BILL ANALYSIS SENATE RULES COMMITTEE SB 1796 Office of Senate Floor Analyses 1020 N Street, Suite 524 (916) 445-6614 Fax: (916) 327-4478 . UNFINISHED BUSINESS . Bill No: SB 1796 Author: Leslie (R), et al Amended: 7/21/98 Vote: 21 . SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/21/98 AYES: Vasconcellos, Rainey, Burton, Kopp, McPherson, Polanco, Schiff NOT VOTING: Watson SENATE APPROPRIATIONS COMMITTEE : 12-0, 5/26/98 AYES: Johnston, Alpert, Burton, Dills, Hughes, Johnson, Kelley, Leslie, McPherson, Mountjoy, O'Connell, Vasconcellos NOT VOTING: Calderon SENATE FLOOR : 37-0, 5/28/98 AYES: Alpert, Ayala, Brulte, Burton, Calderon, Costa, Dills, Greene, Hayden, Haynes, Hughes, Hurtt, Johannessen, Johnson, Johnston, Karnette, Kelley, Knight, Kopp, Leslie, Lockyer, Maddy, McPherson, Monteith, Mountjoy, O'Connell, Peace, Polanco, Rainey, Rosenthal, Schiff, Sher, Solis, Thompson, Vasconcellos, Watson, Wright NOT VOTING: Craven, Lewis ASSEMBLY FLOOR : 76-0, 8/20/98 (Passed on Consent) - See last page for vote . SUBJECT : Electronic stalking and harassment SOURCE : Author . DIGEST : This bill would add threats or annoying communications made by electronic communication, such as through the Internet, to existing statutes prohibiting threats or annoying communications by other means. Assembly Amendments : 1.Add co-authors. 2.Revise the definition of "credible threat." 3.Define "electronic communication device." 4.Exclude contracts made in good faith. 5.Expand existing law to include contact by means of electronic equipment, and define same. 6.Add double-joining language. ANALYSIS : Existing law provides that the tort of stalking occurs when the defendant engaged in a pattern of conduct intended to follow, alarm, or harass, resulting in the plaintiff reasonably fearing for his or her safety or the safety of an immediate family member, where the defendant has either made a credible threat or violated a restraining order. This bill would expand the definition of "credible threat" to mean a verbal or written threat, including that communicated by means 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 and apparent ability to carry out the threat so as to cause the persons who is the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family. The bill would define "electronic communication device" to include telephones, cellular telephones, computers, video records, FAX machines or pagers. (This definition is the same as used in federal law.) Existing law prohibits the willful threat to commit a crime which will result in the death or great bodily injury of another, with the specific intent that the statement be taken as a threat even if there is no actual intent of carrying out the crime, where the threat is so unequivocal, immediate, and specific so as to cause the recipient to reasonably be in sustained fear for his or her own safety or the safety of his or her immediate family. The punishment is an alternative felony/misdemeanor, punishable by imprisonment in a county jail not to exceed one year or in state prison for 16 months, two years, or three years. This bill would clarify that this provision applies to threatening statements made verbally, in writing, or electronically, whether via the Internet or by other means of electronic communication. Existing law prohibits, regardless of the good faith of the caller, the making of telephone calls to others with the intent to annoy, where the caller either uses obscene language or makes threats to the other party's person or property. Existing law also prohibits the repeated telephoning of another at the recipient's residence or, under certain circumstances, place of work, with the intent to annoy, except where the repeated telephoning is conducted in good faith. An offense committed by use of a telephone may be deemed to have been committed either where the call was made or where it was received. The offense is a misdemeanor. This bill would expand these provisions to include the sending of electronic communications, and would apply a good faith exception to obscene and threatening communications. In the case of electronic communications, the violation would be deemed to be at the location from which the communication was sent or was first received by the recipient. Any offense committed by use of an electronic communication device or medium, including the Internet, may be deemed to have been committed where the electronic communication or communications were originally sent or first viewed by the recipient. The bill also states that the adoption of these changes is not intended to restrict the types of conduct or actions that can constitute harassment or stalking. This bill is double-joined with AB 2351 (Hertzberg) dealing with computer crimes. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee: Fiscal Impact (in thousands) Major Provisions 1998-99 1999-2000 2000-01 Fund Cyberstalking Unknown increased costs, potentiallyGeneral $62 in 1998-99 and $124 in subsequent years for incarceration in state prison Unknown increased costs for county jail and probation SUPPORT : (Verified 8/20/98) Attorney General California District Attorneys Association California State Sheriffs' Association California Peace Officers' Association California Police Chiefs' Association National Organization for Women Kids Safe California Alliance for Consumer Protection Adult Entertainment Industry Education Fund CyberAngels Internet Safety Organization California Psychiatric Association Sacramento Area Stalking Survivors Sacramento District Attorney ARGUMENTS IN SUPPORT : According to the author's office, "Senate Bill 1796 seeks to make "cyberstalking punishable under current harassment and stalking laws. Cyberstalking is new high-tech version of an old terror, "stalking." At its worst, it becomes real world stalking, with potentially dangerous and even deadly consequences. It can take the form of threatening, obscene or hateful e-mail, spreading vicious rumors about a victim on-line, an electronic sabotage like e-mail bombs (overwhelming a victim's system with possibly thousands of e-mails). This bill would clarify that electronic communication includes e-mail, faxes, Internet communication (such as "chat rooms", "bulletin boards", etc.), and electronic voice mail and pagers. According to CyberAngeles Internet Safety Organization, "Criminal 'cyberstalking' appears to have caught professional law enforcement unprepared. The technology is so new that cyberstalking victims often find themselves vainly trying to explain what is happening to them to technologically unprepared police officers and prosecutors. However, more and more law enforcement officers and district attorneys are becoming aware and educated in the area of high tech crime. There is a growing consensus in California that current stalking and harassment laws need to be expanded to also include electronic communication. "Both men and women can be stalked on-line, but the majority of victims, as off-line, are female. It is estimated that there are 200,000 real life stalkers in America today, out of a population of around 250 million; that is 0.0008% of the U.S. population. In other words, roughly 1 in 1250 persons is a stalker. It is estimate that over 1.5 million Americans today have been or are currently stalking victims; that is 0.006% of the population, or 1 person in 166. If these figures were reflected on the Internet (although no one actually knows these figures for sure), then we would find 40,000 Internet stalkers cruising the information superhighway, stalking an estimated 300,000 targets nationwide." ASSEMBLY FLOOR : AYES: Ackerman, Aguiar, Alby, Alquist, Aroner, Ashburn, Baca, Battin, Baugh, Bordonaro, Bowen, Bowler, Brewer, Brown, Bustamante, Campbell, Cardenas, Cardoza, Cedillo, Cunneen, Davis, Ducheny, Escutia, Figueroa, Firestone, Floyd, Gallegos, Goldsmith, Granlund, Havice, Hertzberg, Honda, House, Kaloogian, Keeley, Knox, Kuehl, Kuykendall, Leach, Lempert, Leonard, Margett, Martinez, Mazzoni, McClintock, Migden, Miller, Morrissey, Morrow, Murray, Napolitano, Olberg, Oller, Ortiz, Pacheco, Papan, Perata, Poochigian, Prenter, Pringle, Richter, Runner, Scott, Shelley, Strom-Martin, Sweeney, Thompson, Thomson, Torlakson, Vincent, Washington, Wayne, Wildman, Woods, Wright, Villaraigosa NOT VOTING: Baldwin, Frusetta, Machado, Takasugi RJG:ctl 8/21/98 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****