BILL NUMBER: SB 188	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 20, 2009

INTRODUCED BY   Senator Runner

                        FEBRUARY 18, 2009

   An act to  amend Section 527.8 of   add
Section 527.85 to  the Code of Civil Procedure, relating to
temporary restraining orders.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 188, as amended, Runner. Temporary restraining orders: schools.

   Existing law authorizes any employer, whose employee has suffered
unlawful violence or a credible threat of violence from any
individual,  that   which  can reasonably
be construed to be carried out or to have been carried out at the
workplace, to seek a temporary restraining order and an injunction on
behalf of the employee and, at the discretion of the court, other
employees, as specified.
   This bill would  modify the definition of employer for the
purposes of that provision to include an educational site, such as a
school, college, university, or technical institute. The bill would
also change the definition of employee for the purposes of that
provision to include students at those educational sites 
 similarly authorize any chief administrative officer of a school
or a postsecondary educational institution, or an officer or
employee designated by the chief administrative officer to maintain
order on the school campus or facility, a student of which has
suffered unlawful violence or a credible threat of violence from any
individual, which can reasonably be construed to be carried out or to
have been carried out at the school campus or facility, to seek a
temporary restraining order and an injunction, on behalf of the
student and, at the discretion of the court, any number of other
students at the campus or facility, as specified. By creating new
duties for local law enforcement officials, the bill would 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, 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:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 527.85 is added to the 
 Code of Civil Procedure   , to read:  
   527.85.  (a) Any chief administrative officer of a school or a
postsecondary educational institution, or an officer or employee
designated by the chief administrative officer to maintain order on
the school campus or facility, a student of which has suffered
unlawful violence or a credible threat of violence from any
individual, which can reasonably be construed to be carried out or to
have been carried out at the school campus or facility, may seek a
temporary restraining order and an injunction, on behalf of the
student and, at the discretion of the court, any number of other
students at the campus or facility.
   (b) For the purposes of this section, the following definitions
shall apply:
   (1) "Chief administrative officer" means the principal, president,
or highest ranking official of the school or the postsecondary
educational institution.
   (2) "Course of conduct" means a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including any of the following:
   (A) Following or stalking a student to or from school.
   (B) Entering the school campus or facility.
   (C) Following a student during school hours.
   (D) Making telephone calls to a student.
   (E) Sending correspondence to a student by any means, including,
but not limited to, the use of the public or private mails,
interoffice mail, fax, or computer e-mail.
   (3) "Credible threat of violence" means a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.
   (4) "Postsecondary educational institution" means a public or
private institution of vocational, professional, or postsecondary
education, the governing board of a community college district, the
Regents of the University of California, or the Trustees of the
California State University.
   (5) "School" means any public or private elementary school, junior
high school, four-year high school, senior high school, adult school
or any branch thereof, opportunity school, continuation high school,
regional occupational center, evening high school, or technical
school, or any other place if a teacher and one or more pupils are
required to be at that place in connection with assigned school
activities.
   (6) "Unlawful violence" means any assault or battery, or stalking
as prohibited in Section 646.9 of the Penal Code, but shall not
include lawful acts of self-defense or defense of others.
   (c) This section does not permit a court to issue a temporary
restraining order or injunction prohibiting speech or other
activities that are constitutionally protected, or otherwise
protected by Section 527.3 or any other provision of law.
   (d) Upon filing a petition for an injunction under this section,
the plaintiff may obtain a temporary restraining order in accordance
with subdivision (a) of Section 527, if the plaintiff also files an
affidavit that, to the satisfaction of the court, shows reasonable
proof that a student has suffered unlawful violence or a credible
threat of violence by the defendant, and that great or irreparable
harm would result to the student. In the discretion of the court, and
on a showing of good cause, a temporary restraining order or
injunction issued under this section may include other named family
or household members who reside with the student, or other students
at the campus or facility. A temporary restraining order granted
under this section shall remain in effect, at the court's discretion,
for a period not to exceed 15 days, unless otherwise modified or
terminated by the court.
   (e) Within 15 days of the filing of the petition, a hearing shall
be held on the petition for the injunction. The defendant may file a
response that explains, excuses, justifies, or denies the alleged
unlawful violence or credible threats of violence or may file a
cross-complaint under this section. At the hearing, the judge shall
receive any testimony that is relevant and may make an independent
inquiry. Moreover, if the defendant is a current student of the
entity requesting the injunction, the judge shall receive evidence
concerning the decision of the school or postsecondary educational
institution decision to retain, terminate, or otherwise discipline
the defendant. If the judge finds by clear and convincing evidence
that the defendant engaged in unlawful violence or made a credible
threat of violence, an injunction shall be issued prohibiting further
