BILL NUMBER: AB 2467	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 25, 2012
	AMENDED IN ASSEMBLY  APRIL 25, 2012

INTRODUCED BY   Assembly Member Hueso
   (Coauthor: Assembly Member Garrick)

                        FEBRUARY 24, 2012

   An act to amend Section 136.2 of the Penal Code, relating to
domestic violence.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2467, as amended, Hueso. Protective orders:  GPS
  electronic  monitoring.
   Existing law authorizes a court with jurisdiction over a criminal
matter, 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, to issue specified orders, including 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.  Existing law also
authorizes the issuance of a restraining order, valid for up to 10
years, in all cases in which a defendant has been convicted of a
crime of domestic violence. 
   This bill would authorize a court, when issuing a protective 
or restraining  order pursuant to the above provisions, to
require  GPS   electronic  monitoring of
the defendant if  the local government, as defined, adopts a
policy to authorize electronic monitoring of defendants for this
purpose. The bill would require the defendant to pay for the
monitoring if the court finds that  the defendant is able to pay
the costs of that monitoring  and, if the court finds  
the defendant is unable to pay the costs, would authorize the court
to order the costs to be paid by the local government that adopted
the policy to authorize electronic monitoring  .  The
bill would further authorize the court to order GPS monitoring and
require the local law enforcement agency with jurisdiction over the
case to pay the GPS monitoring costs if the defendant cannot afford
those monitoring costs.  The bill would limit the duration
of the  GPS   electronic  monitoring to one
year  , but would authorize a victim to apply for, and a
court to approve upon showing of the continued need for GPS
monitoring, an extension of the order for a time period not to exceed
one year  . 
   By increasing the duties of local agencies that 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
  no  . State-mandated local program:  yes
  no  .


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

   SECTION 1.    This shall be known and may be cited as
Kathy's Law. 
   SECTION 1.   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, a court
with jurisdiction over a criminal matter may issue orders including,
but not limited to, the following:
   (1) 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 a person described in this section shall have no
communication whatsoever with a specified witness or a victim,
except through an attorney under 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) 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) 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  
electronic  monitoring if  the local government adopts a
policy to authorize electronic monitoring of defendants for this
purpose. If  the court determines that the defendant has the
ability to pay for the monitoring device  , the court shall order
the defendant to pay for the monitoring  . If the court
determines that the defendant does not have the ability to pay for
the electronic monitoring, the court may order  active GPS
  electronic  monitoring  if the court
orders the local law enforcement agency with jurisdiction over the
case to pay for the costs associated with the GPS monitoring of the
defendant   to be paid for by the local government that
adopted the policy to authorize electronic monitoring  . The
duration of  GPS   electronic  monitoring
shall not exceed one year from the date the order is issued. 
A victim may apply to the court for an extension of an order issued
pursuant to this subparagraph and the court may approve the extension
for an additional period not to exceed one year upon a showing of
the continued need for the GPS monitoring of a defendant. 
 At no time shall the electronic monitoring be in place if the
protective order is not in place. 
   (b) A person violating 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, a person so
held in contempt shall be entitled to credit for punishment imposed
therein against a sentence imposed upon conviction of an offense
described in Section 136.1. A conviction or acquittal for 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) 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 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, 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) 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)  (1)    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. 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. 
   (2) An order under this subdivision may include provisions for
electronic monitoring if the local government adopts a policy
authorizing electronic monitoring of defendants for this purpose. If
the court determines that the defendant has the ability to pay for
the monitoring program, the court shall order the defendant to pay
for the monitoring. If the court determines that the defendant does
not have the ability to pay for the electronic monitoring, the court
may order the electronic monitoring to be paid for by the local
government that adopted the policy authorizing electronic monitoring.
The duration of the electronic monitoring shall not exceed one year
from the date the order is issued.  
   (j) For purposes of this section, "local government" means the
county that has jurisdiction over the protective order. 

  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.