Amended in Assembly June 22, 2016

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 begin delete Section 646.9 of the Penal Code, relating to stalking. end delete begin insert end insert begin insert Sections end insert begin insert 51, 205.5, and 5813 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 690, as amended, Stone. begin delete Stalking. end delete begin insert Property tax: senior and disabled veterans. end insert

begin insert

(1) The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value, as defined, of that property, and provides that the full cash value base may be adjusted each year by the inflationary rate not to exceed 2% for any given year.

end insert begin insert

Existing property tax law implementing this constitutional authority provides that the taxable value of real property is the lesser of its base year value compounded annually by an inflation factor not to exceed 2%, as provided, or its full cash value. Existing property tax law also provides that the taxable value of a manufactured home is the lesser of its base year value compounded annually by an inflation factor not to exceed 2% or its full cash value.

end insert begin insert

This bill, for any assessment year commencing on or after January 1, 2017, would provide that the inflation factor shall not apply to the principal place of residence, including a manufactured home, of a qualified veteran, as defined, who is 65 years of age or older on the lien date, was honorably discharged from military service, and meets specified requirements.

end insert begin insert

By changing the manner in which local tax officials calculate the taxable value of real property owned by senior veterans, this bill would impose a state-mandated local program.

end insert begin insert

(2) Existing property tax law provides, pursuant to the authorization of the California Constitution, a disabled veteran’s property tax exemption for the principal place of residence of a veteran or a veteran’s spouse, including an unmarried surviving spouse, if the veteran, because of injury incurred in military service, is blind in both eyes, has lost the use of 2 or more limbs, or is totally disabled, as those terms are defined, or if the veteran has, as a result of a service-connected injury or disease, died while on active duty in military service. Existing law exempts that part of the full value of the residence that does not exceed $100,000, or $150,000, if the veteran’s or spouse’s household income does not exceed $40,000, adjusted for inflation, as specified.

end insert begin insert

This bill, for property tax lien dates on an after January 1, 2017, would instead exempt the full value of the principal place of residence of a veteran or veteran’s spouse if the veteran’s or spouse’s household income does not exceed $40,000, adjusted for inflation. The bill would also make technical and conforming changes to the disabled veteran’s property tax exemption.

end insert begin insert

By changing the manner in which local tax officials administer the disabled veteran’s property tax exemption, this bill would impose a state-mandated local program.

end insert begin insert

(3) Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation.

end insert begin insert

This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill.

end insert begin insert

(4) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert begin insert

(5) This bill would take effect immediately as a tax levy.

end insert begin delete

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 delete begin delete

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 delete begin delete

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.

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 51 of the end insert begin insert Revenue and Taxation Code end insert begin insert is
amended to read: end insert

51.  

(a) For purposes of subdivision (b) of Section 2 of Article
XIII A of the California Constitution, for each lien date after the
lien date in which the base year value is determined pursuant to
Section 110.1, the taxable value of real property shall, except as
otherwise provided in subdivision (b) or (c), be the lesser of:

(1) Its base year value, compounded annually since the base
year by an inflation factor, which shall be determined as follows:

(A) For any assessment year commencing prior to January 1,
1985, the inflation factor shall be the percentage change in the cost
of living, as defined in Section 2212.

(B) For any assessment year commencing after January 1, 1985,
and prior to January 1, 1998, the inflation factor shall be the
percentage change, rounded to the nearest one-thousandth of 1
percent, from December of the prior fiscal year to December of
the current fiscal year in the California Consumer Price Index for
all items, as determined by the California Department of Industrial
Relations.

(C) For any assessment year commencing on or after January
1, 1998, the inflation factor shall be the percentage change, rounded
to the nearest one-thousandth of 1 percent, from October of the
prior fiscal year to October of the current fiscal year in the
California Consumer Price Index for all items, as determined by
the California Department of Industrial Relations.

