Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2791

Introduced by Assembly Member Gabriel

February 20, 2020

An act to amend Section 29805 of the Penal Code, relating to firearms. An act to amend Sections 148.3, 601, 646.9, 646.91, and 653.2 of the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 2791, as amended, Gabriel. Firearms: possession by misdemeanant. Crimes: stalking, false emergency reports, and harassment.
(1) Existing law makes it a crime to, knowing the report is false, falsely report that an emergency exists. Existing law makes this crime a misdemeanor punishable by imprisonment in a county jail for a period not exceeding one year, or by a fine not exceeding $1,000, or by both that imprisonment and fine.
This bill would make a violation of that crime additionally require that the person intend or recklessly disregard the possibility of causing bodily harm, substantial emotional distress, property damage, or the misuse of public resources. The bill would make a 2nd or subsequent violation of those provisions punishable as a misdemeanor by imprisonment in a county jail not exceeding one year, or by a fine not exceeding $5,000, or by both that fine and imprisonment. The bill would make a person who engages in activities in violation of those provisions 2 or more times in a manner that evidences a continuity of purpose punishable as a misdemeanor by imprisonment in a county jail not exceeding one year, or by a fine not exceeding $5,000, or by both that fine and imprisonment, or as a felony punishable by imprisonment in the county jail, a fine not to exceed $10,000, or by both that fine and imprisonment. By expanding the scope of a crime, this bill would create a state-mandated local program.
Existing law makes an individual convicted of violating these false reporting provisions liable to a public agency for the reasonable costs of an emergency response resulting from the false report.
This bill would authorize an individual who is targeted by a false report in violation of these provisions to bring a civil action against the person who violated this section, or against any person who knowingly benefits, financially or by receiving anything of value, from participation in a venture that the person knew or should have known has engaged in an act in violation of these provisions, and would authorize the individual to recover damages and any other appropriate relief, including reasonable attorney’s fees.
(2) Existing law makes a 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 the person’s safety, or the safety of the person’s immediate family, guilty of the crime of stalking, punishable as a misdemeanor or a felony.
This bill would instead make a person guilty of stalking if the person intentionally or knowingly engages in a course of conduct, without a legitimate purpose, directed at or concerning another individual, that would cause a reasonable person in that specific individual’s position, and is intended to cause that person, to fear death or death of a close relation, to fear bodily injury or bodily injury to a close relation, as defined, to suffer substantial emotional distress or to fear substantial emotional distress to a close relation. The bill would make a first violation of these provisions punishable as a misdemeanor or a felony. The bill would make a 2nd or subsequent violation of these provisions punishable as a felony. By expanding the scope of a crime, this bill would create a state-mandated local program.
(3) Existing law makes it a crime for a person who, with the intent to place another person in reasonable fear for that other person’s safety, or the safety of the other person’s immediate family, by means of an electronic communication device, and without consent of the other person, and for the purpose of imminently causing that other person unwanted contact, injury, or harassment by a third party, distributes personal identifying information that would be likely to incite or produce that unlawful action. Existing law makes this a misdemeanor punishable by up to one year in a county jail or by a fine of not more than $1,000.
This bill would make a 2nd or subsequent violation of that crime punishable by up to one year in a county jail, by a fine of not more than $5,000, or by both that fine and imprisonment. The bill would additionally make a person who engages in activities in violation of these provisions on 2 or more occasions subject to punishment by imprisonment in a county jail not to exceed one year, by a fine not to $5,000, or by both that fine or imprisonment, or as a felony by imprisonment in a county jail for 16 months or 2 or 3 years, by a fine not to exceed $10,000, or by both that fine and imprisonment. By increasing the punishment of a crime, this bill would create a state-mandated local program.
The bill would additionally authorize an individual who is a victim of this crime or of stalking to bring a civil action against the person who committed the offense, or against any person who knowingly benefits, financially or by receiving anything of value, from participation in a venture that the person knew or should have known has engaged in an act in violation of this crime, and to recover damages and any other appropriate relief, including reasonable attorney’s fees. The bill would also make an individual convicted of a violation of these crimes, where the victim is an employee of a public agency and the violation causes a response by that public agency to protect that employee, liable to that public agency for the reasonable costs of the response by that public agency.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law generally prohibits a person who has been convicted of certain misdemeanors from owning, purchasing, receiving, or possessing a firearm within 10 years of the conviction. Under existing law, a violation of this prohibition is a crime punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding $1,000, or by both that imprisonment and fine. Existing law generally makes it a crime, punishable as a misdemeanor or a felony, to possess an assault weapon, as defined.

