BILL NUMBER: AB 2960	CHAPTERED  07/01/08

	CHAPTER  54
	FILED WITH SECRETARY OF STATE  JULY 1, 2008
	APPROVED BY GOVERNOR  JULY 1, 2008
	PASSED THE SENATE  JUNE 19, 2008
	PASSED THE ASSEMBLY  MAY 1, 2008
	AMENDED IN ASSEMBLY  APRIL 16, 2008
	AMENDED IN ASSEMBLY  APRIL 7, 2008

INTRODUCED BY   Assembly Member La Malfa

                        FEBRUARY 22, 2008

   An act to amend Section 3064 of the Family Code, relating to child
custody.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2960, La Malfa. Custody orders: evidence of sexual abuse.
   Existing law provides that a court shall refrain from making an
order granting or modifying a custody order on an ex parte basis,
unless there has been a showing of immediate risk that the child will
be removed from the State of California, or a showing of immediate
harm to the child. "Immediate harm to the child" is defined to
include having a parent who has committed acts of domestic violence,
as specified.
   This bill would include sexual abuse of the child, where the court
determines that the acts of sexual abuse are of recent origin or are
a part of a demonstrated and continuing pattern of acts of sexual
abuse, within the definition of "immediate harm to the child," a
showing of which authorizes a court to make an order granting or
modifying a custody order on an ex parte basis.


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

  SECTION 1.  Section 3064 of the Family Code is amended to read:
   3064.  (a) The court shall refrain from making an order granting
or modifying a custody order on an ex parte basis unless there has
been a showing of immediate harm to the child or immediate risk that
the child will be removed from the State of California.
   (b) "Immediate harm to the child" includes, but is not limited to,
the following:
   (1) Having a parent who has committed acts of domestic violence,
where the court determines that the acts of domestic violence are of
recent origin or are a part of a demonstrated and continuing pattern
of acts of domestic violence.
   (2) Sexual abuse of the child, where the court determines that the
acts of sexual abuse are of recent origin or are a part of a
demonstrated and continuing pattern of acts of sexual abuse.