(D)  begin delete In no event shall the end delete begin insert The end insert percentage increase for begin delete any end delete begin insert an end insert
assessment year determined pursuant to subparagraph (A), (B), or
(C) begin insert shall not end insert exceed 2 percent of the prior year’s value.

begin insert

(E) (i) Notwithstanding any other law, for any assessment year
commencing on or after January 1, 2017, the percentage increase
for any assessment year determined pursuant to subparagraph
(A), (B), or (C) shall not apply to the principal place of residence,
including so much of the land surrounding it as is reasonably
necessary for use of the dwelling as a home, of a qualified veteran
who is 65 years of age or older on the lien date and was honorably
discharged from military service.

end insert begin insert

(ii) For the purpose of this subparagraph, “qualified veteran”
means a person who meets the following criteria:

end insert begin insert

(I) He or she meets the criteria specified in subdivision (o) of
Section 3 of Article XIII of the California Constitution, except for
the limitation on the value of property owned by the veteran or the
veteran’s spouse.

end insert begin insert

(II) If the qualified veteran is single, his or her annual income,
as defined in Section 20504, is less than fifty thousand dollars
($50,000).

end insert begin insert

(III) If the qualified veteran is married, his or her household
combined annual income, as defined in Section 20504, is less than
one hundred thousand dollars ($100,000).

end insert begin insert

(iii) When claiming the benefit provided by this subparagraph,
the claimant shall provide all information required by, and answer
all questions contained in, an affidavit furnished by the assessor
to determine that the claimant is a qualified veteran. The assessor
may require additional proof of the information or answers
provided in the affidavit before allowing the benefit provided by
this subparagraph.

end insert

(2) Its full cash value, as defined in Section 110, as of the lien
date, taking into account reductions in value due to damage,
destruction, depreciation, obsolescence, removal of property, or
other factors causing a decline in value.

(b) If the real property was damaged or destroyed by disaster,
misfortune, or calamity and the board of supervisors of the county
in which the real property is located has not adopted an ordinance
pursuant to Section 170, or any portion of the real property has
been removed by voluntary action by the taxpayer, the taxable
value of the property shall be the sum of the following:

(1) The lesser of its base year value of land determined under
paragraph (1) of subdivision (a) or full cash value of land
determined pursuant to paragraph (2) of subdivision (a).

(2) The lesser of its base year value of improvements determined
pursuant to paragraph (1) of subdivision (a) or the full cash value
of improvements determined pursuant to paragraph (2) of
subdivision (a).

In applying this subdivision, the base year value of the subject
real property does not include that portion of the previous base
year value of that property that was attributable to any portion of
the property that has been destroyed or removed. The sum
determined under this subdivision shall then become the base year
value of the real property until that property is restored, repaired,
or reconstructed or other provisions of law require establishment
of a new base year value.

(c) If the real property was damaged or destroyed by disaster,
misfortune or calamity and the board of supervisors in the county
in which the real property is located has adopted an ordinance
pursuant to Section 170, the taxable value of the real property shall
be its assessed value as computed pursuant to Section 170.

(d) For purposes of this section, “real property” means that
appraisal unit that persons in the marketplace commonly buy and
sell as a unit, or that is normally valued separately.

(e) Nothing in this section shall be construed to require the
assessor to make an annual reappraisal of all assessable property.
However, for each lien date after the first lien date for which the
taxable value of property is reduced pursuant to paragraph (2) of
subdivision (a), the value of that property shall be annually
reappraised at its full cash value as defined in Section 110 until
that value exceeds the value determined pursuant to paragraph (1)
of subdivision (a). In no event shall the assessor condition the
implementation of the preceding sentence in any year upon the
filing of an assessment appeal.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 205.5 of the end insert begin insert Revenue and Taxation Code end insert begin insert is
amended to read: end insert

205.5.  

