BILL NUMBER: SB 353	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 10, 2007

INTRODUCED BY   Senator Kuehl

                        FEBRUARY 20, 2007

   An act to amend Section 6320 of the Family Code, relating to
protective orders.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 353, as amended, Kuehl. Protective orders: companion animals.
   Existing law authorizes a court to issue an ex parte order
enjoining a party from engaging in specified acts against another
party, including threatening or harassing that party, and, in the
discretion of the court, against other named family or household
members. A violation of this court order constitutes contempt of
court, which is punishable as a misdemeanor.
   This bill would additionally authorize the court to  order
that the petitioner be granted   include in a
protective order a grant to the petitioner of  the exclusive
care, custody, or control of any animal owned, possessed, leased,
kept, or held by either the petitioner or the respondent or a minor
child residing in the residence or household of either the petitioner
or respondent. The bill would  further  authorize
the court to order the respondent to stay away from the animal and
forbid specified acts with respect to that animal. The bill would
require the Judicial Council, by July 1, 2009, to modify the criminal
and civil court forms consistent with these provisions. The bill
would also include specified findings and declarations.
   Because a violation of this court order would be punishable as a
contempt, a misdemeanor, the bill would create a new crime and
 , therefore, the bill  would  thereby 
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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  The Legislature finds and declares the following:
   (a) There is a correlation between animal abuse, family violence,
and other forms of community violence.
   (b) According to the California Department of Justice, California
law enforcement received 181,362 domestic violence calls in 2005.
   (c) Perpetrators often abuse animals in order to intimidate,
harass, or silence their human victims.
   (d) A survey of pet-owning families with substantiated child abuse
and neglect found that animals were abused in 88 percent of homes
where child physical abuse was present.
   (e) A 1997 survey of 50 of the largest shelters for battered women
in the United States found that 85 percent of women and 63 percent
of children entering shelters discussed incidents of pet abuse in the
family.
   (f) A study of women seeking shelter at a safe house showed that
71 percent of those having pets affirmed that their partner had
threatened, hurt, or killed their companion animals.
   (g) Another study showed that violent offenders incarcerated in a
maximum security prison were significantly more likely than
nonviolent offenders to have committed childhood acts of cruelty
toward pets.
   (h) In many communities across California and the United States,
human services, animal services, and law enforcement agencies are
sharing resources and expertise to address violence, including
engaging in cross-training and cross-reporting through interagency
partnerships.
  SEC. 2.  Section 6320 of the Family Code is amended to read:
   6320.  (a) The court may issue an ex parte order enjoining a party
from molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, harassing, telephoning, including, but not
limited to, annoying telephone calls as described in Section 653m of
the Penal Code, destroying personal property, contacting, either
directly or indirectly, by mail or otherwise, coming within a
specified distance of, or disturbing the peace of the other party,
and, in the discretion of the court, on a showing of good cause, of
other named family or household members.
   (b) On a showing of good cause, the court may  order that
the petitioner be granted   include in a protective
order a grant to the petitioner of  the exclusive care, custody,
or control of any animal owned, possessed, leased, kept, or held by
either the petitioner or the respondent or a minor child residing in
the residence or household of either the petitioner or the
respondent. The court may  further  order the
respondent to stay away from the animal and forbid the respondent
from taking, transferring, encumbering, concealing, molesting,
attacking, striking, threatening, harming, or otherwise disposing of
the animal.
   (c) On or before July 1, 2009, the Judicial Council shall modify
the criminal and civil court forms consistent with this section.
  SEC. 3.  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.