This bill would prohibit a person who has been convicted of a misdemeanor for possessing an assault weapon from possessing a firearm within 10 years of the conviction. Because a violation of this prohibition would be a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The growth of online hate and harassment targeting Californians, including members of vulnerable and marginalized communities, is a threat that warrants redress by policymakers.
(b) According to a 2019 report from the Anti-Defamation League entitled “Online Hate and Harassment: The American Experience:”
(1) More than one-half of American adults, 53 percent, have experienced online harassment.
(2) Almost one-third of Americans, 32 percent, who had been harassed reported that the harassment was a result of their sexual orientation, religion, race or ethnicity, gender identity, or disability.
(3) Of individuals surveyed who experienced any type of online hate, 63 percent of those who identified as LGBTQ+ said they experienced harassment online because of their identity, followed by 35 percent of Muslims, 30 percent of Latinos, 27 percent of African Americans, 24 percent of women, 20 percent of Asian Americans, 16 percent of Jews, and 7 percent of those with a disability.
(4) The vast majority of the American public, 86 percent, want both government and private technology companies to act against online hate and harassment.
(5) More than one-third of Americans, 37 percent, experienced severe online hate and harassment in 2018, including sexual harassment, stalking, and physical threats or sustained harassment, a 205 percent increase from the 18 percent who reported such experiences in 2017.
(c) According to the Internet Crime Report’s statistics for 2018, the Federal Bureau of Investigation reports:
(1) The Internet Crime Complaint Center received 49,031 internet complaints for California, the highest number of reports of all states. This number includes a range of internet-related crimes, but is indicative of the general impact on Californians.
(2) Nationally, there were 18,415 complaints of internet harassment, including threats of violence, costing an estimated $21,903,829.
(3) Nationally there were also 50,642 personal data breaches and 16,128 reports of identity theft. These types of conduct can be associated with doxing.
(d) Forms of online harassment, including doxing, swatting, and cyberstalking, cause trauma and serious harm to affected individuals and communities, including individuals targeted because of a protected characteristic, such as race, religion, or gender.
(e) Californians must do more to protect everyone, including marginalized and vulnerable communities, against online hate and harassment, as well as its consequences on the ground.
(f) It is the intent of the Legislature to address this increasing and egregious conduct, and hold individual perpetrators accountable for the far-reaching harms they cause.

SEC. 2.

 Section 148.3 of the Penal Code is amended to read:

