BILL NUMBER: AB 1771	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 29, 2008
	AMENDED IN ASSEMBLY  MARCH 10, 2008

INTRODUCED BY   Assembly Member Ma
   (Coauthors: Assembly Members Aghazarian, Berg, Dymally, Horton,
and Portantino)

                        JANUARY 10, 2008

    An act to amend Section 136.2 of, and to add Section
1463.24 to, and Chapter 3 (commencing with Section 13720) to Title 5
of Part 4 of,   An act to amend Sections 136.2 and
273.75 of  the Penal Code, relating to domestic violence.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1771, as amended, Ma. Domestic violence:  convictions.
  restraining orders. 
   Existing law authorizes a court to issue a domestic violence
restraining order upon a good cause belief that harm to a victim has
occurred or is reasonably likely to occur.
   This bill would provide that  "good cause" may be found
based on evidence that the person against whom the order is to be
issued has previously been convicted of a crime of domestic violence,
as defined   , in determining whether good cause exists
to issue an order under that provision, in any case in which a
complaint, information, or indictment charging a crime of domestic
violence has been filed, the court may consider the underlying natur
  e of the offense charged, and information provided to the
court pursuant to a criminal history search, as specified  .

   Existing law provides for the imposition of various fines,
forfeitures, and penalties upon a criminal conviction. 

   This bill would authorize an additional assessment to be imposed
upon a conviction for a crime of domestic violence, to be used to
fund domestic violence prevention programs in the counties. This bill
also would require the superior court of a county to provide to any
person, upon request, without charge, any information regarding a
domestic violence conviction that is currently available to the
public, except personal identifying information about the victim or
minor children, as specified. Because the bill would impose
additional duties on local governmental agencies, the bill would
impose a state-mandated local program.  
   Under existing law, the Department of Justice is responsible for
compiling and maintaining criminal record information. 

   This bill would require the Attorney General to develop an
Internet Web site that is available to the public that contains
certain information about persons who have been convicted of at least
one felony domestic violence offense or at least two misdemeanor
domestic violence offenses. The Attorney General would be required to
update the Web site on a regular basis. This information would be
required to be retained on the Web site for 10 years, as specified.
 