unlawful violence or threats of violence. An injunction issued
pursuant to this section shall have a duration of not more than three
years. At any time within three months before the expiration of the
injunction, the plaintiff may apply for a renewal of the injunction
by filing a new petition for an injunction under this section.
   (f) This section does not preclude either party from
representation by private counsel or from appearing on his or her own
behalf.
   (g) Upon filing of a petition for an injunction under this
section, the defendant shall be personally served with a copy of the
petition, temporary restraining order, if any, and notice of hearing
of the petition. Service shall be made at least five days before the
hearing. The court may, for good cause, on motion of the plaintiff or
on its own motion, shorten the time for service on the defendant.
   (h) (1) The court shall order the plaintiff or the attorney for
the plaintiff to deliver a copy of each temporary restraining order
or injunction, or modification or termination thereof, granted under
this section, by the close of the business day on which the order was
granted, to the law enforcement agencies within the court's
discretion as are requested by the plaintiff. Each appropriate law
enforcement agency shall make available information as to the
existence and current status of these orders to law enforcement
officers responding to the scene of reported unlawful violence or a
credible threat of violence.
   (2) At the request of the plaintiff, an order issued under this
section shall be served on the defendant, regardless of whether the
defendant has been taken into custody, by any law enforcement officer
who is present at the scene of reported unlawful violence or a
credible threat of violence involving the parties to the proceedings.
The plaintiff shall provide the officer with an endorsed copy of the
order and proof of service that the officer shall complete and send
to the issuing court.
   (3) Upon receiving information at the scene of an incident of
unlawful violence or a credible threat of violence that a protective
order has been issued under this section, or that a person who has
been taken into custody is the subject of an order, if the plaintiff
or the protected person cannot produce an endorsed copy of the order,
a law enforcement officer shall immediately attempt to verify the
existence of the order.
   (4) If the law enforcement officer determines that a protective
order has been issued, but not served, the officer shall immediately
notify the defendant of the terms of the order and obtain the
defendant's address. The law enforcement officer shall at that time
also enforce the order, but may not arrest or take the defendant into
custody for acts in violation of the order that were committed prior
to the verbal notice of the terms and conditions of the order. The
law enforcement officer's verbal notice of the terms of the order
shall constitute service of the order and constitutes sufficient
notice for the purposes of this section, and Section 273.6 and
subdivision (g) of Section 12021 of the Penal Code. The plaintiff
shall mail an endorsed copy of the order to the defendant's mailing
address provided to the law enforcement officer within one business
day of the reported incident of unlawful violence or a credible
threat of violence at which a verbal notice of the terms of the order
was provided by a law enforcement officer.
   (i) (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.
   (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.
   (j) Any intentional disobedience of any temporary restraining
order or injunction granted under this section is punishable pursuant
to Section 273.6 of the Penal Code.
   (k) Nothing in this section may be construed as expanding,
diminishing, altering, or modifying the duty, if any, of a school or
postsecondary educational institution to provide a safe environment
for students and other persons.
   (l) The Judicial Council shall develop forms, instructions, and
rules for scheduling of hearings and other procedures established
pursuant to this section. The forms for the petition and response
shall be simple and concise, and their use by parties in actions
brought pursuant to this section shall be mandatory.
   (m) A temporary restraining order or injunction relating to
harassment or domestic violence issued by a court pursuant to this
section shall be issued on forms adopted by the Judicial Council 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.
   (n) Information on any temporary restraining order or injunction
relating to harassment or domestic violence issued by a court
pursuant to this section shall be transmitted to the Department of
Justice in accordance with subdivision (b) of Section 6380 of the
Family Code.
   (o) There is no filing fee for a petition that alleges that a
person has inflicted or threatened violence against a student of the
petitioner, or stalked the student, or acted or spoken in any other
manner that has placed the student in reasonable fear of violence,
and that seeks a protective or restraining order or injunction
restraining stalking or future violence or threats of violence, in
any action brought pursuant to this section. No fee shall be paid for
a subpoena filed in connection with a petition alleging these acts.
No fee shall be paid for filing a response to a petition alleging
these acts.
   (p) (1) Subject to paragraph (4) of subdivision (b) of Section
6103.2 of the Government Code, there shall be no fee for the service
of process of a temporary restraining order or injunction to be
issued pursuant to this section if either of the following conditions
apply:
   (A) The temporary restraining order or injunction issued pursuant
to this section is based upon stalking, as prohibited by Section
646.9 of the Penal Code.
   (B) The temporary restraining order or injunction issued pursuant
to this section is based upon a credible threat of violence.
   (2) The Judicial Council shall prepare and develop application
forms for applicants who wish to avail themselves of the services
described in this subdivision. 
   SEC. 2.    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.  All matter
omitted in this version of the bill appears in the bill as introduced
in the Senate, February 18, 2009 (JR11)