BILL NUMBER: SB 399 CHAPTERED 07/28/03 CHAPTER 134 FILED WITH SECRETARY OF STATE JULY 28, 2003 APPROVED BY GOVERNOR JULY 27, 2003 PASSED THE ASSEMBLY JULY 10, 2003 PASSED THE SENATE MAY 8, 2003 AMENDED IN SENATE APRIL 29, 2003 INTRODUCED BY Senator Kuehl FEBRUARY 20, 2003 An act to amend Sections 6401 and 6402 of the Family Code, relating to foreign protection orders. LEGISLATIVE COUNSEL'S DIGEST SB 399, Kuehl. Foreign protection orders. Existing law, the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, authorizes the enforcement of a valid foreign protection order in a tribunal of this state under certain conditions. Existing law also requires a law enforcement officer of this state to enforce a foreign protection order upon determining that there is probable cause to believe that a valid foreign protection order exists and has been violated. This bill would expand the definition of protection order by including orders issued under antistalking laws. This bill would remove provisions prohibiting enforcement of a provision of a foreign protection order respecting support and make a related statement of legislative findings and declarations. This bill would also make other clarifying changes. By imposing new duties on local law enforcement officers, the bill would create 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 6401 of the Family Code is amended to read: 6401. In this part: (1) "Foreign protection order" means a protection order issued by a tribunal of another state. (2) "Issuing state" means the state whose tribunal issues a protection order. (3) "Mutual foreign protection order" means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent. (4) "Protected individual" means an individual protected by a protection order. (5) "Protection order" means an injunction or other order, issued by a tribunal under the domestic violence, family violence, or antistalking laws of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual. (6) "Respondent" means the individual against whom enforcement of a protection order is sought. (7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or any branch of the United States military, that has jurisdiction to issue protection orders. (8) "Tribunal" means a court, agency, or other entity authorized by law to issue or modify a protection order. SEC. 2. Section 6402 of the Family Code is amended to read: 6402. (a) A person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a tribunal of this state. The tribunal shall enforce the terms of the order, including terms that provide relief that a tribunal of this state would lack power to provide but for this section. The tribunal shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition, or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the tribunal shall follow the procedures of this state for the enforcement of protection orders. (b) A tribunal of this state may not enforce a foreign protection order issued by a tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order. (c) A tribunal of this state shall enforce the provisions of a valid foreign protection order which govern custody and visitation, if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state. (d) A foreign protection order is valid if it meets all of the following criteria: (1) Identifies the protected individual and the respondent. (2) Is currently in effect. (3) Was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state. (4) Was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an order ex parte, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the rights of the respondent to due process. (e) A foreign protection order valid on its face is prima facie evidence of its validity. (f) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order. (g) A tribunal of this state may enforce provisions of a mutual foreign protection order which favor a respondent only if both of the following are true: (1) The respondent filed a written pleading seeking a protection order from the tribunal of the issuing state. (2) The tribunal of the issuing state made specific findings in favor of the respondent. SEC. 3. The Legislature finds and declares that the changes made by this act that delete the current subdivision (d) of Section 6402 of the Family Code are not intended to make a change in, but are declaratory of, existing law. Under existing law, support orders are enforced pursuant to the Uniform Interstate Family Support Act (Chapter 6 (commencing with Section 4900) of Part 5 of Division 9 of the Family Code). Because Section 6402 of the Family Code relates to protection orders, the Legislature further finds and declares that the reference to support orders in subdivision (d) of that provision is inappropriate and does not comport with the intent of the Legislature. SEC. 4. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.