California 2021-2022 Regular Session Status: Enacted 1 D cosponsors

AB 764 — Contempt of court: victim intimidation.

Last action — Chaptered by Secretary of State - Chapter 704, Statutes of 2021.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 16, 2021. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 16 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law makes it a misdemeanor to willfully disobey the terms, as written, of a process or court order or out-of-state court order, lawfully issued by a court. Under existing law, if a person violates this provision by willfully contacting a victim by telephone or mail or directly and has a prior conviction for stalking, as defined, the person is punished by not more than one year in county jail, a fine of $5,000, or both that fine and imprisonment. This bill would specify that this fine is to be no more than $5,000. The bill would expand the above punishment to a person with a prior conviction for stalking who has violated a court order by willfully contacting the victim by social media, electronic communication, or electronic communication device. By expanding the definition of a crime, this 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 704, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 0. Page 2847.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 5 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2391.).

  7. Ordered to special consent calendar.

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 7. Noes 0.) (August 26).

  10. In committee: Referred to suspense file.

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 13).

  13. Referred to Com. on PUB. S.

  14. In Senate. Read first time. To Com. on RLS. for assignment.

  15. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1330.)

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 16. Noes 0.) (April 28).

  18. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 13). Re-referred to Com. on APPR.

  19. Re-referred to Com. on PUB. S.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  21. Referred to Com. on PUB. S.

  22. From printer. May be heard in committee March 19.

  23. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 17 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 6 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 4000
Unaffiliated 2000
Republican 0200
Total 6200
% of votes cast 75%25%0%0%
How each member voted (8)
Member Party Vote
Glazer — Yea
Skinner — Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Seyarto, Kelly Republican Nay

Official roll call →

AB 764 Bryan Assembly Third Reading

Passed 62 Yea · 17 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15500
Democratic 47000
Republican 01201
Total 621701
% of votes cast 78%21%0%1%
How each member voted (80)
Member Party Vote
Friedman — Yea
Low — Yea
Wood — Yea
Santiago — Yea
Essayli — Nay
Waldron — Nay
Mathis — Nay
Holden — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Nay
Chen, Phillip Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Dixon, Diane Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Hoover, Josh Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay
Sanchez, Kate Republican Nay
Ta, Tri Republican Nay
Wallis, Greg Republican Nay

Official roll call →

Do pass as amended.

Passed 11 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 9001
Unaffiliated 2100
Republican 0300
Total 11401
% of votes cast 69%25%0%6%
How each member voted (16)
Member Party Vote
Holden — Yea
Mathis — Nay
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Hart, Gregg Democratic Yea
Lowenthal, Josh Democratic Yea
Ortega, Liz Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Rivas, Robert Democratic Not Voting
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Nay
Dixon, Diane Republican Nay
Sanchez, Kate Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 6 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 6000
Republican 0100
Unaffiliated 0100
Total 6200
% of votes cast 75%25%0%0%
How each member voted (8)
Member Party Vote
Waldron — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Boerner, Tasha Democratic Yea
Pacheco, Blanca Democratic Yea
Ramos, James C. Democratic Yea
Rivas, Robert Democratic Yea
Wilson, Lori D. Democratic Yea
Dixon, Diane Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Local Government]

Passed 5 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 5000
Republican 0100
Unaffiliated 0002
Total 5102
% of votes cast 63%13%0%25%
How each member voted (8)
Member Party Vote
Essayli — Not Voting
Low — Not Voting
Bennett, Steve Democratic Yea
Bryan, Isaac G. Democratic Yea
Lee, Alex Democratic Yea
Pellerin, Gail Democratic Yea
Rubio, Blanca E. Democratic Yea
Lackey, Tom Republican Nay

Official roll call →

AB 764 Cervantes Concurrence in Senate Amendments

Passed 73 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 39005
Democratic 25002
Republican 9000
Total 73007
% of votes cast 91%0%0%9%
How each member voted (80)
Member Party Vote
Voepel — Yea
Friedman — Yea
Cooley — Yea
Mathis — Yea
Bigelow — Yea
Chiu — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Kiley — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Frazier — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Smith — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Gray — Not Voting
Levine — Not Voting
Bloom — Not Voting
Rendon — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Not Voting
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Special Consent AB764

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 11002
Unaffiliated 23000
Republican 3001
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Melendez — Yea
Newman — Yea
Glazer — Yea
Bates — Yea
Atkins — Yea
Nielsen — Yea
Rubio — Yea
Portantino — Yea
Hertzberg — Yea
Eggman — Yea
Dodd — Yea
Gonzalez — Yea
Borgeas — Yea
Wilk — Yea
Bradford — Yea
Min — Yea
Hueso — Yea
Kamlager — Yea
Skinner — Yea
Leyva — Yea
Pan — Yea
Wieckowski — Yea
Roth — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 4000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Kamlager — Yea
Portantino — Yea
Bates — Yea
Bradford — Yea
Laird, John Democratic Yea
McGuire, Mike Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bradford — Yea
Bates — Yea
Portantino — Yea
Wieckowski — Yea
Kamlager — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

AB 764 Cervantes Assembly Third Reading

Passed 76 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 27000
Unaffiliated 40001
Republican 9001
Total 76002
% of votes cast 97%0%0%3%
How each member voted (78)
Member Party Vote
Bloom — Yea
Friedman — Yea
Voepel — Yea
Cooley — Yea
Mathis — Yea
Bigelow — Yea
Chiu — Yea
Rendon — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Kiley — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Wood — Yea
Low — Yea
Frazier — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Smith — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Mullin — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 6000
Republican 2000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Bloom — Yea
Quirk — Yea
Nazarian — Yea
Bigelow — Yea
Chau — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Kalra, Ash Democratic Yea
Rivas, Robert Democratic Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar

Passed 8 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3000
Republican 2000
Democratic 3000
Total 8000
% of votes cast 100%0%0%0%
How each member voted (8)
Member Party Vote
Jones-Sawyer — Yea
Santiago — Yea
Quirk — Yea
Bauer-Kahan, Rebecca Democratic Yea
Lee, Alex Democratic Yea
Wicks, Buffy Democratic Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 764 do?
Existing law makes it a misdemeanor to willfully disobey the terms, as written, of a process or court order or out-of-state court order, lawfully issued by a court. Under existing law, if a person violates this provision by willfully contacting a victim by telephone or mail or directly and has a prior conviction for stalking, as defined, the person is punished by not more than one year in county jail, a fine of $5,000, or both that fine and imprisonment. This bill would specify that this fine is to be no more than $5,000. The bill would expand the above punishment to a person with a prior conviction for stalking who has violated a court order by willfully contacting the victim by social media, electronic communication, or electronic communication device. By expanding the definition of a crime, this 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.
Who sponsors AB 764?
AB 764 is sponsored by Cervantes, Sabrina (Democratic).
What is the current status of AB 764?
This bill has been enacted into law. Introduced February 16, 2021. Enacted.
Where can I track AB 764?
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