   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, 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. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
 no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 136.2 of the Penal Code is amended to read:
   136.2.  (a) Except as provided in subdivision (c), upon a good
cause belief that harm to, or intimidation or dissuasion of, a victim
or witness has occurred or is reasonably likely to occur, any court
with jurisdiction over a criminal matter may issue orders including,
but not limited to, the following:
   (1) Any order issued pursuant to Section 6320 of the Family
 Code. For purposes this paragraph, "good cause" may be found
based on evidence that the person against whom the order is to be
issued has previously been convicted of a crime of domestic violence,
as defined in Section 13700.   Code. 
   (2) An order that a defendant shall not violate any provision of
Section 136.1.
   (3) An order that a person before the court other than a
defendant, including, but not limited to, a subpoenaed witness or
other person entering the courtroom of the court, shall not violate
any provisions of Section 136.1.
   (4) An order that any person described in this section shall have
no communication whatsoever with any specified witness or any victim,
except through an attorney under any reasonable restrictions that
the court may impose.
   (5) An order calling for a hearing to determine if an order as
described in paragraphs (1) to (4), inclusive, should be issued.
   (6) An order that a particular law enforcement agency within the
jurisdiction of the court provide protection for a victim or a
witness, or both, or for immediate family members of a victim or a
witness who reside in the same household as the victim or witness or
within reasonable proximity of the victim's or witness' household, as
determined by the court. The order shall not be made without the
consent of the law enforcement agency except for limited and
specified periods of time and upon an express finding by the court of
a clear and present danger of harm to the victim or witness or
immediate family members of the victim or witness.
   For purposes of this paragraph, "immediate family members" include
the spouse, children, or parents of the victim or witness.
   (7) (A) Any order protecting victims of violent crime from all
contact by the defendant, or contact, with the intent to annoy,
harass, threaten, or commit acts of violence, by the defendant. The
court or its designee shall transmit orders made under this paragraph
to law enforcement personnel within one business day of the
issuance, modification, extension, or termination of the order,
pursuant to subdivision (a) of Section 6380 of the Family Code. It is
the responsibility of the court to transmit the modification,
extension, or termination orders made under this paragraph to the
same agency that entered the original protective order into the
Domestic Violence Restraining Order System.
   (B) (i) If a court does not issue an order pursuant to
subparagraph (A) in a case in which the defendant is charged with a
crime of domestic violence as defined in Section 13700, the court on
its own motion shall consider issuing a protective order upon a good
cause belief that harm to, or intimidation or dissuasion of, a victim
or witness has occurred or is reasonably likely to occur, that
provides as follows:
   (I) The defendant shall not own, possess, purchase, receive, or
attempt to purchase or receive, a firearm while the protective order
is in effect.
   (II) The defendant shall relinquish any firearms that he or she
owns or possesses pursuant to Section 527.9 of the Code of Civil
Procedure.
   (ii) Every person who owns, possesses, purchases, or receives, or
attempts to purchase or receive, a firearm while this protective
order is in effect is punishable pursuant to subdivision (g) of
Section 12021.
   (C) Any order issued, modified, extended, or terminated by a court
pursuant to this paragraph shall be issued on forms adopted by the
Judicial Council of California and that have been approved by the
Department of Justice pursuant to subdivision (i) of Section 6380 of
the Family Code. However, the fact that an order issued by a court
pursuant to this section was not issued on forms adopted by the
Judicial Council and approved by the Department of Justice shall not,
in and of itself, make the order unenforceable.
   (b) Any person violating any order made pursuant to paragraphs (1)
to (7), inclusive, of subdivision (a) may be punished for any
substantive offense described in Section 136.1, or for a contempt of
the court making the order. A finding of contempt shall not be a bar
to prosecution for a violation of Section 136.1. However, any person
so held in contempt shall be entitled to credit for any punishment
imposed therein against any sentence imposed upon conviction of an
offense described in Section 136.1. Any conviction or acquittal for
any substantive offense under Section 136.1 shall be a bar to a
subsequent punishment for contempt arising out of the same act.
   (c) (1) Notwithstanding subdivisions (a) and (e), an emergency
protective order issued pursuant to Chapter 2 (commencing with
Section 6250) of Part 3 of Division 10 of the Family Code or Section
646.91 of the Penal Code shall have precedence in enforcement over
any other restraining or protective order, provided the emergency
protective order meets all of the following requirements:
   (A) The emergency protective order is issued to protect one or
more individuals who are already protected persons under another
restraining or protective order.
   (B) The emergency protective order restrains the individual who is
the restrained person in the other restraining or protective order
specified in subparagraph (A).
   (C) The provisions of the emergency protective order are more
restrictive in relation to the restrained person than are the
provisions of the other restraining or protective order specified in
subparagraph (A).
   (2) An emergency protective order that meets the requirements of
paragraph (1) shall have precedence in enforcement over the
provisions of any other restraining or protective order only with
respect to those provisions of the emergency protective order that
are more restrictive in relation to the restrained person.
   (d) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, receive, or attempt to
purchase or receive a firearm while the protective order is in
effect.
   (2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9 of the Code of Civil
Procedure.
   (3) Every person who owns, possesses, purchases or receives, or
attempts to purchase or receive a firearm while the protective order
is in effect is punishable pursuant to subdivision (g) of Section
12021 of the Penal Code.
   (e) (1) In all cases where the defendant is charged with a crime
of domestic violence, as defined in Section 13700, the court shall
consider issuing the above-described orders on its own motion. All
interested parties shall receive a copy of those orders. In order to
facilitate this, the court's records of all criminal cases involving
domestic violence shall be marked to clearly alert the court to this
issue.
   (2) In those cases in which a complaint, information, or
indictment charging a crime of domestic violence, as defined in
Section 13700, has been issued, a restraining order or protective
order against the defendant issued by the criminal court in that case
has precedence in enforcement over any civil court order against the
defendant, unless a court issues an emergency protective order
pursuant to Chapter 2 (commencing with Section 6250) of Part 3 of
Division 10 of the Family Code or Section 646.91 of the Penal Code,
in which case the emergency protective order shall have precedence in
enforcement over any other restraining or protective order, provided
the emergency protective order meets the following requirements:
   (A) The emergency protective order is issued to protect one or
more individuals who are already protected persons under another
restraining or protective order.
   (B) The emergency protective order restrains the individual who is
the restrained person in the other restraining or protective order
specified in subparagraph (A).
   (C) The provisions of the emergency protective order are more
restrictive in relation to the restrained person than are the
provisions of the other restraining or protective order specified in
subparagraph (A).
   (3) Custody and visitation with respect to the defendant and his
or her minor children may be ordered by a family or juvenile court
consistent with the protocol established pursuant to subdivision (f),
but if ordered after a criminal protective order has been issued
pursuant to this section, the custody and visitation order shall make
reference to, and acknowledge the precedence of enforcement of, any
appropriate criminal protective order. On or before July 1, 2006, the
Judicial Council shall modify the criminal and civil court forms
consistent with this subdivision.
   (f) On or before January 1, 2003, the Judicial Council shall
promulgate a protocol, for adoption by each local court in
substantially similar terms, to provide for the timely coordination
of all orders against the same defendant and in favor of the same
named victim or victims. The protocol shall include, but shall not be
limited to, mechanisms for assuring appropriate communication and
information sharing between criminal, family, and juvenile courts
concerning orders and cases that involve the same parties, and shall
permit a family or juvenile court order to coexist with a criminal
court protective order subject to the following conditions:
   (1) Any order that permits contact between the restrained person
and his or her children shall provide for the safe exchange of the
children and shall not contain language either printed or handwritten
that violates a "no contact order" issued by a criminal court.
   (2) Safety of all parties shall be the courts' paramount concern.
The family or juvenile court shall specify the time, day, place, and
manner of transfer of the child, as provided in Section 3100 of the
Family Code.
   (g) On or before January 1, 2003, the Judicial Council shall
modify the criminal and civil court protective order forms consistent
with this section. 
   (h) In any case in which a complaint, information, or indictment
charging a crime of domestic violence, as defined in Section 13700,
has been filed, the court may consider, in determining whether good
cause exists to issue an order under paragraph (1) of subdivision
(a), the underlying nature of the offense charged, and the
information provided to the court pursuant to Section 273.75. 

