BILL ANALYSIS �
AB 1356
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CONCURRENCE IN SENATE AMENDMENTS
AB 1356 (Bloom)
As Amended June 24, 2014
Majority vote
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|ASSEMBLY: |53-19|(January 29, |SENATE: |21-10|(August 25, |
| | |2014) | | |2014) |
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Original Committee Reference: JUD.
SUMMARY : Amends the existing statute that creates the civil
tort of "stalking" to include within the definition of
"stalking" a pattern of conduct that is intended to place
another person under "surveillance," as defined. Specifically,
this bill :
1)Expands liability for the tort of stalking by adding "place
under surveillance" to the list of intentional patterns of
conduct that constitute "stalking." Provides that such
surveillance would only create liability if the plaintiff
could also prove that: a) the conduct placed the plaintiff in
reasonable fear for his or her safety, or the safety of an
immediate family member, or, alternatively, caused the
plaintiff substantial emotional distress; b) as part of the
conduct the defendant made a credible threat, as defined, to
the plaintiff or a member of his or her immediate family; and
c) the plaintiff clearly demanded that the defendant cease the
conduct and the defendant persisted in the conduct.
2)Defines "place under surveillance" to mean remaining present
outside of the plaintiff's school, place of employment,
vehicle, residence, other than the residence of the defendant,
or other place occupied by the plaintiff. Specifies that
"place under surveillance" does not include any lawful
activity of licensed private or public investigators or law
enforcement personnel who, within the course of their
employment, are attempting to obtain evidence of suspected
illegal activity or other misconduct, as described. Specifies
also that "place under surveillance" does not include any
newsgathering conduct connected to a newsworthy event.
3)Defines "follows" to mean to move in relative proximity to a
person as that person moves from place to place or to remain
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in relative proximity to a person who is stationary or whose
movements are confined to a small area but does not include
following the plaintiff within the residence of the defendant.
The Senate amendments delete an unnecessary term.
EXISTING LAW :
1)Makes a person liable for the tort of stalking when the
plaintiff proves all of the following elements: a) the
defendant engaged in a pattern of conduct with the intent to
follow, alarm, or harass the plaintiff; b) as a result of that
conduct, the plaintiff reasonably feared for his or her
safety, or the safety of an immediate family member; c) the
defendant made a credible threat with the intent of placing
the plaintiff in such fear, or the defendant's conduct was in
violation of a restraining order prohibiting the conduct.
Provides further that the plaintiff must have made a clear
demand that the defendant cease the conduct and the defendant
nonetheless persisted.
2)Defines "credible threat" to mean a verbal or written threat,
including an electronic communication, or a threat implied by
a pattern of conduct, or a combination thereof, made with the
intent and apparent ability to carry out the threat so as to
cause the person who is the target of the threat to reasonably
fear for his or her safety or the safety of his or her
immediate family.
3)Defines "pattern of conduct" to mean conduct composed of a
series of acts over a period of time, however, short,
evidencing a continuity of purpose. Specifies that
constitutionally protected activity is not included within the
meaning of "pattern of conduct."
4)Permits a person who has suffered harassment to obtain a
temporary restraining order or injunction, as specified,
against the person who engaged in the harassment. Defines the
course of conduct that constitutes harassment to include
following or stalking an individual.
FISCAL EFFECT : None
COMMENTS : This bill seeks to protect celebrities, and others
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nearby, from the sometimes aggressive behavior of the paparazzi
and who, among other things, wait outside of homes, schools, and
other places hoping to capture a photograph as celebrities enter
or exit, often with small children in tow. Existing law defines
"stalking" as a pattern of conduct that is intended to "follow,
alarm, or harass" another person. This bill would add to that
list forms of conduct that are intended to place another person
"under surveillance," which in turn is defined as remaining
outside of another person's home, school, or workplace with no
legitimate purpose. In order to prevail under the existing
anti-stalking statute, a plaintiff must prove all the following
elements: 1) the defendant engaged in a pattern of conduct that
constituted stalking; 2) that as a result of that conduct the
plaintiff reasonably feared for his or her safety, or for the
safety of an immediate family member; and 3) the defendant made
a credible threat with the intent to place the plaintiff (or
family member) in such fear. In addition, existing law requires
that the plaintiff must have, on at least one occasion, clearly
demanded that the defendant cease the conduct and the defendant
nevertheless persisted.
While this bill expands what constitutes "stalking" to include
placing a person under surveillance, it nonetheless retains
essentially the same elements necessary to establish liability.
The most significant difference in the elements is that, whereas
existing law requires, as one element, that the pattern of
conduct placed the plaintiff in fear of his or her safety (or
the safety of an immediate family member), this bill would,
alternatively, meet this one element if the plaintiff suffered
"substantial emotional distress" as a result of the pattern of
conduct. However, this expansion is not as great as it may
seem. While a plaintiff under this bill could substitute
"substantial emotional distress" for "fear for his or her
safety," the plaintiff would still need to meet all of the other
required elements of the tort to establish liability.
Analysis Prepared by : Thomas Clark / JUD. / (916) 319-2334
FN: 0004106
AB 1356
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