148.3.
 (a)  (1)  Any individual who who, on one occasion, reports, or causes any report to be made, to any city, county, city and county, or state department, district, agency, division, commission, or board, that an “emergency” emergency exists, knowing that the report is false, is guilty and intending or recklessly disregarding the possibility of a misdemeanor and upon conviction thereof shall be causing bodily harm, substantial emotional distress, property damage, or the misuse of public resources, is punishable by imprisonment in a county jail for a period not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. that fine for a first conviction. A second or subsequent conviction under this subdivision is punishable by imprisonment in a county jail for a period not exceeding one year, or by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment.
(2) Any person who engages in a course of conduct described in subdivision (a) on two or more occasions shall be punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed five thousand dollars ($5,000), or by both that fine or imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or three years, by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment. A violation of this paragraph shall not constitute felonious conduct for the purposes of Section 186.22.
(b) Any individual who reports, or causes any report to be made, to any city, county, city and county, or state department, district, agency, division, commission, or board, that an “emergency” exists, who knows that the report is false, and who knows or should know know, or recklessly disregards, that the response to the report is likely to cause death or great bodily injury, and great bodily injury or death is sustained by any person as a result of the false report, is guilty of a felony and upon conviction thereof shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than ten thousand dollars ($10,000), or by both that imprisonment and fine.
(c) “Emergency” as used in this section means any condition that results in, or could result in, the response of a public official in an authorized emergency vehicle, aircraft, or vessel, any condition that jeopardizes or could jeopardize public safety and results in, or could result in, the evacuation of any area, building, structure, vehicle, or of any other place that any individual may enter, or any situation that results in or could result in activation of the Emergency Alert System pursuant to Section 8594 of the Government Code. An activation or possible activation of the Emergency Alert System pursuant to Section 8594 of the Government Code shall not constitute an “emergency” for purposes of this section if it occurs as the result of a report made or caused to be made by a parent, guardian, or lawful custodian of a child that is based on a good faith belief that the child is missing.
(d) “Course of conduct” as used in this section means two or more acts occurring over a period of time, however short, evidencing a continuity of purpose.
(e) Notwithstanding subdivision (a) or (b), the court shall consider imposing alternative sanctions and other orders pursuant to other law, if the person convicted under this section is under 21 years of age at the time of the offense or if the court determines that there are mitigating circumstances and states those circumstances on the record.
(f) A violation of this section may be prosecuted where any defendant takes actions in violation of this section, where the report originated, where it is received, or where the emergency response takes place.

(d)

(g) Nothing in this section precludes punishment for the conduct described in subdivision (a) or (b) under any other section of law providing for greater punishment for that conduct.

(e)

(h) Any individual convicted of violating this section, based upon a report that resulted in an emergency response, is liable to a public agency for the reasonable costs of the emergency response by that public agency.
(i) (1) Any individual who is targeted by a false report in violation of this section may bring a civil action against the person who violated this section or any person who knowingly benefits, financially or by receiving anything of value, from participation in a venture that the person knew or should have known has engaged in an act in violation of this section, and may recover damages and any other appropriate relief, including reasonable attorney’s fees.
(2) Any individual who is found liable under this subdivision shall be jointly and severally liable with each other person, if any, who is found liable under this subdivision for damages arising from the same violation of this section.
(j) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(k) This section shall not allow prosecution for constitutionally protected activity.

SEC. 3.

 Section 601 of the Penal Code is amended to read:

601.
 (a) Any person is guilty of trespass who makes a credible threat to cause serious bodily injury, as defined in subdivision (a) of Section 417.6, to another person with the intent to place that other person in reasonable fear for his or her the person’s safety, or the safety of his or her the person’s immediate family, as defined in subdivision (l) of Section 646.9, and who does any of the following:
(1) Within 30 days of the threat, unlawfully enters into the residence or real property contiguous to the residence of the person threatened without lawful purpose, and with the intent to execute the threat against the target of the threat.
(2) Within 30 days of the threat, knowing that the place is the threatened person’s workplace, unlawfully enters into the workplace of the person threatened and carries out an act or acts to locate the threatened person within the workplace premises without lawful purpose, and with the intent to execute the threat against the target of the threat.
(b) Subdivision (a) shall not apply if the residence, real property, or workplace described in paragraph (1) or (2) that is entered is the residence, real property, or workplace of the person making the threat.
(c) This section shall not apply to any person who is engaged in labor union activities which are permitted to be carried out on the property by the California Agricultural Labor Relations Act, Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code, or by the National Labor Relations Act.
(d) A violation of this section shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment.
(e) For the purposes of this section, “immediate family” means any spouse, parent, child, any 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.

SEC. 4.

