Amended in Senate April 9, 2013

Senate Bill No. 606

Introduced by Senator De León

February 22, 2013

An act to amend Section begin delete 16220 end delete begin insert 11414 end insert of the Penal Code, relating to begin delete deadly weapons. end delete begin insert harassment. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 606, as amended, De León. begin delete Deadly weapons: ballistic knives. end delete begin insert Harassment: child or ward. end insert

begin insert

Under existing law, any person who intentionally harasses the child or ward of any other person because of that person’s employment is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding 6 months, or by a fine not exceeding $1,000, or both. Under existing law that crime is punishable by mandatory imprisonment in a county jail for not less than 5 days for a 2nd conviction, and by mandatory imprisonment in a county jail for not less than 30 days for a 3rd or subsequent conviction.

end insert begin insert

This bill would make a violation of the above provisions punishable by imprisonment in a county jail not exceeding one year or by imprisonment in a county jail for 16 months, or 2 or 3 years for a first conviction. For a 2nd conviction, the bill would require a fine not exceeding $10,000 and either imprisonment in county jail for a period of not less than 5 days but not exceeding one year or by imprisonment in a county jail for 16 months, or 2 or 3 years. For a 3rd or subsequent conviction, the bill would require a fine not exceeding $10,000 and either imprisonment in county jail for a period of not less than 30 days but not exceeding one year or by imprisonment in a county jail for 16 months, or 2 or 3 years. The bill would specify that harassment may include any actual or attempted recording of the child’s image or voice without the written consent of the child’s parent or legal guardian, by following the child’s activities or lying in wait. The bill would specify that a violation of the above provisions would give rise to civil liability in an action for damages, as specified.

end insert begin insert

By increasing the punishment for a crime and imposing new duties on local prosecutors, this bill would impose a state-mandated local program.

end insert begin insert

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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert begin delete

Existing law generally makes it a crime to manufacture, import, keep for sale, offer or expose for sale, give, lend, or possess any ballistic knife. Under existing law a ballistic knife is a nuisance. Existing law defines a ballistic knife as a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material, or compressed gas.

end delete begin delete

This bill would make a technical, nonsubstantive change to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 11414 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

11414.  

(a) Any person who intentionally harasses the child or
ward of any other person because of that person’s begin delete employment, is
guilty of a misdemeanor. end delete begin insert employment shall be punished by
imprisonment in a county jail not exceeding one year or by
imprisonment pursuant to subdivision (h) of Section 1170. end insert

(b) For purposes of this section, the following definitions shall
apply:

(1) “Child” and “ward” mean a person under begin delete the age of end delete 16 years
begin insert of age end insert .

(2) “Harasses” means knowing and willful conduct directed at
a specific child that seriously alarms, annoys, torments, or terrorizes
the child, and that serves no legitimate begin delete purpose. end delete begin insert purpose, including,
but not limited to, any actual or attempted recording of the child’s
image or voice, or both, without the written consent of the child’s
parent or legal guardian, by following the child’s activities or
lying in wait. end insert The conduct must be such as would cause a
reasonable child to suffer substantial emotional distress, and
actually cause the victim to suffer substantial emotional distress.

begin insert

(3) “Employment” means the job, vocation, occupation, or
profession of the parent or legal guardian of the child or ward.

end insert

(c) A second conviction under this section shall be punished by
begin insert a fine not exceeding ten thousand dollars ($10,000) and by either end insert
imprisonment in a county jail for not less than five days begin insert but not
exceeding one year or by imprisonment pursuant to subdivision
(h) of Section 1170 end insert . A third or subsequent conviction under this
section shall be punished by begin insert a fine not exceeding ten thousand
dollars ($10,000) and by either end insert imprisonment in a county jail for
not less than 30 days begin insert but not exceeding one year or by
imprisonment pursuant to subdivision (h) of Section 1170 end insert .

begin insert

(d) A violation of this section shall also give rise to civil liability
in an action for damages in which the parent or legal guardian of
the child may seek actual damages, disgorgement of profits,
punitive damages, reasonable attorney’s fees, and costs.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

Section 16220 of the Penal Code is amended to
read:

16220.  

As used in this part, “ballistic knife” means a device
which propels a knifelike blade as a projectile by means of a coil
spring, elastic material, or compressed gas. Ballistic knife does
not include any device that propels an arrow or a bolt by means
of any common bow, compound bow, crossbow, or underwater
speargun.

end delete