BILL NUMBER: AB 2467	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hueso

                        FEBRUARY 24, 2012

   An act to add Section 6342.5 to the Family Code, and to amend
Sections 136.2, 273.5, 646.9, and 1269c of the Penal Code, relating
to domestic violence.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2467, as introduced, Hueso. Domestic violence and stalking: GPS
monitoring.
   Existing law makes it a crime for a person to willfully inflict
upon a person who is his or her spouse, former spouse, cohabitant,
former cohabitant, or the mother or father of his or her child,
corporal injury resulting in a traumatic condition. Existing law also
makes it a crime for a person to willfully, maliciously, and
repeatedly follow or willfully and maliciously harass another person
and to make a credible threat with the intent to place that person in
reasonable fear for his or her safety, or the safety of his or her
immediate family. Under existing law, a court is required, at the
time of sentencing a person who is convicted of a crime of domestic
violence, to consider an order restraining the defendant from any
contact with the victim for up to 10 years. Existing law also
authorizes, after notice and hearing, a court to make an order
restraining a person from contact with a spouse or children as a
result of domestic violence.
   This bill would authorize a court, as part of a domestic violence
restraining order, to order a defendant placed on active GPS
monitoring. The bill would also authorize a court to place a
defendant who is convicted of domestic violence or stalking, as
defined above, where probation is granted or the execution or
imposition of a sentence is suspended, to be placed on active GPS
monitoring, as specified.
   Existing law authorizes the setting of bail or the release on his
or her own recognizance of a person who has been arrested for, or
charged with, an offense other than a capital offense. Under existing
law, bail may be adjusted to a higher amount to ensure the
protection of a victim, or family member of a victim, of domestic
violence.
   This bill would authorize a court, as a condition of bail or
release on his or her own recognizance, to order a defendant who is
charged with a crime of domestic violence or stalking placed on
active GPS monitoring.
   By increasing the duties of local agencies who monitor persons
placed on active GPS monitoring, this 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: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 6342.5 is added to the Family Code, to read:
   6342.5.  (a) After notice and a hearing, the court may issue an
order requiring the restrained party to be placed on active GPS
monitoring.
   (b) It is the intent of the Legislature that, when making this
decision, the court consider the seriousness of the facts before the
court, the probability of future violations, and the safety of the
victim and his or her immediate family before placing a party on
active GPS monitoring.
   (c) For purposes of this section, "immediate family" means a
spouse, parent, child, or a person related by consanguinity or
affinity within the second degree or another person who regularly
resides in the household or who, within the prior six months,
regularly resided in the household.
  SEC. 2.  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   a  court with jurisdiction over a criminal
matter may issue orders including, but not limited to, the following:

   (1)  Any   An  order issued pursuant to
Section 6320 of the Family 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   a person
described in this section shall have no communication whatsoever with
 any   a  specified witness or 
any   a  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) (A) 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.
   (B) For purposes of this paragraph, "immediate family members"
include the spouse, children, or parents of the victim or witness.
   (7) (A)  Any   An  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 Section 29825.
   (C)  Any   An  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. 
   (D) A protective order under this paragraph may require the
defendant to be placed on active GPS monitoring. 
   (b)  Any   A  person violating 
any   an  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   a  person so held in contempt shall be
entitled to credit for  any punishment imposed
therein against  any   a  sentence imposed
upon conviction of an offense described in Section 136.1. 
Any   A  conviction or acquittal for  any
  a  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   A  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 Section 29825.
   (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   a
 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   an  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   An  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.
   (i) In all cases in which a criminal defendant has been convicted
of a crime of domestic violence as defined in Section 13700, the
court, at the time of sentencing, shall consider issuing an order
restraining the defendant from any contact with the victim. The order
may be valid for up to 10 years, as determined by the court. This
protective order may be issued by the court regardless of whether the
defendant is sentenced to the state prison or a county jail, or
whether imposition of sentence is suspended and the defendant is
placed on probation.  The order may include provisions for GPS
monitoring of the defendant.  It is the intent of the
Legislature in enacting this subdivision that the duration of any
restraining order issued by the court be based upon the seriousness
of the facts before the court, the probability of future violations,
and the safety of the victim and his or her immediate family.
  SEC. 3.  Section 273.5 of the Penal Code is amended to read:
   273.5.  (a)  Any   A  person who
willfully inflicts upon a person who is his or her spouse, former
spouse, cohabitant, former cohabitant, or the mother or father of his
or her child, corporal injury resulting in a traumatic condition is
guilty of a felony  ,  and  ,  upon
conviction thereof  ,  shall be punished by imprisonment in
the state prison for two, three, or four years, or in a county jail
for not more than one year, or by a fine of up to six thousand
dollars ($6,000)  ,  or by both that fine and imprisonment.
   (b) Holding oneself out to be the husband or wife of the person
with whom one is cohabiting is not necessary to constitute
cohabitation as the term is used in this section.
   (c) As used in this section, "traumatic condition" means a
condition of the body, such as a wound, or external or internal
injury, including, but not limited to, injury as a result of
strangulation or suffocation, whether of a minor or serious nature,
caused by a physical force. For purposes of this section,
"strangulation" and "suffocation" include impeding the normal
breathing or circulation of the blood of a person by applying
pressure on the throat or neck.
   (d) For the purpose of this section, a person shall be considered
the father or mother of another person's child if the alleged male
parent is presumed the natural father under Sections 7611 and 7612 of
the Family Code.
   (e) (1)  Any   A  person convicted of
violating this section for acts occurring within seven years of a
previous conviction under subdivision (a), or subdivision (d) of
Section 243, or Section 243.4, 244, 244.5, or 245, shall be punished
by imprisonment in a county jail for not more than one year, or by
imprisonment in the state prison for two, four, or five years, or by
both imprisonment and a fine of up to ten thousand dollars ($10,000).

