BILL NUMBER: SB 1784 CHAPTERED 09/26/00 CHAPTER 657 FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2000 APPROVED BY GOVERNOR SEPTEMBER 24, 2000 PASSED THE SENATE AUGUST 30, 2000 PASSED THE ASSEMBLY AUGUST 25, 2000 AMENDED IN ASSEMBLY JUNE 15, 2000 AMENDED IN ASSEMBLY JUNE 13, 2000 INTRODUCED BY Senator Figueroa FEBRUARY 23, 2000 An act to amend Section 647.6 of the Penal Code, relating to children. LEGISLATIVE COUNSEL'S DIGEST SB 1784, Figueroa. Children: molestation. Existing law makes it a misdemeanor to annoy or molest a child under the age of 18 years. Existing law provides that every person who violates this provision shall be punished upon any subsequent convictions under this section by imprisonment in the state prison. Existing law also provides that every person who violates this provision after a previous felony conviction under this provision, or a previous conviction of other specified provisions, shall be punished by imprisonment in the state prison for 2, 4, or 6 years. This bill would extend the list of prior offenses that would make a subsequent violation of this provision punishable by imprisonment in the state prison to include certain felony offenses involving a minor under the age of 16 years. Because this bill would change a misdemeanor to a felony, it 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 647.6 of the Penal Code is amended to read: 647.6. (a) Every person who annoys or molests any child under the age of 18 shall be punished by a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment. (b) Every person who violates this section after having entered, without consent, an inhabited dwelling house, or trailer coach as defined in Section 635 of the Vehicle Code, or the inhabited portion of any other building, shall be punished by imprisonment in the state prison, or in a county jail not exceeding one year. (c) (1) Every person who violates this section shall be punished upon the second and each subsequent conviction by imprisonment in the state prison. (2) Every person who violates this section after a previous felony conviction under Section 261, 264.1, 269, 285, 286, 288a, 288.5, or 289, any of which involved a minor under the age of 16 years, or a previous felony conviction under this section, a conviction under Section 288, or a felony conviction under Section 311.4 involving a minor under the age of 14 years shall be punished by imprisonment in the state prison for two, four, or six years. (d) (1) In any case in which a person is convicted of violating this section and probation is granted, the court shall require counseling as a condition of probation, unless the court makes a written statement in the court record, that counseling would be inappropriate or ineffective. (2) In any case in which a person is convicted of violating this section, and as a condition of probation, the court prohibits the defendant from having contact with the victim, the court order prohibiting contact shall not be modified except upon the request of the victim and a finding by the court that the modification is in the best interest of the victim. As used in this paragraph, "contact with the victim" includes all physical contact, being in the presence of the victim, communication by any means, any communication by a third party acting on behalf of the defendant, and any gifts. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.