Amended in Assembly September 11, 2015

Amended in Senate April 6, 2015

Senate Bill No. 690

Introduced by Senator Stone

February 27, 2015

An act to amend Section begin delete 637.7 end delete begin insert 646.9 end insert of the Penal Code, relating to begin delete privacy. end delete begin insert stalking. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 690, as amended, Stone. begin delete Privacy. end delete begin insert Stalking. end insert

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Existing law defines the crime of stalking as willfully, maliciously, and repeatedly following, or willfully and maliciously harassing, another person, and making a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family.

end insert begin insert

This bill would expand that definition to include willfully, maliciously, and repeatedly tracking a person with an electronic tracking device, as defined. By expanding the definition of a crime, 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.

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Existing law makes it a misdemeanor to use an electronic tracking device to determine the location or movement of a person. Existing law defines electronic tracking device to mean any device attached to a vehicle or other movable thing that reveals its location or movement by the transmission of electronic signals.

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This bill would expand those provisions to include using an electronic tracking device to determine the location or movement of an object as well as a person. The bill would define electronic tracking device as any electronic or mechanical device that permits the tracking of the movement of a person or object. By expanding the definition of a crime, this bill would create a state-mandated local program.

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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 delete begin delete

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

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

646.9.  

(a) Any person who begin insert (1) end insert willfully, maliciously, and
repeatedly begin delete follows end delete begin insert follows; (2) willfully, maliciously, and
repeatedly tracks with an electronic tracking device, end insert or begin insert (3) end insert willfully
and maliciously harasses begin insert , end insert another person and who makes a credible
threat with the intent to place that person in reasonable fear for his
or her safety, or the safety of his or her immediate family begin insert , end insert is guilty
of the crime of stalking, punishable by imprisonment in a county
jail for not more than one year, or by a fine of not more than one
thousand dollars ($1,000), or by both that fine and imprisonment,
or by imprisonment in the state prison.

(b) Any person who violates subdivision (a) when there is a
temporary restraining order, injunction, or any other court order
in effect prohibiting the behavior described in subdivision (a)
against the same party, shall be punished by imprisonment in the
state prison for two, three, or four years.

(c) (1) Every person who, after having been convicted of a
felony under Section 273.5, 273.6, or 422, commits a violation of
subdivision (a) shall be punished by imprisonment in a county jail
for not more than one year, or by a fine of not more than one
thousand dollars ($1,000), or by both that fine and imprisonment,
or by imprisonment in the state prison for two, three, or five years.

(2) Every person who, after having been convicted of a felony
under subdivision (a), commits a violation of this section shall be
punished by imprisonment in the state prison for two, three, or
five years.

(d) In addition to the penalties provided in this section, the
sentencing court may order a person convicted of a felony under
this section to register as a sex offender pursuant to Section
290.006.

(e) For the purposes of this section, “harasses” means engages
in a knowing and willful course of conduct directed at a specific
person that seriously alarms, annoys, torments, or terrorizes the
person, and that serves no legitimate purpose.

(f) For the purposes of this section, “course of conduct” means
two or more acts occurring over a period of time, however short,
evidencing a continuity of purpose. Constitutionally protected
activity is not included within the meaning of “course of conduct.”

(g) For the purposes of this section, “credible threat” means a
verbal or written threat, including that performed through the use
of an electronic communication device, or a threat implied by a
pattern of conduct or a combination of verbal, written, or
electronically communicated statements and conduct, made with
the intent to place the person that is the target of the threat in
reasonable fear for his or her safety or the safety of his or her
family, and made with the apparent ability to carry out the threat
so as to cause the person who is the target of the threat to
reasonably fear for his or her safety or the safety of his or her
family. It is not necessary to prove that the defendant had the intent
to actually carry out the threat. The present incarceration of a
person making the threat shall not be a bar to prosecution under
this section. Constitutionally protected activity is not included
within the meaning of “credible threat.”

(h) For purposes of this section, the term “electronic
communication device” includes, but is not limited to, telephones,
cellular phones, computers, video recorders, fax machines, or
pagers. “Electronic communication” has the same meaning as the
term defined in Subsection 12 of Section 2510 of Title 18 of the
United States Code.

(i) This section shall not apply to conduct that occurs during
labor picketing.

(j) If probation is granted, or the execution or imposition of a
sentence is suspended, for begin delete any end delete begin insert a end insert person convicted under this
section, it shall be a condition of probation that the person
participate in counseling, as designated by the court. However, the
court, upon a showing of good cause, may find that the counseling
requirement shall not be imposed.

(k) (1) The sentencing court also shall consider issuing an order
restraining the defendant from any contact with the victim, that
may be valid for up to 10 years, as determined by the court. It is
the intent of the Legislature that the length of begin delete any end delete begin insert a end insert restraining
order be based upon the seriousness of the facts before the court,
the probability of future violations, and the safety of the victim
and his or her immediate family.

(2) This protective order may be issued by the court whether
the defendant is sentenced to state prison, county jail, or if
imposition of sentence is suspended and the defendant is placed
on probation.

(l) For purposes of this section, “immediate family” means begin delete any end delete
begin insert a end insert spouse, parent, child, begin delete any end delete begin insert a end insert person related by consanguinity or
affinity within the second degree, or any other person who regularly
resides in the household, or who, within the prior six months,
regularly resided in the household.

(m) The court shall consider whether the defendant would
benefit from treatment pursuant to Section 2684. If it is determined
to be appropriate, the court shall recommend that the Department
of Corrections and Rehabilitation make a certification as provided
in Section 2684. Upon the certification, the defendant shall be
evaluated and transferred to the appropriate hospital for treatment
pursuant to Section 2684.

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(n) For the purposes of this section, “electronic tracking device”
means an electronic or mechanical device that permits tracking
of the movement of a person or object.

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.

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SECTION 1.  

Section 637.7 of the Penal Code is amended to
read:

637.7.  

(a) No person or entity in this state shall use an
electronic tracking device to determine the location or movement
of a person or object.

(b) This section shall not apply when the registered owner of a
vehicle, the owner of an object, or the subscriber, lessor, or lessee
of a vehicle or object has consented to the use of the electronic
tracking device with respect to that vehicle or object.

(c) This section shall not apply to the lawful use of an electronic
tracking device by a law enforcement agency.

(d) As used in this section, “electronic tracking device” means
any electronic or mechanical device that permits the tracking of
the movement of a person or object.

(e) A violation of this section is a misdemeanor.

(f) A violation of this section by a person, business, firm,
company, association, partnership, or corporation licensed under
Division 3 (commencing with Section 5000) of the Business and
Professions Code shall constitute grounds for revocation of the
license issued to that person, business, firm, company, association,
partnership, or corporation, pursuant to the provisions that provide
for the revocation of the license as set forth in Division 3
(commencing with Section 5000) of the Business and Professions
Code.

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.

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