(a) Property that constitutes the principal place of
residence of a veteran, that is owned by the veteran, the veteran’s
spouse, or the veteran and the veteran’s spouse jointly, is exempted
from taxation on that part of the full value of the residence that
does not exceed one hundred thousand dollars ($100,000), as
adjusted for the relevant assessment year as provided in subdivision
(h), if the veteran is blind in both eyes, has lost the use of two or
more limbs, or if the veteran is totally disabled as a result of injury
or disease incurred in military service. The one hundred thousand
dollar ($100,000) exemption shall be begin delete one hundred fifty thousand
dollars ($150,000), as adjusted for the relevant assessment year as
provided in subdivision (h), end delete begin insert the full value of the property end insert in the
case of an eligible veteran whose household income does not
exceed the amount of forty thousand dollars ($40,000), as adjusted
for the relevant assessment year as provided in subdivision (g).

(b) (1) For purposes of this section, “veteran” means either of
the following:

(A) A veteran as specified in subdivision (o) of Section 3 of
Article XIII of the California begin delete Constitution without regard to any end delete
begin insert Constitution, except for the end insert limitation begin delete contained therein end delete on the
value of property owned by the veteran or the veteran’s spouse.

(B)  begin delete Any end delete begin insert A end insert person who would qualify as a veteran pursuant to
paragraph (1) except that he or she has, as a result of a
service-connected injury or disease, begin insert as determined by the United
States Department of Veterans Affairs, end insert died while on active duty
in military service. begin delete The United States Department of Veterans
Affairs shall determine whether an injury or disease is service
connected. end delete

(2) For purposes of this section, property is deemed to be the
principal place of residence of a veteran, disabled as described in
subdivision (a), who is confined to a hospital or other care facility,
if that property would be that veteran’s principal place of residence
were it not for his or her confinement to a hospital or other care
facility, provided that the residence is not rented or leased to a
third party. begin delete A end delete begin insert For the purposes of this paragraph, a end insert family member
that resides at the residence is not begin delete considered to be end delete a third party.

(c) (1) Property that is owned by, and that constitutes the
principal place of residence of, the unmarried surviving spouse of
a deceased veteran is exempt from taxation on that part of the full
value of the residence that does not exceed one hundred thousand
dollars ($100,000), as adjusted for the relevant assessment year as
provided in subdivision (h), in the case of a veteran who was blind
in both eyes, had lost the use of two or more limbs, or was totally
disabled provided that either of the following conditions is met:

(A) The deceased veteran during his or her lifetime qualified
begin delete in all respects end delete for the exemption begin insert pursuant to subdivision (a), end insert or
would have qualified for the exemption under the laws effective
on January 1, 1977, except that the veteran died prior to January
1, 1977.

(B) The veteran died from a disease that was begin delete service connected end delete
begin insert service-connected, end insert as determined by the United States Department
of Veterans Affairs.

The one hundred thousand dollar ($100,000) exemption shall
be begin delete one hundred fifty thousand dollars ($150,000), as adjusted for
the relevant assessment year as provided in subdivision (h), end delete begin insert the
full value of the property end insert in the case of an eligible unmarried
surviving spouse whose household income does not exceed the
amount of forty thousand dollars ($40,000), as adjusted for the
relevant assessment year as provided in subdivision (g).

(2)  begin delete Commencing with the 1994-95 fiscal year, property end delete begin insert Property end insert
that is owned by, and that constitutes the principal place of
residence of, the unmarried surviving spouse of a veteran begin delete as end delete
described in subparagraph (B) of paragraph (1) of subdivision (b)
is exempt from taxation on that part of the full value of the
residence that does not exceed one hundred thousand dollars
($100,000), as adjusted for the relevant assessment year as provided
in subdivision (h). The one hundred thousand dollar ($100,000)
exemption shall be begin delete one hundred fifty thousand dollars ($150,000),
as adjusted for the relevant assessment year as provided in
subdivision (h), end delete begin insert the full value of the property end insert in the case of an
eligible unmarried surviving spouse whose household income does
not exceed the amount of forty thousand dollars ($40,000), as
adjusted for the relevant assessment year as provided in subdivision
(g).

