BILL NUMBER: SB 834	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 25, 2010

INTRODUCED BY   Senator Florez

                        JANUARY 4, 2010

   An act to add Section 1201.3 to the Penal Code, relating to court
orders.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 834, as amended, Florez. Court orders: minor victims:
prohibitions on communications.
   Existing law authorizes various postconviction orders by the
court.
   This bill would authorize the court, upon the conviction of a
defendant for an offense involving a minor victim,  or if a
juvenile petition involving a minor victim is admitted or sustained,
 to issue orders prohibiting the defendant  or juvenile,
 or any person acting on behalf of, or at the request of, the
defendant  or juvenile,  from having any  contact or
 communications with the victim or the victim's family members,
spouse, coworkers, or any other person designated by the court who
has a social relationship with the victim. The bill would also
authorize exceptions to those orders following a noticed hearing, as
specified.
   Violation of these orders would be punishable as  civil
  criminal  contempt.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 1201.3 is added to the Penal Code, to read:
   1201.3.  (a) Upon the conviction of a defendant for an offense
involving a minor victim,  or in the case of a minor appearing in
juvenile court whose petition is admitted or sustained for an
offense involving a minor victim,  the court is authorized to
issue orders that would do either or both of the following:
   (1) Prohibit the defendant  or juvenile  from having any
 contact or  communications with the victim or the victim's
family members, spouse, coworkers, or any other person designated by
the court who has a social relationship with the victim.
   (2) Prohibit any person acting on behalf of, or at the request of,
the defendant  or juvenile  from having any  contact or
 communications with the victim or the victim's family members,
spouse, coworkers, or any other person designated by the court who
has a social relationship with the victim.
   (b) The court may authorize any person subject to an order issued
pursuant to subdivision (a) to contact or communicate with the victim
or victim's family members, spouse, coworkers, or any other person
designated by the court who has a social relationship with the victim
if there is a noticed hearing as follows:
   (1) Notice of the hearing is served not less than three days prior
to the hearing on the victim, on all persons whom the victim has
designated for receipt of notice, and on the prosecuting attorney.
   (2) Good cause for authorizing the contact or communication is
shown at the hearing. 
   (c) Notwithstanding subdivision (b), no person authorized to make
contact or communicate with a person pursuant to subdivision (b)
shall annoy, harass, or threaten any person protected by an order
issued pursuant to subdivision (a).  
   (c) 
    (d)  A violation of an order issued pursuant to
subdivision (a) is punishable as provided in Section  1209 of
the Code of Civil Procedure   166  .