BILL ANALYSIS Ó
SB 606
Page 1
SENATE THIRD READING
SB 606 (De León)
As Amended August 19, 2013
Majority vote
SENATE VOTE :35-0
PUBLIC SAFETY 5-0 JUDICIARY 10-0
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|Ayes:|Ammiano, Jones-Sawyer, |Ayes:|Wieckowski, Wagner, |
| |Mitchell, Quirk, Skinner | |Alejo, Chau, Dickinson, |
| | | |Garcia, Gorell, |
| | | |Maienschein, Muratsuchi, |
| | | |Stone |
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APPROPRIATIONS 14-0
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|Ayes:|Gatto, Bigelow, | | |
| |Bocanegra, Bradford, Ian | | |
| |Calderon, Campos, Eggman, | | |
| |Gomez, Hall, Holden, Pan, | | |
| |Quirk, Wagner, Weber | | |
| | | | |
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SUMMARY : Increases the penalties for the intentional harassment
of a child or ward of another person because of that person's
employment, and specifies that conduct occurring during the
recording of the child's image or voice is per se harassment if
specified conditions occur. Specifically, this bill :
1)Increases the maximum jail time for harassment of a child or
ward because of the person's employment from six months in the
county jail to a year in the county jail.
2)Specifies that conduct occurring during the course of
recording a child's image or voice, due to the employment of
the child's parent or guardian, without express consent of the
child's guardian is per se harassment of a child if that
conduct would cause a reasonable child to suffer substantial
emotional stress, and actually causes the child to suffer
substantial emotional distress.
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3)Increases the maximum fines for harassment of a child as
follows:
a) Up to $10,000 for a first offense.
b) Up to $20,000 for a second offense.
c) Up to $30,000 for a third or subsequent offense.
4)Creates a civil cause of action for the parent or legal
guardian of the child, as specified.
EXISTING LAW :
1)Provides that it is a misdemeanor for any person to
intentionally harass a child because of the employment status
of the child's parent or parents. The offense is punishable
by a six month jail term, a $1,000 fine, or both. A defendant
must serve a jail term of at least five days for a second
conviction, and at least 30 days for a third or subsequent
conviction.
2)Includes the crime of making a credible threat of death or
great bodily injury, which includes the following elements:
The defendant made the threat "verbally," in writing or by
means of an electronic communication device and with the
intent that it be taken as a threat; and it appears that the
defendant had the means and intent to carry out the threat
such that the victim was placed in sustained fear for his own
safety or that of his immediate family. This crime is an
alternate felony-misdemeanor, punishable by a jail term of up
to one year, a fine of up to $1,000, or both, or by
imprisonment in a state prison for 16 months, two years or
three years and a fine of up to $10,000.
3)Defines the crime of "stalking" as repeatedly harassing or
following another person in conjunction with the making of a
credible threat against that person or his or her immediate
family. Stalking is an alternate felony-misdemeanor
punishable by up to one year in the county jail and/or a fine
of up to $1,000, or by imprisonment in state prison for 16
months, two or three years, and/or a fine of up to $10,000.
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4)Provides that a person who has "suffered harassment" may seek
a temporary restraining order and an injunction to prevent
such harassment. "Harassment" is defined thus: "[U]nlawful
violence, a credible threat of violence, or a knowing and
willful course of conduct directed at a specific person that
seriously alarms, annoys, or harasses the person, and that
serves no legitimate purpose. The course of conduct must be
such as would cause a reasonable person to suffer substantial
emotional distress, and must actually cause substantial
emotional distress to the plaintiff."
5)Provides that an employer may seek a temporary restraining
order and injunction on behalf of an employee who has been
harassed at work through unlawful violence or a credible
threat of violence. In the discretion of the court, the order
and injunction can be applied to additional employees and
workplaces of the employer.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Unknown, likely minor state trial court costs as a result of
creating a new cause of action.
2)Unknown, likely minor, if any, nonreimbursable local
incarceration costs, offset to a degree by increased fine
revenue.
COMMENTS : According to the author "Senate Bill 606 expands upon
and improves current law by increasing the penalties for the
intentional harassment of a child because of his or her parents'
employment. In 1994, AB 3592 (Umberg) was passed to address the
increased harassment faced by the children of health care
facility employees where abortion procedures were performed.
"The beneficiaries of the law, however, were not solely
healthcare workers. Certainly, the children of many other
categories of workers may become targets of retaliatory attacks
because of the nature of their parents' work. Undeniably, the
children of public figures are often the victims of fanatical
attention and harassment. And those charged with enforcing our
laws-police officers, judges, attorneys-must daily confront
individuals who may harbor vendettas against not only them, but
also their families.
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"Although AB 3592 has been on the books for nearly 20 years,
children continue to fall prey to intentional harassment because
the law provided for relatively weak penalties. No child,
regardless of his or her parent's occupation, should be
subjected to such unwarranted and harmful persecution.
"By setting mandatory minimum terms and authorizing fines of up
to $10,000 for repeated violations, SB 606 will have a
significant deterrent effect on those who would consider
tormenting the most vulnerable and defenseless members of our
society."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0001845