BILL NUMBER: SB 690	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 11, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Stone

                        FEBRUARY 27, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 690, as amended, Stone.  Privacy.  
Stalking.  
   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.  
   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.  
   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.  
   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. 

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


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

   SECTION 1.    Section 646.9 of the   Penal
Code   is amended to read: 
   646.9.  (a) Any person who  (1)  willfully, maliciously,
and repeatedly  follows   follows; (2)
willfully, maliciously, and repeatedly tracks with an electronic
tracking device,  or  (3)  willfully and maliciously
harasses  ,  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  , 
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  any   a  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  any 
 a  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
 any   a  spouse, parent, child, 
any   a  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. 
   (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. 
   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.  
  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.