§ 594.39. — 594.39. (Added by Stats. 2021, Ch. 737, Sec. 2.)

California § 594.39.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 14.
• Part 1.: TITLE 14. MALICIOUS MISCHIEF

Text

(a)
It is unlawful to knowingly approach within 30 feet of any person while a person is within 100 feet of the entrance or exit of a vaccination site and is seeking to enter or exit a vaccination site, or any occupied motor vehicle seeking entry or exit to a vaccination site, for the purpose of obstructing, injuring, harassing, intimidating, or interfering with that person or vehicle
occupant.
(b)
A violation of subdivision (a) is punishable by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
(c)
For purposes of this section:
(1)
“Harassing” means knowingly approaching, without consent, within 30 feet of another person or occupied vehicle for the purpose of passing a leaflet or
handbill to, displaying a sign to, or engaging in oral protest, education, or counseling with, that other person in a public way or on a sidewalk area.
(2)
“Interfering with” means restricting a person’s freedom of movement.
(3)
“Intimidating” means making a true threat directed to a person or group of persons with the intent of placing that person or group of persons in fear of bodily harm or death.
(4)
“Obstructing” means rendering ingress to or egress from a vaccination site, or rendering passage
to or from a vaccination site, unreasonably difficult or hazardous.
(5)
“True threat” means a statement
in which the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular person or group of persons regardless of whether the person actually intends to act on the threat.
(6)
“Vaccination site” means the physical location where vaccination services are provided, including, but not limited to, a hospital, physician’s office, clinic, or any retail space or pop-up location made available for vaccination services.
(d)
It is not a violation of this section to engage in lawful picketing arising out of a labor dispute, as provided in Section 527.3 of the Code of Civil Procedure.
(e)
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.

Legislative History

Added by Stats. 2021, Ch. 737, Sec. 2. (SB 742) Effective October 8, 2021.