impersonating as described
in Section 528.5 of the Penal Code, end insert falsely begin delete impersonating, end delete begin insert end insert
begin insert personating as described in Section 529 of the Penal Code, end insert
harassing, telephoning, including, but not limited to, making
annoying telephone calls as described in Section 653m of the Penal
Code, destroying personal property, contacting, either directly or
indirectly, by mail or otherwise, coming within a specified distance
of, or disturbing the peace of the other party, and, in the discretion
of the court, on a showing of good cause, of other named family
or household members.

(b) On a showing of good cause, the court may include in a
protective order a grant to the petitioner of the exclusive care,
possession, or control of any animal owned, possessed, leased,
kept, or held by either the petitioner or the respondent or a minor
child residing in the residence or household of either the petitioner
or the respondent. The court may order the respondent to stay away
from the animal and forbid the respondent from taking, transferring,
encumbering, concealing, molesting, attacking, striking,
threatening, harming, or otherwise disposing of the animal.

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.