AB 238, as introduced, Gomez. Protective orders: California Restraining and Protective Order System.
Existing law requires that the Department of Justice maintain a computer database system, known as the California Restraining and Protective Order System, for protective and restraining orders and injunctions and make that information available to court clerks and law enforcement personnel. Existing law requires that a law enforcement officer who requests an emergency protective order carry copies of the order while on duty.
This bill would delete the requirement that a law enforcement officer who requests an emergency protective order carry copies of the order while on duty. The bill would instead require that a law enforcement officer who requests an emergency protective order enter that order into the California Restraining and Protective Order System within 2 hours of the issuance of the order. By imposing additional duties on law enforcement officers, 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: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 6271 of the Family Code is amended to
2read:
A law enforcement officer who requests an emergency
4protective order shall do all of the following:
5(a) Serve the order on the restrained person, if the restrained
6person can reasonably be located.
7(b) Give a copy of the order to the protected person or, if the
8protected person is a minor child, to a parent or guardian of the
9endangered child who is not a restrained person, if the parent or
10guardian can reasonably be located, or to a person having
11temporary custody of the endangered child.
12(c) File a copy of the order with the court as soon as practicable
13after issuance.
14(d) Enter the order into the California Restraining and
15Protective Order System within
two hours of the issuance of the
16order.
Section 6273 of the Family Code is repealed.
A law enforcement officer who requests an emergency
19protective order shall carry copies of the order while on duty.
If the Commission on State Mandates determines that
21this act contains costs mandated by the state, reimbursement to
22local agencies and school districts for those costs shall be made
23pursuant to Part 7 (commencing with Section 17500) of Division
244 of Title 2 of the Government Code.
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