BILL NUMBER: SB 690 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 22, 2016
AMENDED IN ASSEMBLY SEPTEMBER 11, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Stone
FEBRUARY 27, 2015
An act to amend Section 646.9 of the Penal Code, relating
to stalking. Sections 51,
205.5, and 5813 of the Revenue and Taxation Code, relating to
taxation, to take effect immediately, tax levy.
LEGISLATIVE COUNSEL'S DIGEST
SB 690, as amended, Stone. Stalking.
Property tax: senior and disabled veterans.
(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.
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.
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.
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.
(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.
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.
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.
(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.
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.
(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.
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.
(5) This bill would take effect immediately as a tax levy.
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.
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 51 of the Revenue
and Taxation Code is amended to read:
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) In no event shall the The
percentage increase for any an
assessment year determined pursuant to subparagraph (A), (B), or (C)
shall not exceed 2 percent of the prior year's value.
(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.
(ii) For the purpose of this subparagraph, "qualified veteran"
means a person who meets the following criteria:
(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.
(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).
(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).
(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.
(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.
SEC. 2. Section 205.5 of the Revenue
and Taxation Code is amended to read:
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 one hundred fifty
thousand dollars ($150,000), as adjusted for the relevant assessment
year as provided in subdivision (h), the full value of
the property 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 Constitution without regard
to any Constitution, except for the limitation
contained therein on the value of property owned
by the veteran or the veteran's spouse.
(B) Any A 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, as determined
by the United States Department of Veterans Affairs, died while
on active duty in military service. The United States
Department of Veterans Affairs shall determine whether an injury or
disease is service connected.
(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. A For the purposes
of this paragraph, a family member that resides at the
residence is not considered to be 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
in all respects for the exemption pursuant to
subdivision (a), 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 service
connected service-connected, as determined by
the United States Department of Veterans Affairs.
The one hundred thousand dollar ($100,000) exemption shall be
one hundred fifty thousand dollars ($150,000), as adjusted
for the relevant assessment year as provided in subdivision (h),
the full value of the property 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) Commencing with the 1994-95 fiscal year, property
Property that is owned by, and that constitutes
the principal place of residence of, the unmarried surviving spouse
of a veteran as 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 one hundred fifty thousand
dollars ($150,000), as adjusted for the relevant assessment year as
provided in subdivision (h), the full value of the
property 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) Beginning with the 2012-13 fiscal year and for each
fiscal year thereafter, property Property 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 considered to be 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) So much of the That portion of the
property of a corporation as that
constitutes the principal place of residence of a veteran or a
veteran's unmarried surviving spouse when the veteran, or
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
provision of 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, being
the following definitions shall apply:
(1) "Being blind in both
eyes eyes " means having a visual
acuity of 5/200 or less, or concentric contraction of the visual
field to 5 degrees or less; losing less.
(2) "Lost the use of a
limb two or more limbs " means that
the limb has been amputated or its use has been lost by reason of
ankylosis, progressive muscular dystrophies, or paralysis;
and being totally disabled paralysis.
(3) "Totally disabled "
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 in accordance with
the provisions of pursuant to 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 under the provisions of
pursuant to 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.
(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.
SEC. 3. Section 5813 of the Revenue and
Taxation Code is amended to read:
5813. For (a) For
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:
(a)
(1) 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 value; or value.
(b)
(2) 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 value; or value.
(c)
(3) If the manufactured home is damaged or destroyed by
disaster, misfortune, or calamity, its value determined pursuant to
(b) paragraph (2) 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.
(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.
(2) For the purpose of this subdivision, "qualified veteran"
means a person who meets the following criteria:
(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.
(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.
(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.
(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.
SEC. 4. 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.
SEC. 5. 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.
SEC. 6. This act provides for a tax levy within
the meaning of Article IV of the Constitution and shall go into
immediate effect.
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.