BILL ANALYSIS �
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THIRD READING
Bill No: AB 307
Author: Campos (D)
Amended: 8/14/13 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/18/13
AYES: Hancock, Block, De Le�n, Knight, Liu, Steinberg
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-0, 4/25/13 (Consent) - See last page for
vote
SUBJECT : Protective orders
SOURCE : Alameda County District Attorney
California District Attorneys Association
DIGEST : This bill allows a court to issue a protective order
up to 10 years when a defendant is convicted of specified sex
crimes, regardless of the sentence imposed.
Senate Floor Amendments of 8/14/13 add double-jointing language
to AB 176 (Campos).
ANALYSIS :
Existing law:
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1.Authorizes the trial court in a criminal case to issue
protective orders when there is a good cause belief that harm
to, or intimidation or dissuasion of a victim or witness has
occurred or is reasonably likely to occur. (Penal Code
Section 136.2.)
2.Requires the court to consider issuing a protective order in
any case in which a crime of "domestic violence" has been
charged. (Penal Code Section 136.29(e)(1).)
3.Authorizes the court to issue an order restraining the
defendant from "contact with the victim" upon a conviction for
domestic violence where the defendant is sentenced to state
prison, county jail, or if imposition of sentence is suspended
and the defendant is placed on probation.
4.Requires a defendant who is granted probation for committing a
crime in which the victim is a person defined in the Family
Code to comply with a mandatory order protecting the victim
from further acts of violence, threats, stalking, sexual
abuse, and harassment, and, if appropriate, containing
residence exclusion or stay-away conditions. (Penal Code
Section 1203.097(a)(2).)
5.Allows the court to issue a protective order for up to 10
years when a defendant is convicted for an offense involving
"domestic violence" regardless of the sentence imposed.
(Penal Code Section 136.2(i)(1).)
6.Authorizes the court to issue protective orders for up to 10
years in stalking cases regardless of the sentence imposed.
7.Authorizes the court to issue a protective order for up to 10
years in sex cases involving a minor victim.
This bill:
1.Authorizes a court to issue a protective order for up to 10
years when a defendant is convicted of any of the following
crimes:
A. Rape.
B. Spousal rape.
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C. Statutory rape.
D. Any crime that requires the defendant to register as a
sex offender as specified.
1.Clarifies that this section apply to the following types of
orders:
A. An order issued pursuant to Penal Code Section 136.2.
B. An order issued as a condition of probation in a
domestic-violence-related offense.
C. An order issued as a condition of probation in an elder
or dependent abuse case.
D. An order issued in a sex case involving a minor victim.
E. Specified family court orders.
1.Adds double-jointing language to AB 176 (Campos).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/15/13)
Alameda County District Attorney (co-source)
California District Attorneys Association (co-source)
California Coalition Against Sexual Assault
California Communities United Institute
California Partnership to End Domestic Violence
California Police Chiefs' Association
Crime Victims United of California
San Diego County District Attorney
State Public Affairs Committee of the Junior Leagues of
California
OPPOSITION : (Verified 8/15/13)
California Public Defenders Association
ARGUMENTS IN SUPPORT : The California District Attorneys
Association (CDAA), a co-sponsor of this bill, submits in part:
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In 2011, CDAA sponsored SB 723, (Pavley, Chapter 155) which
closed the loophole that formerly kept victims of
misdemeanor domestic violence offenses from being able to
get the 10-year protective order described above. As this
statute has evolved, it has also become clear that victims
of sexual assault offenses should also enjoy the same
ability to obtain a meaningful protective order, subject to
the court's discretion.
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/she
has to relive the trauma underlying criminal act that was
committed against him/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.
ARGUMENTS IN OPPOSITION : The California Public Defenders
Association, states in part, 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.
Furthermore, the class that AB 307 proposes to protect is
already protected under existing law. It's a crime to dissuade
a witness, and it's a crime to contact any party in violation of
a protective order. If the perpetrator's actions are more
egregious than dissuading or violation of the protective orders,
other existing statutes, such as the prohibition against
stalking and terrorist threats already address that behavior.
There's no need for a new statute or new class of crime.
ASSEMBLY FLOOR : 76-0, 4/25/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Ch�vez, Chesbro, Conway,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Maienschein, Mansoor,
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Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nestande, Olsen, Pan, Patterson, Perea, V. Manuel P�rez,
Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting,
Torres, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams,
Yamada, John A. P�rez
NO VOTE RECORDED: Cooley, Lowenthal, Nazarian, Vacancy
JG:ej 8/15/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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