 Section 646.9 of the Penal Code is amended to read:

646.9.
 (a) Any person is guilty of the crime of stalking if the person intentionally or knowingly engages in a course of conduct, without a legitimate purpose, directed at or concerning another individual, that would cause a reasonable person in that specific individual’s position, and is intended to cause that person, to do any of the following:
(1) Fear death or death of the person’s close relation.
(2) Fear bodily injury or bodily injury to the person’s close relation.
(3) Suffer substantial emotional distress or to fear substantial emotional distress to the person’s close relation.
(b) (1) A first conviction of subdivision (a) shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170, by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($5,000), or by both that fine or imprisonment. A violation of this paragraph shall not constitute felonious conduct for the purposes of Section 186.22.
(2) A second or subsequent conviction of subdivision (a) shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170, by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment. A violation of this paragraph shall not constitute felonious conduct for the purposes of Section 186.22.

(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 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 one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison.

(b)

(c) Any 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)

(d) (1) Every 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 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)

(e) 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)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. Constitutionally protected activity is not included within the meaning of “course of conduct.”

(g)For the purposes of this section, “credible threat” means a verbal or written threat, including that performed 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 person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her 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 threat shall not be a bar to prosecution under this section. Constitutionally protected activity is not included within the meaning of “credible threat.”

(h)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 of Title 18 of the United States Code.

(i)

(f) This section shall not apply to conduct that occurs during labor picketing.

(j)

(g) If probation is granted, or the execution or imposition of a sentence is suspended, for any 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)

(h) (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. the victim’s close relation.
(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)For purposes of this section, “immediate family” means any spouse, parent, child, any 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)

(i) 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.
(j) (1) An individual who is a victim of an offense under this section may bring a civil action against the person who committed the offense, or any person who knowingly benefits, financially or by receiving anything of value, from participation in a venture that the person knew or should have known has engaged in an act in violation of this section, and may recover damages and any other appropriate relief, including reasonable attorney’s fees.
(2) An individual who is found liable under this subdivision shall be jointly and severally liable with each other person, if any, who is found liable under this subdivision, for damages arising from the same violation of this subdivision.
(k) Any individual convicted of a violation of this section, where the victim is an employee of a public agency and the violation causes a response by that public agency to protect that employee, including, but not limited to, increased security measures or reassigning employees, is liable to that public agency for the reasonable costs of the response by that public agency.
(l) For the purposes of this section:
(1) (A) “Conduct” includes, but is not limited to, either:
(i) A verbal or written threat, including that threat performed 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 actions. 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 threat shall not be a bar to prosecution under this section.
(ii) Any action, method, device, or means that directly or indirectly follows, monitors, tracks, observes, surveils, harasses, or communicates to or about a person, or interferes with a person’s property or accesses personal, medical, financial, or other nonpublic identifying or otherwise confidential information.
(B) Constitutionally protected activity is not included within the meaning of “conduct.”
(2) “Electronic communication device” includes, but is not limited to, telephones, cellular telephones, computers, video recorders, facsimile machines, or pagers. “Electronic communication” has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.
(3) “Close relation” means any current or former spouse or domestic partner, parent, child, grandparent or step-relative, any 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, or any person or entity with a significant personal or professional relationship.
(4) “Substantial emotional distress” means mental or emotional suffering, anxiety, fear, torment, or apprehension, that is protracted and not merely trivial or transitory. A physical manifestation of emotional distress or a mental health diagnosis is not required.
(m) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 5.

