BILL NUMBER: SB 255	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 7, 2013

INTRODUCED BY   Senator Cannella

                        FEBRUARY 13, 2013

   An act to  amend Section 78581 of the Food and
Agricultural Code, relating to agriculture   amend
Section 653.2 of the Penal Code, relating to crimes, and declaring
the urgency thereof, to take effect immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 255, as amended, Cannella.  Agriculture: California
Seafood Council.  Electronic communication devices:
prohibited distribution of personal information.  
   Existing law makes it a crime for a person who, with the intent to
place another person in reasonable fear for his or her safety, or
the safety of the other person's immediate family, by means of an
electronic communication device, and without consent of the other
person, and for the purpose of imminently causing that other person
unwanted contact, injury, or harassment by a 3rd party, distributes
specified identifying information that would be likely to incite or
produce that unlawful action.  
   This bill would make it a misdemeanor for any person who, with the
intent to cause substantial emotional distress or humiliation to
another person, by means of an electronic communication device, and
without consent of the other person, electronically distributes,
publishes, emails, hyperlinks, or makes available for downloading
nude images of the other person along with personal identifying
information of the other person.  
   By creating a new crime, this bill 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.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   Existing law requires the Secretary of Food and Agriculture to
take various actions with respect to agricultural marketing advisory
and promotional councils and commissions, including the California
Seafood Council.  
   This bill would make nonsubstantive changes to those provisions
relating to the California Seafood Council. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program:  no   yes  .


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

   SECTION 1.    Section 653.2 of the   Penal
Code   is amended to read: 
   653.2.  (a)  (1)    Every person who, with
intent to place another person in reasonable fear for his or her
safety, or the safety of the other person's immediate family, by
means of an electronic communication device, and without consent of
the other person, and for the purpose of imminently causing that
other person unwanted physical contact, injury, or harassment, by a
third party, electronically distributes, publishes, e-mails,
hyperlinks, or makes available for downloading, personal identifying
information, including, but not limited to, a digital image of
another person, or an electronic message of a harassing nature about
another person, which would be likely to incite or produce that
unlawful action, is guilty of a misdemeanor punishable by up to one
year in a county jail, by a fine of not more than one thousand
dollars ($1,000), or by both that fine and imprisonment. 
   (2) Every person who, with the intent to cause substantial
emotional distress or humiliation, by means of an electronic
communication device, and without consent of the other person,
electronically distributes, publishes, emails, hyperlinks, or makes
available for downloading nude images of the other person along with
personal identifying information of the other person, is guilty of a
misdemeanor punishable by up to one year in a county jail, by a fine
of not more than one thousand dollars ($1,000), or by both that fine
and imprisonment. 
   (b) For purposes of this section, "electronic communication device"
includes, but is not limited to, telephones, cell phones, computers,
Internet Web pages or sites, Internet phones, hybrid
cellular/Internet/wireless devices, personal digital assistants
(PDAs), video recorders, fax machines, or pagers. "Electronic
communication" has the same meaning as the term is defined in Section
2510(12) of Title 18 of the United States Code.
   (c) For purposes of this section, the following terms apply:
   (1) "Harassment" means a knowing and willful course of conduct
directed at a specific person that a reasonable person would consider
as seriously alarming, seriously annoying, seriously tormenting, or
seriously terrorizing the person and that serves no legitimate
purpose.
   (2) "Of a harassing nature" means of a nature that a reasonable
person would consider as seriously alarming, seriously annoying,
seriously tormenting, or seriously terrorizing of the person and that
serves no legitimate purpose.
   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. 
   SEC. 3.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to protect the privacy of the public and the safety of
the public at the earliest possible time, it is necessary for this
act to take effect immediately.  
  SECTION 1.    Section 78581 of the Food and
Agricultural Code is amended to read:
   78581.  (a) If the secretary finds that a favorable vote has been
given, the secretary shall certify and give notice of the favorable
vote to all receivers whose names and addresses are on file with the
secretary.
   (b) If the secretary finds that a favorable vote has not been
given, the secretary shall so certify and declare this chapter
inoperative. The secretary shall also notify the appropriate policy
committees in both the Assembly and Senate that the chapter is
inoperative.