BILL ANALYSIS
SB 834
Page 1
SENATE THIRD READING
SB 834 (Florez)
As Amended June 1, 2010
Majority vote
SENATE VOTE :36-0
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Hagman, Beall, |Ayes:|Fuentes, Conway, |
| |Gilmore, Hill, | |Bradford, |
| |Portantino, Skinner | |Huffman, Coto, Davis, De |
| | | |Leon, Gatto, Hall, |
| | | |Harkey, Miller, Nielsen, |
| | | |Norby, Skinner, Solorio, |
| | | |Torlakson, Torrico |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Authorizes the court, upon the conviction of a
defendant for a sexual offense involving a minor victim, or if a
juvenile petition involving a sexual offense against a minor
victim is admitted or sustained, to issue orders prohibiting the
defendant or juvenile, for a period up to 10 years, from
harassing, intimidating, or threatening the victim, or the
victim's family members or spouse.
1)Provides upon the conviction of a defendant for a sexual
offense involving a minor victim, or in the case of a minor
appearing in juvenile court if a petition is admitted or
sustained for a sexual offense involving a minor victim, the
court is authorized to issue orders that would prohibit the
defendant or juvenile, for a period up to 10 years, from
harassing, intimidating, or threatening the victim or the
victim's family members or spouse.
2)States no order issued pursuant to this section shall be
interpreted to apply to counsel acting on behalf of the
defendant or juvenile, or to investigators working on behalf
of counsel, in an action relating to a conviction, petition in
juvenile court, or any civil action arising therefrom,
provided, however, that no counsel or investigator shall
harass or threaten any person protected by an order issued
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under this section.
3)Mandates notice of the intent to request an order pursuant to
this section shall be given to counsel for the defendant or
juvenile by the prosecutor or the court at the time of
conviction, or disposition of the petition in juvenile court,
and counsel shall have adequate time in which to respond to
the request before the order is made.
4)Punishes violations of an order issued under this section as a
one year misdemeanor.
EXISTING LAW :
1)Makes it an alternate felony/misdemeanor for a person who has
been convicted of a violent offense to willfully and
maliciously communicate to a witness to, or a victim of, the
crime for which the person was convicted, a credible threat to
use force or violence upon that person or that person's
immediate family.
2)Grants a court with jurisdiction over the defendant the
authority to issue orders to protect a victim or witness upon
good cause belief that harm to or intimidation or dissuasion
of a victim has occurred or is reasonably likely to occur.
3)Provides that if a court makes an order under Penal Code
Section 1136.2, it shall order any party it has enjoined from
taking action to obtain the address or location of a protected
party or a protected party's family members, caretakers, or
guardian unless there is good cause not to make the order.
4)States that every person imprisoned in county jail or the
state prison who has been convicted of a sexual offense who
knowingly reveals the name and address of any witness or
victim to that offense to any other prisoner with the intent
that the other prisoner will intimidate or harass the witness
or victim through the initiation of unauthorized
correspondence with the witness or victim, is guilty of a
public offense, punishable as an alternate
felonly/misdemeanor.
FISCAL EFFECT : According to the Assembly Appropriations
committee analysis, unknown annual General Fund (GF) costs,
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potentially in excess of $150,000, for increased state
incarceration.
For example, if each year one person is convicted of a felony
for violating the harassment order authorized by this bill,
annual GF costs would be about $135,000 in out-years, assuming
current per capita costs. In addition, if two persons serving
state prison time for a sexual offense against a minor are
accused or charged of the harassment offense created by this
bill, regardless of whether prosecution ensues, they may forfeit
up to 90 days of credit, which, assuming per capita costs,
amounts to about $24,000. These forfeited credits may be
restored.
COMMENTS : According to the author of this bill, "Existing law,
relating to restraining orders and criminal protective orders,
unfortunately do not address the type of harm a minor-victim may
suffer following the conclusion of the criminal proceedings he
or she has testified in. In addition, existing law does very
little to protect the welfare and privacy of a minor-victim's
family, friends, and others following the same criminal
proceedings.
"At least one victim from a recent sexual assault case was
contacted, electronically and otherwise, by agents of the
defendant (and/or his supporters) following his conviction and
sentencing. Moreover, the victim's friends and family were also
contacted by a defendant's supporters.
"In this case the minor-victim's identity was protected during
trial, which permitted her to testify without fear of
retaliation, and it allowed her to go about her life without
being ridiculed or ostracized by her peers. However, when the
defendant's private investigators contacted the victim and her
friends, via the Internet and in some cases through
text-messaging, the communications revealed many sensitive
matters covered in court in addition to the victim's identity.
"Unfortunately, a civil restraining order could not address the
immediacy of the victim's situation (because most of the damage
has been done) and it would have been difficult for the victim
to reappear in court and relive this troubling experience.
"Although, existing law permits a court to issue an order upon
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good cause belief that harm to or intimidation or dissuasion of,
a victim or witness has occurred or is reasonably likely to
occur, Penal Code Section 136.2, such an order was not viable in
this case as the criminal proceedings were concluded and the
court no longer had jurisdiction over the matter.
"While the victim in this case was able to retain a private
attorney to seek other civil remedies against her harassers-most
victims in her position do not have such an option.
"This bill would remedy this situation by permitting a court,
upon the conviction of a defendant for an offense involving a
minor victim, to issue orders prohibiting the defendant or any
person acting on behalf of, or at the request of, the defendant
from having any communications with the victim or victim's
family members, spouse, coworkers, or any other person designate
by the court who has a social relationship with the victim."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744
FN: 0005963