 Section 646.91 of the Penal Code is amended to read:

646.91.
 (a) Notwithstanding any other law, a judicial officer may issue an ex parte emergency protective order if a peace officer, as defined in Section 830.1, 830.2, 830.32, or subdivision (a) of Section 830.33, asserts reasonable grounds to believe that a person is in immediate and present danger of stalking based upon the person’s allegation that he or she the person has been willfully, maliciously, and repeatedly followed or harassed by another person who has made a credible threat with the intent of placing the person who is the target of the threat in reasonable fear for his or her their safety, or the safety of his or her their immediate family, within the meaning of Section 646.9. family.
(b) A peace officer who requests an emergency protective order shall reduce the order to writing and sign it.
(c) An emergency protective order shall include all of the following:
(1) A statement of the grounds asserted for the order.
(2) The date and time the order expires.
(3) The address of the superior court for the district or county in which the protected party resides.
(4) The following statements, which shall be printed in English and Spanish:
(A) “To the protected person: This order will last until the date and time noted above. If you wish to seek continuing protection, you will have to apply for an order from the court at the address noted above. You may seek the advice of an attorney as to any matter connected with your application for any future court orders. The attorney should be consulted promptly so that the attorney may assist you in making your application.”
(B) “To the restrained person: This order will last until the date and time noted above. The protected party may, however, obtain a more permanent restraining order from the court. You may seek the advice of an attorney as to any matter connected with the application. The attorney should be consulted promptly so that the attorney may assist you in responding to the application. You may not own, possess, purchase, or receive, or attempt to purchase or receive, a firearm while this order is in effect.”
(d) An emergency protective order may be issued under this section only if the judicial officer finds both of the following:
(1) That reasonable grounds have been asserted to believe that an immediate and present danger of stalking, as defined in Section 646.9, exists.
(2) That an emergency protective order is necessary to prevent the occurrence or reoccurrence of the stalking activity.
(e) An emergency protective order may include either of the following specific orders as appropriate:
(1) A harassment protective order as described in Section 527.6 of the Code of Civil Procedure.
(2) A workplace violence protective order as described in Section 527.8 of the Code of Civil Procedure.
(f) An emergency protective order shall be issued without prejudice to any person.
(g) An emergency protective order expires at the earlier of the following times:
(1) The close of judicial business on the fifth court day following the day of its issuance.
(2) The seventh calendar day following the day of its issuance.
(h) A peace officer who requests an emergency protective order shall do all of the following:
(1) Serve the order on the restrained person, if the restrained person can reasonably be located.
(2) Give a copy of the order to the protected person, or, if the protected person is a minor child, to a parent or guardian of the protected child if the parent or guardian can reasonably be located, or to a person having temporary custody of the child.
(3) File a copy of the order with the court as soon as practicable after issuance.
(4) Have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice.
(i) A peace officer shall use every reasonable means to enforce an emergency protective order.
(j) A peace officer who acts in good faith to enforce an emergency protective order is not civilly or criminally liable.
(k) A peace officer described in subdivision (a) or (b) of Section 830.32 who requests an emergency protective order pursuant to this section shall also notify the sheriff or police chief of the city in whose jurisdiction the peace officer’s college or school is located after issuance of the order.
(l)  “Judicial officer,” as As used in this section, means a judge, commissioner, or referee. the following terms have the following meanings:
(1) “Immediate family” means any spouse, parent, child, any 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.
(2) “Judicial officer” means a judge, commissioner, or referee.
(m) A person subject to an emergency protective order under this section shall not own, possess, purchase, or receive a firearm while the order is in effect.
(n) Nothing in this section shall be construed to permit a court to issue an emergency protective order prohibiting speech or other activities that are constitutionally protected or protected by the laws of this state or by the United States or activities occurring during a labor dispute, as defined by Section 527.3 of the Code of Civil Procedure, including, but not limited to, picketing and hand billing.
(o) The Judicial Council shall develop forms, instructions, and rules for the scheduling of hearings and other procedures established pursuant to this section.
(p) Any intentional disobedience of any emergency protective order granted under this section is punishable pursuant to Section 166. Nothing in this subdivision shall be construed to prevent punishment under Section 646.9, in lieu of punishment under this section, if a violation of Section 646.9 is also pled and proven.

SEC. 6.

