BILL ANALYSIS                                                                                                                                                                                                    



SENATE RULES COMMITTEE                           SB 1796  
Office of Senate Floor Analyses
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                     UNFINISHED BUSINESS
                                                              
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Bill No:  SB 1796
Author:   Leslie (R), et al
Amended:  7/21/98
Vote:     21
                                                              
                                                             
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  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
                                                              
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SUBJECT  :    Electronic stalking and harassment

  SOURCE  :     Author
                                                              
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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
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