BILL NUMBER: AB 2707 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 3, 2006
INTRODUCED BY Assembly Member Keene
FEBRUARY 24, 2006
An act to amend Section 273a of add
Section 594.37 to the Penal Code, relating to crime.
LEGISLATIVE COUNSEL'S DIGEST
AB 2707, as amended, Keene Crime: child abuse
picketing .
Existing law makes it a crime for a person to disturb, obstruct,
detain or interfere with any person carrying or accompanying human
remains to a cemetery or funeral establishment, or engaged in a
funeral service or an interment.
This bill would make it a crime, punishable by a fine not
exceeding $1,000, imprisonment in a county jail not exceeding 6
months, or by both, for a person to engage in picketing at a funeral,
as defined, during the time period beginning one hour prior to the
funeral and ending one hour after the conclusion of the funeral. The
bill would also authorize a court to award damages, including
punitive damages, injunctive relief, attorney's fees, and any other
appropriate relief against a person who violates those provisions.
The bill would set forth related findings and declarations.
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 provides that it is a crime to willfully cause or
permit any child to suffer, or inflict thereon unjustifiable physical
pain or mental suffering, or having the care or custody of any
child, willfully cause or permit the person or health of that child
to be injured, or willfully cause or permit that child to be placed
in a situation in which his or her person or health may be
endangered.
This bill would make a technical, nonsubstantive change to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature hereby finds and
declares the following:
(1) It is generally recognized that families have a substantial
interest in organizing and attending funerals for deceased relatives.
(2) The interests of families in privately and peacefully mourning
the loss of deceased relatives are violated when funerals are
disrupted by picketing.
(3) Picketing of funerals causes emotional disturbance and
distress to grieving families who participate in funerals.
(4) Full opportunity exists for the exercise of freedom of speech
and other constitutional rights at times other than within one hour
prior to or during the funeral and one hour following the conclusion
of a funeral.
(b) The purpose of this act is to protect the privacy of grieving
families and to preserve the peaceful character of cemeteries,
mortuaries, and churches during the time one hour before and one hour
after a funeral.
SEC. 2. Section 594.37 is added to the
Penal Code , to read:
594.37. (a) It is unlawful for a person to engage in picketing at
a funeral during the time period beginning one hour prior to the
funeral and ending one hour after the conclusion of the funeral.
(b) Any violation of subdivision (a) is punishable by a fine not
exceeding one thousand dollars ($1,000), imprisonment in a county
jail not exceeding six months, or by both that fine and imprisonment.
(c) A court may award damages, including, but not limited to,
punitive damages, and may also award injunctive relief, attorney's
fees, and any other appropriate relief against a person who violates
subdivision (a).
(d) For purposes of this section:
(1) "Funeral" means the ceremony, procession, or memorial service
held in connection with the burial or cremation of a deceased person.
(2) "Picketing" means protest activities engaged in by any person
within 300 feet of a cemetery, mortuary, or church.
(3) "Protest activities" includes oration, speech, or similar
conduct before an assembled group of people that is not part of the
funeral, the display of placards, banners, posters, flags, or similar
devices that are not part of the funeral, and the distribution of
any handbill, pamphlet, leaflet, or other written material that is
not part of the funeral.
(e) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
SEC. 3. 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 273a of the Penal Code is
amended to read:
273a. (a) Any person who, under circumstances or conditions
likely to produce great bodily harm or death, willfully causes or
permits any child to suffer, or inflicts thereon unjustifiable
physical pain or mental suffering, or having the care or custody of
any child, willfully causes or permits the person or health of that
child to be injured, or willfully causes or permits that child to be
placed in a situation in which his or her person or health is
endangered, shall be punished by imprisonment in a county jail not
exceeding one year, or in the state prison for two, four, or six
years.
(b) Any person who, under circumstances or conditions other than
those likely to produce great bodily harm or death, willfully causes
or permits any child to suffer, or inflicts thereon unjustifiable
physical pain or mental suffering, or having the care or custody of
any child, willfully causes or permits the person or health of that
child to be injured, or willfully causes or permits that child to be
placed in a situation in which his or her person or health may be
endangered, is guilty of a misdemeanor.
(c) If a person is convicted of violating this section and
probation is granted, the court shall require the following minimum
conditions of probation:
(1) A mandatory minimum period of probation of 48 months.
(2) A criminal court protective order protecting the victim from
further acts of violence or threats, and, if appropriate, residence
exclusion or stay-away conditions.
(3) (A) Successful completion of no less than one year of a child
abuser's treatment counseling program approved by the probation
department. The defendant shall be ordered to begin participation in
the program immediately upon the grant of probation. The counseling
program shall meet the criteria specified in Section 273.1. The
defendant shall produce documentation of program enrollment to the
court within 30 days of enrollment, along with quarterly progress
reports.
(B) The terms of probation for offenders shall not be lifted until
all reasonable fees due to the counseling program have been paid in
full, but in no case shall probation be extended beyond the term
provided in subdivision (a) of Section 1203.1. If the court finds
that the defendant does not have the ability to pay the fees based on
the defendant's changed circumstances, the court may reduce or waive
the fees.
(4) If the offense was committed while the defendant was under the
influence of drugs or alcohol, the defendant shall abstain from the
use of drugs or alcohol during the period of probation and shall be
subject to random drug testing by his or her probation officer.
(5) The court may waive any of the above minimum conditions of
probation upon a finding that the condition would not be in the best
interests of justice. The court shall state on the record its reasons
for any waiver.