   (2)  Any   A  person convicted of a
violation of this section for acts occurring within seven years of a
previous conviction under subdivision (e) of Section 243 shall be
punished by imprisonment in the state prison for two, three, or four
years, or in a county jail for not more than one year, or by a fine
of up to ten thousand dollars ($10,000), or by both that imprisonment
and fine.
   (f) If probation is granted to any person convicted under
subdivision (a), the court shall impose probation consistent with the
provisions of Section 1203.097.
   (g) If probation is granted, or the execution or imposition of a
sentence is suspended, for any defendant convicted under subdivision
(a) who has been convicted of any prior offense specified in
subdivision (e), the court shall impose one of the following
conditions of probation:
   (1) If the defendant has suffered one prior conviction within the
previous seven years for a violation of  any  
an  offense specified in subdivision (e), it shall be a
condition thereof, in addition to the provisions contained in Section
1203.097, that he or she be imprisoned in a county jail for not less
than 15 days.
   (2) If the defendant has suffered two or more prior convictions
within the previous seven years for a violation of  any
  an  offense specified in subdivision (e), it
shall be a condition of probation, in addition to the provisions
contained in Section 1203.097, that he or she be imprisoned in a
county jail for not less than 60 days.
   (3) The court, upon a showing of good cause, may find that the
mandatory imprisonment required by this subdivision shall not be
imposed and shall state on the record its reasons for finding good
cause.
   (h)  (1)    If probation is granted upon
conviction of a violation of subdivision (a), the conditions of
probation may include, consistent with the terms of probation imposed
pursuant to Section 1203.097, in lieu of a fine, one or both of the
following requirements: 
   (1) 
    (A)  That the defendant make payments to a battered
women's shelter, up to a maximum of five thousand dollars ($5,000),
pursuant to Section 1203.097. 
   (2) 
    (B)  That the defendant reimburse the victim for
reasonable costs of counseling and other reasonable expenses that the
court finds are the direct result of the defendant's offense.

