Feb

20

2014

AB 1982, as introduced, Ting. Stalking

Under existing law, 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. Existing law provides that a person who violates these provisions after having been convicted of certain other crimes is subject to additional punishment, as specified.

This bill would instead provide that a person is guilty of the crime of stalking when that person 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 or the safety of his or her immediate family, or to suffer substantial emotional distress, as defined. The bill would include additional crimes for which a person is subject to additional punishment if that person violates these provisions after having been convicted of those crimes. The bill would also require a person who violates these provisions by engaging in a course of conduct directed at a person who was a minor at the time during the course of that conduct to be punished by imprisonment in the state prison for 2, 3, or 5 years. By changing the definition of a crime, this bill would impose a state-mandated local program.

Under existing law, evidence of a person’s character or a trait of his or her character is inadmissible when offered to prove his or her conduct on a particular occasion, except as specified. Existing law provides, however, that when a defendant is accused of an offense involving domestic violence in a criminal action, evidence of the defendant’s commission of other domestic violence may be admitted to prove the defendant’s conduct, except when the court exercises its discretion to exclude the evidence of prior acts, as specified.

This bill would provide that when a defendant is accused of an offense involving stalking in a criminal action, evidence of the defendant’s prior acts of stalking may be admitted to prove the defendant’s conduct, except as specified.

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.

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