(3)  begin delete Beginning with the 2012-13 fiscal year and for each fiscal
year thereafter, property end delete begin insert Property end insert is deemed to be the principal
place of residence of the unmarried surviving spouse of a deceased
veteran, who is confined to a hospital or other care facility, if that
property would be the unmarried surviving spouse’s principal place
of residence were it not for his or her confinement to a hospital or
other care facility, provided that the residence is not rented or
leased to a third party. For purposes of this paragraph, a family
member who resides at the residence is not begin delete considered to be end delete a third
party.

(d) As used in this section, “property that is owned by a veteran”
or “property that is owned by the veteran’s unmarried surviving
spouse” includes all of the following:

(1) Property owned by the veteran with the veteran’s spouse as
a joint tenancy, tenancy in common, or as community property.

(2) Property owned by the veteran or the veteran’s spouse as
separate property.

(3) Property owned with one or more other persons to the extent
of the interest owned by the veteran, the veteran’s spouse, or both
the veteran and the veteran’s spouse.

(4) Property owned by the veteran’s unmarried surviving spouse
with one or more other persons to the extent of the interest owned
by the veteran’s unmarried surviving spouse.

(5)  begin delete So much of the end delete begin insert That portion of the end insert property of a corporation
begin delete as end delete begin insert that end insert constitutes the principal place of residence of a veteran or
a veteran’s unmarried surviving spouse when the veteran, begin delete or end delete the
veteran’s spouse, or the veteran’s unmarried surviving spouse is
a shareholder of the corporation and the rights of shareholding
entitle one to the possession of property, legal title to which is
owned by the corporation. The exemption provided by this
paragraph shall be shown on the local roll and shall reduce the full
value of the corporate property. Notwithstanding any begin delete provision of end delete
law or articles of incorporation or bylaws of a corporation described
in this paragraph, any reduction of property taxes paid by the
corporation shall reflect an equal reduction in any charges by the
corporation to the person who, by reason of qualifying for the
exemption, made possible the reduction for the corporation.

(e) For purposes of this section, begin delete being end delete begin insert the following definitions
shall apply: end insert

begin insert (1) end insert begin insert   end insert begin insert “Being end insert blind in both begin delete eyes end delete begin insert eyes end insert begin insert ” end insert means having a visual acuity
of 5/200 or less, or concentric contraction of the visual field to 5
degrees or begin delete less; losing end delete begin insert less. end insert

begin insert (2) end insert begin insert   end insert begin insert “Lost end insert the use of begin delete a limb end delete begin insert two or more limbs end insert begin insert ” end insert means that the
limb has been amputated or its use has been lost by reason of
ankylosis, progressive muscular dystrophies, or begin delete paralysis; and
being totally disabled end delete begin insert paralysis. end insert

begin insert (3) end insert begin insert   end insert begin insert “Totally disabled end insert begin insert ” end insert means that the United States Department
of Veterans Affairs or the military service from which the veteran
was discharged has rated the disability at 100 percent or has rated
the disability compensation at 100 percent by reason of being
unable to secure or follow a substantially gainful occupation.

(f) An exemption granted to a claimant begin delete in accordance with the
provisions of end delete begin insert pursuant to end insert this section shall be in lieu of the
veteran’s exemption provided by subdivisions (o), (p), (q), and (r)
of Section 3 of Article XIII of the California Constitution and any
other real property tax exemption to which the claimant may be
entitled. No other real property tax exemption may be granted to
any other person with respect to the same residence for which an
exemption has been granted begin delete under the provisions of end delete begin insert pursuant to end insert
this section; provided, that if two or more veterans qualified
pursuant to this section coown a property in which they reside,
each is entitled to the exemption to the extent of his or her interest.