   For any 
    (2)     For an  order to pay a fine,
make payments to a battered women's shelter, or pay restitution as a
condition of probation under this subdivision, the court shall make a
determination of the defendant's ability to pay. In no event shall
 any   an  order to make payments to a
battered women's shelter be made if it would impair the ability of
the defendant to pay direct restitution to the victim or
court-ordered child support. Where the injury to a married person is
caused in whole or in part by the criminal acts of his or her spouse
in violation of this section, the community property may not be used
to discharge the liability of the offending spouse for restitution to
the injured spouse, required by Section 1203.04, as operative on or
before August 2, 1995, or Section 1202.4, or to a shelter for costs
with regard to the injured spouse and dependents, required by this
section, until all separate property of the offending spouse is
exhausted.
   (i) Upon conviction under subdivision (a), the sentencing court
shall also consider issuing an order restraining the defendant from
 any  contact with the victim, which may be valid
for up to 10 years, as determined by the court. It is the intent of
the Legislature that the length of  any   a
 restraining order be based upon the seriousness of the facts
before the court, the probability of future violations, and the
safety of the victim and his or her immediate family. This protective
order may be issued by the court whether the defendant is sentenced
to state prison, county jail, or if imposition of sentence is
suspended and the defendant is placed on probation. 
   (j) (1) If probation is granted or the execution or imposition of
a sentence is suspended for a defendant convicted under subdivision
(a), the sentencing court may order the defendant to be placed on
active GPS monitoring. It is the intent of the Legislature that, when
making this decision, the court consider the seriousness of the
facts before the court, the probability of future violations, and the
safety of the victim and his or her immediate family before placing
a defendant on active GPS monitoring.  
   (2) For purposes of this section, "immediate family" means a
spouse, parent, child, or a person related by consanguinity or
affinity within the second degree or another person who regularly
resides in the household or who, within the prior six months,
regularly resided in the household. 
  SEC. 4.  Section 646.9 of the Penal Code is amended to read:
   646.9.  (a)  Any   A  person who
willfully, maliciously, and repeatedly follows or willfully and
maliciously harasses another person and who makes a credible threat
with the intent to place that person in reasonable fear for his or
her safety, or the safety of his or her immediate family is guilty of
the crime of stalking, punishable by imprisonment in a county jail
for not more than one year, or by a fine of not more than one
thousand dollars ($1,000), or by both that fine and imprisonment, or
by imprisonment in the state prison.
   (b)  Any   A    person who
violates subdivision (a) when there is a temporary restraining order,
injunction, or any other court order in effect prohibiting the
behavior described in subdivision (a) against the same party, shall
be punished by imprisonment in the state prison for two, three, or
four years.
   (c) (1) Every person who, after having been convicted of a felony
under Section 273.5, 273.6, or 422, commits a violation of
subdivision (a) shall be punished by imprisonment in a county jail
for not more than one year, or by a fine of not more than one
thousand dollars ($1,000), or by both that fine and imprisonment, or
by imprisonment in the state prison for two, three, or five years.
   (2) Every person who, after having been convicted of a felony
under subdivision (a), commits a violation of this section shall be
punished by imprisonment in the state prison for two, three, or five
years.
   (d) In addition to the penalties provided in this section, the
sentencing court may order a person convicted of a felony under this
section to register as a sex offender pursuant to Section 290.006.

   (e) For the purposes of this section, the following definitions
apply:  
   (1) "Course of conduct" means two or more acts occurring over a
period of time, however short, evidencing a continuity of purpose.
Constitutionally protected activity is not included within the
meaning of "course of conduct."  
   (2) "Credible threat" means a verbal or written threat, including
that performed through the use of an electronic communication device,
or a threat implied by a pattern of conduct or a combination of
verbal, written, or electronically communicated statements and
conduct, made with the intent to place the person who is the target
of the threat in reasonable fear for his or her safety or the safety
of his or her family, and made with the apparent ability to carry out
the threat so as to cause the person who is the target of the threat
to reasonably fear for his or her safety or the safety of his or her
family. It is not necessary to prove that the defendant had the
intent to actually carry out the threat. The present incarceration of
a person making the threat shall not be a bar to prosecution under
this section. Constitutionally protected activity is not included
within the meaning of "credible threat."  
   (3) "Electronic communication device" includes, but is not limited
to, telephones, cellular phones, computers, video recorders, fax
machines, or pagers. "Electronic communication" has the same meaning
as the term defined in Subsection 12 of Section 2510 of Title 18 of
the United States Code.  
   (e) 
    (4)   For the purposes of this section,
"harasses"   "Harass"  means  engages
  to engage  in a knowing and willful course of
conduct directed at a specific person that seriously alarms, annoys,
torments, or terrorizes the person, and that serves no legitimate
purpose. 
   (f) For the purposes of this section, "course of conduct" means
two or more acts occurring over a period of time, however short,
evidencing a continuity of purpose. Constitutionally protected
activity is not included within the meaning of "course of conduct."
 
   (g) For the purposes of this section, "credible threat" means a
verbal or written threat, including that performed through the use of
an electronic communication device, or a threat implied by a pattern
of conduct or a combination of verbal, written, or electronically
communicated statements and conduct, made with the intent to place
the person that is the target of the threat in reasonable fear for
his or her safety or the safety of his or her family, and made with
the apparent ability to carry out the threat so as to cause the
person who is the target of the threat to reasonably fear for his or
her safety or the safety of his or her family. It is not necessary to
prove that the defendant had the intent to actually carry out the
threat. The present incarceration of a person making the threat shall
not be a bar to prosecution under this section. Constitutionally
protected activity is not included within the meaning of "credible
threat."  
   (h) For purposes of this section, the term "electronic
communication device" includes, but is not limited to, telephones,
cellular phones, computers, video recorders, fax machines, or pagers.
"Electronic communication" has the same meaning as the term defined
in Subsection 12 of Section 2510 of Title 18 of the United States
Code.  
   (5) "Immediate family" means a spouse, parent, child, a person
related by consanguinity or affinity within the second degree, or any
other person who regularly resides in the household, or who, within
the prior six months, regularly resided in the household. 

