BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 307
                                                                  Page  1

          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 












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