BILL NUMBER: AB 978 CHAPTERED 10/04/05 CHAPTER 472 FILED WITH SECRETARY OF STATE OCTOBER 4, 2005 APPROVED BY GOVERNOR OCTOBER 4, 2005 PASSED THE ASSEMBLY AUGUST 29, 2005 PASSED THE SENATE AUGUST 22, 2005 AMENDED IN SENATE AUGUST 15, 2005 AMENDED IN SENATE JUNE 20, 2005 AMENDED IN ASSEMBLY APRIL 14, 2005 INTRODUCED BY Assembly Member Sharon Runner (Principal coauthor: Senator Alquist) FEBRUARY 18, 2005 An act to add Section 527.10 to the Code of Civil Procedure, to add Sections 6252.5 and 6322.7 to the Family Code, to add Sections 136.3 and 646.91A to the Penal Code, and to add Sections 213.7 and 15657.04 to the Welfare and Institutions Code, relating to protective orders. LEGISLATIVE COUNSEL'S DIGEST AB 978, Sharon Runner Restraining orders: stalking. Existing law authorizes courts to issue protective orders and emergency protective orders under various circumstances, including cases of domestic violence, stalking, abuse against elder or dependent adults, victim or witness intimidation, and workplace violence. Existing law also authorizes a court to issue an ex parte order prohibiting disclosure of the address or other identifying information of a party, child, parent, guardian, or other caretaker of a child. The willful disobedience of the terms, as written, of a court order or the intentional and knowing violation of a protective order or stay away order issued as specified, is a misdemeanor. This bill would require a court to order that any party who is enjoined pursuant to the orders described above be prohibited from taking any action to obtain the address or location of a protected party or his or her family members, caretakers, or guardian, unless there is good cause not to make that order. The bill would also require the Judicial Council to promulgate forms necessary to effectuate those provisions. Because the willful disobedience of the terms as written of a court order, or the intentional and knowing violation of a protective order or a stay away order issued as specified, is a misdemeanor, the bill would create a new crime, thereby imposing 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 527.10 is added to the Code of Civil Procedure, to read: 527.10. (a) The court shall order that any party enjoined pursuant to Sections 527.6 and 527.8 be prohibited from taking any action to obtain the address or location of a protected party or a protected party's family members, caretakers, or guardian, unless there is good cause not to make that order. (b) The Judicial Council shall promulgate forms necessary to effectuate this section. SEC. 2. Section 6252.5 is added to the Family Code, to read: 6252.5. (a) The court shall order that any party enjoined pursuant to an order issued under this part be prohibited from taking any action to obtain the address or location of a protected party or a protected party's family members, caretakers, or guardian, unless there is good cause not to make that order. (b) The Judicial Council shall promulgate forms necessary to effectuate this section. SEC. 3. Section 6322.7 is added to the Family Code, to read: 6322.7. (a) The court shall order that any party enjoined pursuant to an order issued under this part be prohibited from taking any action to obtain the address or location of a protected party or a protected party's family members, caretakers, or guardian, unless there is good cause not to make that order. (b) The Judicial Council shall promulgate forms necessary to effectuate this section. SEC. 4. Section 136.3 is added to the Penal Code, to read: 136.3. (a) The court shall order that any party enjoined pursuant to Section 136.2 be prohibited from taking any action to obtain the address or location of a protected party or a protected party's family members, caretakers, or guardian, unless there is good cause not to make that order. (b) The Judicial Council shall promulgate forms necessary to effectuate this section. SEC. 5. Section 646.91A is added to the Penal Code, to read: 646.91A. (a) The court shall order that any party enjoined pursuant to Section 646.91 be prohibited from taking any action to obtain the address or location of a protected party or a protected party's family members, caretakers, or guardian, unless there is good cause not to make that order. (b) The Judicial Council shall promulgate forms necessary to effectuate this section. SEC. 6. Section 213.7 is added to the Welfare and Institutions Code, to read: 213.7. (a) The court shall order that any party enjoined pursuant to Section 213.5, 304, 362.4, or 726.5 be prohibited from taking any action to obtain the address or location of a protected party or a protected party's family members, caretakers, or guardian, unless there is good cause not to make that order. (b) The Judicial Council shall promulgate forms necessary to effectuate this section. SEC. 7. Section 15657.04 is added to the Welfare and Institutions Code, to read: 15657.04. (a) The court shall order that any party enjoined pursuant to Section 15657.03 be prohibited from taking any action to obtain the address or location of a protected party or a protected party's family members, caretakers, or guardian, unless there is good cause not to make that order. (b) The Judicial Council shall promulgate forms necessary to effectuate this section. SEC. 8. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.