(g) Commencing on January 1, 2002, and for each assessment
year thereafter, the household income limit shall be compounded
annually by an inflation factor that is the annual percentage change,
measured from February to February of the two previous
assessment years, rounded to the nearest one-thousandth of 1
percent, in the California Consumer Price Index for all items, as
determined by the California Department of Industrial Relations.

(h) Commencing on January 1, 2006, and for each assessment
year thereafter, the exemption amounts set forth in subdivisions
(a) and (c) shall be compounded annually by an inflation factor
that is the annual percentage change, measured from February to
February of the two previous assessment years, rounded to the
nearest one-thousandth of 1 percent, in the California Consumer
Price Index for all items, as determined by the California
Department of Industrial Relations.

begin insert

(i) The amendments made to this section by the act adding this
subdivision shall apply for property tax lien dates on and after
January 1, 2017.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 5813 of the end insert begin insert Revenue and Taxation Code end insert begin insert is
amended to read: end insert

5813.  

begin delete For end delete begin insert (a) end insert begin insert   end insert begin insert For end insert each lien date after the lien date for which
the base year value is determined, the taxable value of a
manufactured home shall be the lesser of:

begin delete

(a)

end delete

begin insert (1) end insert  Its base year value, compounded annually since the base
year by an inflation factor, which shall be the percentage change
in the cost of living, as defined in Section 51, provided, that any
percentage increase shall not exceed 2 percent of the prior year’s

begin delete value; or end delete begin insert value. end insert

begin delete

(b)

end delete

begin insert (2) end insert  Its full cash value, as defined in Section 5803, as of the lien
date, taking into account reductions in value due to damage,
destruction, depreciation, obsolescence, or other factors causing
a decline in begin delete value; or end delete begin insert value. end insert

begin delete

(c)

end delete

begin insert (3) end insert  If the manufactured home is damaged or destroyed by
disaster, misfortune, or calamity, its value determined pursuant to
begin delete (b) end delete begin insert paragraph (2) end insert shall be its base year value until the
manufactured home is restored, repaired or reconstructed or other
provisions of law require establishment of a new base year value.

begin insert

(b) (1) Notwithstanding any other law, for any assessment year
commencing on or after January 1, 2017, the percentage increase
for an assessment year determined pursuant to paragraph (1) of
subdivision (a) shall not apply to the principal place of residence
of a qualified veteran who owns a manufactured home as his or
her principal place of residence and who is 65 years of age or
older on the lien date and was honorably discharged from military
service.

end insert begin insert

(2)  For the purpose of this subdivision, “qualified veteran”
means a person who meets the following criteria:

end insert begin insert

(A) He or she meets the criteria specified in subdivision (o) of
Section 3 of Article XIII of the California Constitution, except for
the limitation on the value of property owned by the veteran or the
veteran’s spouse.

end insert begin insert

(B) If the qualified veteran is single, his or her annual household
income, as defined in Section 20504, is fifty thousand dollars
($50,000) or less.

end insert begin insert

(C) If the qualified veteran is married, his or her combined
annual household income, as defined in Section 20504, is one
hundred thousand dollars ($100,000) or less.

end insert begin insert

(3) When claiming the benefit provided by this subdivision, the
claimant shall provide all information required by, and answer
all questions contained in, an affidavit furnished by the assessor
to determine that the claimant is a qualified veteran. The assessor
may require additional proof of the information or answers
provided in the affidavit before allowing the benefit provided by
this subdivision.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

Notwithstanding Section 2229 of the Revenue and
Taxation Code, no appropriation is made by this act and the state
shall not reimburse any local agency for any property tax revenues
lost by it pursuant to this act.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert begin insert

This act provides for a tax levy within the meaning of
Article IV of the Constitution and shall go into immediate effect.

end insert

begin delete

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; (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 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 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 a
spouse, parent, child, 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.

end delete