AB 706, as introduced, Waldron. Stalking.
Existing law provides that any person who willfully, maliciously, and repeatedly follows or 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 $1,000, or by both that fine and imprisonment, or by imprisonment in the state prison.
This bill would make technical, nonsubstantive changes to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 646.9 of the Penal Code is amended to
2read:
(a) begin deleteAny end deletebegin insertA end insertperson who willfully, maliciously, and
4repeatedly follows or willfully and maliciously harasses another
5person and who makes a credible threat with the intent to place
6that person in reasonable fear for his or her safety, or the safety of
P2 1his or her immediate family is guilty of the crime of stalking,
2punishable by imprisonment in a county jail for not more than one
3year, or by a fine of not more than one thousand dollars ($1,000),
4or by both that fine and imprisonment, or by imprisonment in the
5state prison.
6(b) Any person who
violates subdivision (a) when there is a
7temporary restraining order, injunction, or any other court order
8in effect prohibiting the behavior described in subdivision (a)
9against the same party, shall be punished by imprisonment in the
10state prison for two, three, or four years.
11(c) (1) Every person who, after having been convicted of a
12felony under Section 273.5, 273.6, or 422, commits a violation of
13subdivision (a) shall be punished by imprisonment in a county jail
14for not more than one year, or by a fine of not more than one
15thousand dollars ($1,000), or by both that fine and imprisonment,
16or by imprisonment in the state prison for two, three, or five years.
17(2) Every person who, after having been convicted of a felony
18under subdivision (a), commits a violation of this section shall be
19punished by imprisonment in the state prison for two, three, or
20five
years.
21(d) In addition to the penalties provided in this section, the
22sentencing court may order a person convicted of a felony under
23this section to register as a sex offender pursuant to Section
24290.006.
25(e) For the purposes of this section, “harasses” means engages
26in a knowing and willful course of conduct directed at a specific
27person that seriously alarms, annoys, torments, or terrorizes the
28person, and that serves no legitimate purpose.
29(f) For the purposes of this section, “course of conduct” means
30two or more acts occurring over a period of time, however short,
31evidencing a continuity of purpose. Constitutionally protected
32activity is not included within the meaning of “course of conduct.”
33(g) For the purposes of this section, “credible threat”
means a
34verbal or written threat, includingbegin delete thatend deletebegin insert
a threatend insert performed through
35the use of an electronic communication device, or a threat implied
36by a pattern of conduct or a combination of verbal, written, or
37electronically communicated statements and conduct, made with
38the intent to place the person that is the target of the threat in
39reasonable fear for his or her safety or the safety of his or her
40family, and made with the apparent ability to carry out the threat
P3 1so as to cause the person who is the target of the threat to
2reasonably fear for his or her safety or the safety of his or her
3family. It is not necessary to prove that the defendant had the intent
4to actually carry out the threat. The present incarceration of a
5person making the threat shall not be a bar to prosecution under
6this section. Constitutionally protected activity is not included
7within the meaning of “credible threat.”
8(h) For purposes of this section, the term “electronic
9
communication device” includes, but is not limited to, telephones,
10cellular phones, computers, video recorders, fax machines, or
11pagers. “Electronic communication” has the same meaning as the
12term defined in Subsection 12 of Section 2510 of Title 18 of the
13United States Code.
14(i) This section shall not apply to conduct that occurs during
15labor picketing.
16(j) If probation is granted, or the execution or imposition of a
17sentence is suspended, for any person convicted under this section,
18it shall be a condition of probation that the person participate in
19counseling, as designated by the court. However, the court, upon
20a showing of good cause, may find that the counseling requirement
21shall not be imposed.
22(k) (1) The sentencing court also shall consider issuing an order
23restraining the defendant
from any contact with the victim, that
24may be valid for up to 10 years, as determined by the court. It is
25the intent of the Legislature that the length of any restraining order
26be based upon the seriousness of the facts before the court, the
27probability of future violations, and the safety of the victim and
28his or her immediate family.
29(2) This protective order may be issued by the court whether
30the defendant is sentenced to state prison, county jail, or if
31imposition of sentence is suspended and the defendant is placed
32on probation.
33(l) For purposes of this section, “immediate family” means any
34spouse, parent, child, any person related by consanguinity or
35affinity within the second degree, or any other person who regularly
36resides in the household, or who, within the prior six months,
37regularly resided in the household.
38(m) The court shall consider whether the defendant would
39benefit from treatment pursuant to Section 2684. If it is determined
40to be appropriate, the court shall recommend that the Department
P4 1of Corrections and Rehabilitation make a certification as provided
2in Section 2684. Upon the certification, the defendant shall be
3evaluated and transferred to the appropriate hospital for treatment
4pursuant to Section 2684.
O
99