Today's Law As Amended

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AB-1982 Stalking.(2013-2014)



SEC. 2.SECTION 1.

 Section 646.9 of the Penal Code is amended to read:

646.9.
 (a) 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  A person who makes a credible threat and willfully engages in a course of conduct directed at a specific person or group of persons and knows or should have known that the course of conduct would cause a reasonable person to  fear for his or her safety, 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 one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison.
(b) Any A  person who violates subdivision (a) when there is a temporary restraining order, injunction, or any other court order in effect prohibiting the behavior described in subdivision (a) against the same party, shall be punished by imprisonment in the state prison for two, three, or four years.
(c) (1) Every A  person who, after having been convicted of a felony under Section 273.5, 273.6, or 422, commits a violation of subdivision (a) shall be punished by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or five years.
(2) Every A  person who, after having been convicted of a felony under subdivision (a), commits a violation of this section shall be punished by imprisonment in the state prison for two, three, or five years.
(d) In addition to the penalties provided in this section, the sentencing court may order a person convicted of a felony under this section to register as a sex offender pursuant to Section 290.006.
(e) For the purposes of this section, “harasses” means engages in a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose.
(f) (e)  For the purposes of this section, “course of conduct” means two or more acts occurring over a period of time, however short, evidencing a continuity of purpose. The conduct may include, but is not limited to, acts committed directly, indirectly, electronically, or through third parties. The conduct may also include, but is not limited to, acts committed by any gesture, method, or device; following, monitoring, observing, or physically or electronically surveilling, threatening, or interfering with a person’s property; or identity theft of, false personation of, or communicating to or about, a person.  Constitutionally protected activity is not included within the meaning of “course of conduct.”
(g) (f)  For the purposes of this section, “credible threat” threat“  means a verbal or written threat, including that performed  a threat conveyed  through the use of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, made with the intent to place the person that is the target of the threat in reasonable fear for his or her safety or the safety of his or her family, and made with the  apparent ability to carry out the threat so as to cause the  that it would cause a reasonable  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. It is not necessary to prove that the defendant had the intent to actually carry out the threat. The present incarceration of a person making the credible  threat shall does  not be a bar to bar his or her  prosecution under this section. Constitutionally protected activity is not included within the meaning of “credible threat.”
(h) (g)  For purposes of this section, the term “electronic communication device” includes, but is not limited to, telephones, cellular phones, computers, video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term defined in Subsection 12 of Section 2510 Section 2510(12)  of Title 18 of the United States Code.
(i) (h)  This section shall not apply to conduct that occurs during labor picketing.
(j) (i)  If probation is granted, or the execution or imposition of a sentence is suspended, for any a  person convicted under this section, it shall be a condition of probation that the person participate in counseling, as designated by the court. However, the court, upon a showing of good cause, may find that the counseling requirement shall not be imposed.
(k) (j)  (1) The sentencing court also shall consider issuing an order restraining the defendant from any contact with the victim, that may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family.
(2) This protective order may be issued by the court whether the defendant is sentenced to state prison, county jail, or if imposition of sentence is suspended and the defendant is placed on probation.
(l) (k)  For purposes of this section, “immediate family” means any a  spouse, parent, child, any  domesticated pet, a  person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.
(m) (l)  The court shall consider whether the defendant would benefit from treatment pursuant to Section 2684. If it is determined to be appropriate, the court shall recommend that the Department of Corrections and Rehabilitation make a certification as provided in Section 2684. Upon the certification, the defendant shall be evaluated and transferred to the appropriate hospital for treatment pursuant to Section 2684.
SEC. 2.
 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.