BILL ANALYSIS �
AB 307
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Date of Hearing: April 17, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 307 (Campos) - As Amended: April 4, 2013
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill allows a court to issue a protective order for up to
10 years when a defendant is convicted of specified sex crimes -
rape, or any crime that requires the defendant to register as a
sex offender, regardless of sentence. Violation of the
protective order is a misdemeanor, punishable by up to one year
in county jail and/or a fine of up to $1,000.
FISCAL EFFECT
Unknown, likely minor state and local costs to the extent this
bill results in longer restraining orders, which could result in
additional probation and parole violations and/or contempt
proceedings.
COMMENTS
1)Rationale . This bill extends the court's authority to issue
no-contact orders for up to 10 years to include rape, spousal
rape, statutory rape, or any crime requiring sex offender
registration. The court can do this now with cases involving
domestic violence, stalking, and sex offenses where the victim
is a minor.
In general, the court can issue a protective order in any
criminal proceeding where it finds reason to believe that harm
to a victim or witness has occurred or is reasonably likely to
occur. But protective orders issued under this statute are
valid only during the pendency of the criminal proceedings.
When criminal proceedings have concluded, the court has
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authority to issue protective orders as a condition of
probation. For example, when domestic violence criminal
proceedings have concluded, the court can issue a no-contact
order as a condition of probation.
In cases in which probation has not been granted, the court
also has the authority to issue post-conviction protective
orders, such as no-contact orders for up to 10 years when a
defendant has been convicted of specified domestic violence
offenses, stalking, or a sex offense in which the victim was a
minor.
This bill extends this authority to cases involving rape or
any crime requiring sex offender registration.
2)Support . According to the California District Attorneys
Association, "While a victim may obtain a criminal protective
order that is valid for the pendency of any court proceedings
or go to family court to get a longer-term order, the current
process can be burdensome to a victim, especially if he or she
has to relive the trauma underlying criminal act that was
committed against him or her. AB 307 expands the availability
of the 10-year protective order to a sexual assault victim if
the defendant is convicted and ensures that the victim can get
a long-term order in criminal court without having to
negotiate the family court process."
3)Opposition . The California Public Defenders Association
states, "This bill is unnecessary, as the court already has
broad discretion to consider the defendant's background and
issue a protective order if the circumstances warrant the
same."
4)Prior Legislation . SB 723 (Pavley), Statutes of 2011, allows a
court to issue a protective order for up to 10 years when a
defendant is convicted for domestic violence, regardless of
the sentence imposed. SB 723 passed both houses without a
dissenting vote.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081
AB 307
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