 Section 653.2 of the Penal Code is amended to read:

653.2.
 (a) Every person who, on one occasion, with intent to place another person in reasonable fear for his or her their safety, or the safety of the other person’s immediate family, close relation, or intentionally harasses another person, by means of an electronic communication device, and without consent of the other person, and for the with a purpose of imminently causing that other person unwanted physical contact, injury, or harassment, by a third party, electronically distributes, publishes, e-mails, emails, hyperlinks, or makes available for downloading, personal identifying information, including, but not limited to, a digital image of another person, or an electronic message of a harassing nature about another person, which would be likely to incite or produce that unlawful action, is guilty of a misdemeanor punishable by up to one year in a county jail, by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment. imprisonment for a first conviction, and punishable by up to one year in a county jail, by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment for a second or subsequent conviction.
(b) Any person who engages in a course of conduct described in subdivision (a) on two or more occasions shall be punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed five thousand dollars ($5,000), or by both that fine or imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or three years, by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment. A violation of this paragraph shall not constitute felonious conduct for the purposes of Section 186.22.
(c) Notwithstanding subdivision (a), the court shall consider imposing alternative sanctions and other orders pursuant to other law, if the person convicted under this section is under 21 years of age at the time of the offense or if the court determines that there are mitigating circumstances and states those circumstances on the record.
(d) (1) An individual who is a victim of an offense under this section may bring a civil action against the person who committed the offense, or any person who knowingly benefits, financially or by receiving anything of value, from participation in a venture that the person knew or should have known has engaged in an act in violation of this section, and may recover damages and any other appropriate relief, including reasonable attorney’s fees.
(2) An individual who is found liable under this subdivision shall be jointly and severally liable with each other person, if any, who is found liable under this subdivision, for damages arising from the same violation of this subdivision.
(e) Any individual convicted of a violation of this section, where the victim is an employee of a public agency and the violation causes a response by that public agency to protect that employee, including, but not limited to, increased security measures or reassigning employees, is liable to that public agency for the reasonable costs of the response by that public agency.

(b)

(f) For purposes of this section, “electronic communication device” includes, but is not limited to, telephones, cell phones, computers, Internet Web pages or sites, Internet phones, hybrid cellular/Internet/wireless devices, personal digital assistants (PDAs), video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term is defined in Section 2510(12) of Title 18 of the United States Code.

(c)

(g) For purposes of this section, the following terms apply:
(1)  “Harasses” and “Harassment” means mean a knowing and willful course of conduct directed at a specific person that a reasonable person would consider as seriously alarming, seriously annoying, seriously tormenting, or seriously terrorizing the person and that serves no legitimate purpose.
(2) “Of a harassing nature” means of a nature that a reasonable person would consider as seriously alarming, seriously annoying, seriously tormenting, or seriously terrorizing of the person and that serves no legitimate purpose.
(3) “Close relation” means any current or former spouse or domestic partner, parent, child, grandparent or step-relative, any 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, or any person or entity with a significant personal or professional relationship.
(4) “Personal identifying information” has the same meaning as the term is defined in Section 530.55.
(k) This section shall not allow prosecution for constitutionally protected activity.

SEC. 7.

  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.
SECTION 1.Section 29805 of the Penal Code is amended to read:
29805.

(a)Except as provided in Section 29855, subdivision (a) of Section 29800, or subdivision (b), any person who has been convicted of, or has an outstanding warrant for, a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, subdivision (f) of Section 148.5, Section 171b, paragraph (1) of subdivision (a) of Section 171c, Section 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 422.6, 626.9, 646.9, 830.95, 17500, 17510, 25300, 25800, 30315, 30605, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, Section 487 if the property taken was a firearm, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, or if the individual has an outstanding warrant, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

(b)Any person who is convicted, on or after January 1, 2019, of a misdemeanor violation of Section 273.5, and who subsequently owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

(c)Except as provided in Section 29855, any person who is convicted on or after January 1, 2020, of a misdemeanor violation of Section 25100, 25135, or 25200, and who, within 10 years of the conviction owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

(d)The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860.

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.