  SEC. 2.    Section 1463.24 is added to the Penal
Code, to read:
   1463.24.  Notwithstanding any other provision of law, in addition
to any other fine or penalty assessment, there shall be levied an
assessment of not more than ______ dollars ($____) upon every fine,
penalty, or forfeiture imposed and collected by the courts for a
crime of domestic violence, as defined in Section 13700.
Notwithstanding Section 1463 or 1464, money collected pursuant to
this section shall be used to fund domestic violence prevention
programs in the counties.  
  SEC. 3.    Chapter 3 (commencing with Section
13720) is added to Title 5 of Part 4 of the Penal Code, to read:
      CHAPTER 3.  INFORMATION DISSEMINATION


   13720.  The Attorney General shall develop an Internet Web site
that is available to the public that contains the name, date of
birth, and date or dates of any conviction or convictions for
domestic violence of persons who are convicted of at least one felony
domestic violence offense or at least two misdemeanor domestic
violence offenses. The Attorney General shall update the Web site on
a regular basis. Information shall be retained on the Web site until
a period of 10 years has passed during which the offender remains
free of any conviction for domestic violence.
   13721.  Upon request, the superior court of a county shall provide
to any person, without charge, any information regarding a domestic
violence conviction that is currently available to the public, except
that any personal identifying information about the victim,
including name, address, and place of employment, or about any minor
children involved in or witness to the incident, including name,
address, and school, shall be redacted prior to being provided to a
requester. This section does not authorize the release of information
that is otherwise made confidential by any other provision of law.
 
  SEC. 4.    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. 
   SEC. 2.    Section 273.75 of the   Penal
Code   is amended to read: 
   273.75.  (a) On any charge involving acts of domestic violence as
defined in subdivisions (a) and (b) of Section 13700 of the Penal
Code or Sections 6203 and 6211 of the Family Code, the district
attorney or prosecuting city attorney shall perform or cause to be
performed, by accessing the electronic data bases enumerated in
subdivision (b), a thorough investigation of the defendant's history,
including, but not limited to, prior convictions for domestic
violence, other forms of violence or weapons offenses and any current
protective or restraining order issued by any civil or criminal
court. This information shall be presented for consideration by the
court (1) when setting bond or when releasing a defendant on his or
her own recognizance at the arraignment, if the defendant is in
custody,  and  (2) upon consideration of any plea
agreement  , and (3) when   issuing a protective order
pursuant to Section 136.2 of the Penal Code, in accordance with
subdivision (h) of that section  . In determining bail or
release upon a plea agreement, the court shall consider the safety of
the victim, the victim's children, and any other person who may be
in danger if the defendant is released.
   (b) For purposes of this section, the district attorney or
prosecuting city attorney shall search or cause to be searched the
following data bases, when readily available and reasonably
accessible:
   (1) The Violent Crime Information Network (VCIN).
   (2) The Supervised Release File.
   (3) State summary criminal history information maintained by the
Department of Justice pursuant to Section 11105 of the Penal Code.
   (4) The Federal Bureau of Investigation's nationwide data base.
   (5) Locally maintained criminal history records or data bases.
   However, a record or data base need not be searched if the
information available in that record or data base can be obtained as
a result of a search conducted in another record or data base.
   (c) If the investigation required by this section reveals a
current civil protective or restraining order or a protective or
restraining order issued by another criminal court and involving the
same or related parties, and if a protective or restraining order is
issued in the current criminal proceeding, the district attorney or
prosecuting city attorney shall send relevant information regarding
the contents of the order issued in the current criminal proceeding,
and any information regarding a conviction of the defendant, to the
other court immediately after the order has been issued. When
requested, the information described in this subdivision may be sent
to the appropriate family, juvenile, or civil court. When requested,
and upon a showing of a compelling need, the information described in
this section may be sent to a court in another state.