BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 157
Author: Campos (D)
Amended: 4/22/13 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE : 6-0, 6/4/13
AYES: Evans, Anderson, Corbett, Jackson, Leno, Monning
NO VOTE RECORDED: Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 5/2/13 - See last page for vote
SUBJECT : Restraining orders
SOURCE : Author
DIGEST : This bill, commencing July 1, 2014, authorizes a
court to issue an ex parte order enjoining a party from credibly
impersonating or falsely personating another party.
ANALYSIS :
Existing law:
1.Establishes the Domestic Violence Prevention Act (Act), and
authorizes a court to issue a domestic violence protective
order enjoining a party from molesting, attacking, striking,
stalking, threatening, sexually assaulting, battering,
harassing, telephoning, destroying personal property, and
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other specified behaviors.
2.Provides that an impersonation is credible if another person
would reasonably believe, or did reasonably believe, that the
defendant was or is the person who was impersonated. Existing
law further provides that a credible impersonation online or
by electronic means is punishable as a misdemeanor.
3.Provides false personation is intentionally assuming the
identity of another person where it is likely that the person
whose identity was assumed could become liable to criminal
prosecution or a lawsuit, or be subject to a debt or penalty.
A crime is also committed where the defendant intentionally
assumed the identity of another person under circumstances
where a benefit "might accrue" to the defendant or any other
person.
4.Provides that one also commits false personation where he/she
assumes the identity of another person to (a) become a bail or
surety for any party, or (b) verify, publish, acknowledge, or
prove any written instrument, with the intent that the writing
be recorded, delivered, or used as true.
This bill adds false personation and credible impersonation, as
defined, to the list of activities for which a protective order
may be issued under the Domestic Violence Prevention Act.
Background
Despite numerous beneficial legislative measures, domestic
violence remains a significant problem, affecting an estimated
one in four families. "Abuse" under the Act encompasses a
number of different actions, including: (1) physically hurting
or trying to hurt someone; (2) sexual assault; (3) making
someone reasonably afraid that they or someone else are about to
be seriously hurt; (4) harassing, stalking, or threatening
someone; (5) disturbing someone's peace; or (6) destroying
someone's personal property. In addition, physical abuse, is
not limited to hitting, but may include any unwanted touching,
following a person, or keeping a person from freely coming and
going.
Comments
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According to the author's office, false impersonation and online
identity theft are increasingly becoming common tactics of abuse
for domestic violence victims. The popularity of Facebook,
Twitter and other online technologies and the ease with which
someone can create, assume and/or misuse another person's online
presence have provided a new and devastating tool for abusers.
As such, it is important that protective orders should evolve to
reflect the new technological realities.
This bill would help judges reviewing domestic violence
protective orders to know that "high- tech abuse" is clearly
considered abuse in the Family Code. This tactic of abuse
should be considered relevant to protective orders.
Prior Legislation
SB 1411 (Simitian, Chapter 335, Statutes of 2010), provided that
any person who knowingly and without consent credibly
impersonates another actual person through or on an Internet Web
site or by other electronic means, for purposes of harming,
intimidating, threatening, or defrauding another person is
guilty of a misdemeanor.
AB 1596 (Hayashi, Chapter 572, Statutes of 2010), implemented
recommendations from the Judicial Council's Protective Orders
Working Group and made various changes to protective order
statutes.
AB 99 (Cohn, Chapter 125, Statutes of 2005), extended the
duration of protective orders from three to five years.
AB 878 (Rogan, Chapter 598, Statutes of 1996), expanded the
definition of "abuse" for domestic violence purposes to include
stalking, annoying or harassing telephone calls, contact by mail
with the intent to annoy or harass, and the intentional
destruction of personal property.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/26/13)
Association of Certified Family Law Specialists
California Communities United Institute
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California Partnership to End Domestic Violence
California Police Chiefs Association
Executive Committee of the Family Law Section of the State Bar
of California
OPPOSITION : (Verified 6/26/13)
Department of Finance
ASSEMBLY FLOOR : 75-0, 5/2/13
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,
Gray, Grove, Hagman, Harkey, Roger Hernández, Holden,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin,
Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea,
V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner,
Stone, Ting, Torres, Wagner, Waldron, Weber, Wieckowski, Wilk,
Yamada, John A. Pérez
NO VOTE RECORDED: Atkins, Hall, Jones, Williams, Vacancy
AL:ej 7/3/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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