   (i) 
    (f)  This section shall not apply to conduct that occurs
during labor picketing. 
   (j) 
    (g)  If probation is granted, or the execution or
imposition of a sentence is suspended, for  any 
 a  person convicted under this section, it shall be a
condition of probation that the person participate in counseling, as
designated by the court. However, the court, upon a showing of good
cause, may find that the counseling requirement shall not be imposed.

   (k) 
    (h)  (1) The sentencing court also shall consider
issuing an order restraining the defendant from any contact with the
victim, that may be valid for up to 10 years, as determined by the
court. It is the intent of the Legislature that the length of any
restraining order be based upon the seriousness of the facts before
the court, the probability of future violations, and the safety of
the victim and his or her immediate family.
   (2) This protective order may be issued by the court whether the
defendant is sentenced to state prison, county jail, or if imposition
of sentence is suspended and the defendant is placed on probation.

   (i) If probation is granted or the execution or imposition of a
sentence is suspended for a defendant convicted under subdivision
(a), the sentencing court may order the defendant placed on active
GPS monitoring. It is the intent of the Legislature that the court,
in making this decision, consider the seriousness of the facts before
the court, the probability of future violations, and the safety of
the victim and his or her immediate family before placing the
                                    defendant on active GPS
monitoring.  
   (l) For purposes of this section, "immediate family" means any
spouse, parent, child, any person related by consanguinity or
affinity within the second degree, or any other person who regularly
resides in the household, or who, within the prior six months,
regularly resided in the household.  
   (m) 
    (j)  The court shall consider whether the defendant
would benefit from treatment pursuant to Section 2684. If it is
determined to be appropriate, the court shall recommend that the
Department of Corrections and Rehabilitation make a certification as
provided in Section 2684. Upon the certification, the defendant shall
be evaluated and transferred to the appropriate hospital for
treatment pursuant to Section 2684.
  SEC. 5.  Section 1269c of the Penal Code is amended to read:
   1269c.   (a)    If a defendant is arrested
without a warrant for a bailable felony offense or for the
misdemeanor offense of violating a domestic violence restraining
order, and a peace officer has reasonable cause to believe that the
amount of bail set forth in the schedule of bail for that offense is
insufficient to ensure the defendant's appearance or to ensure the
protection of a victim, or family member of a victim, of domestic
violence, the peace officer shall prepare a declaration under penalty
of perjury setting forth the facts and circumstances in support of
his or her belief and file it with a magistrate, as defined in
Section 808, or his or her commissioner, in the county in which the
offense is alleged to have been committed or having personal
jurisdiction over the defendant, requesting an order setting a higher
bail.  Except 
    (b)     Except  where the defendant is
charged with an offense listed in subdivision (a) of Section 1270.1,
the defendant, either personally or through his or her attorney,
friend, or family member, also may make application to the magistrate
for release on bail lower than that provided in the schedule of bail
or on his or her own recognizance.  The 
    (c)     The  magistrate or
commissioner to whom the application is made is authorized to set
bail in an amount that he or she deems sufficient to ensure the
defendant's appearance or to ensure the protection of a victim, or
family member of a victim, of domestic violence, and to set bail on
the terms and conditions that he or she, in his or her discretion,
deems appropriate, or he or she may authorize the defendant's release
on his or her own recognizance.  If,  
   (d) The magistrate or commissioner may, as a condition of bail or
release on his or her own recognizance, order a defendant who is
charged with a crime of domestic violence or stalking placed on
active GPS monitoring. It is the intent of the Legislature that the
court, in making this decision, consider the seriousness of the facts
before the court, the probability of future violations, and the
safety of the victim and his or her immediate family before placing
the defendant on active GPS monitoring. 
    (e)     If,  after the application is
made, no order changing the amount of bail is issued within eight
hours after booking, the defendant shall be entitled to be released
on posting the amount of bail set forth in the applicable bail
schedule.
  SEC. 6.  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.