BILL ANALYSIS �
AB 307
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CONCURRENCE IN SENATE AMENDMENTS
AB 307 (Campos)
As Amended August 14, 2013
Majority vote
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|ASSEMBLY: |76-0 |(April 25, |SENATE: |39-0 |(August 26, |
| | |2013) | | |2013) |
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Original Committee Reference: PUB. S.
SUMMARY : Allows a court to issue a protective order for up to
10 years when a defendant is convicted of specified sex crimes,
regardless of the sentence imposed.
The Senate amendments double joint this bill with AB 176
(Campos) of the current legislative session to avoid chaptering
out issues.
EXISTING LAW :
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.
2)Requires the court to consider issuing a protective order in
any case in which a crime of "domestic violence" has been
charged.
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.
5)Allows the court to issue a protective order for up to 10
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years when a defendant is convicted for an offense involving
"domestic violence" regardless of the sentence imposed.
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.
8)Allows the victim of a past act or acts of domestic abuse to
petition the court for a restraining order lasting up to five
years.
9)Gives the court discretion to renew a protective order for an
additional five years, or permanently, without any additional
showing of abuse since the initial order.
10)Allows the court to issue civil harassment protective orders
and workplace violence protective orders for up to three years
upon a showing of clear and convincing evidence.
AS PASSED BY THE ASSEMBLY , this bill:
1)Allowed 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;
c) Statutory rape; and,
d) Any crime that requires the defendant to register as a
sex offender under Penal Code Section 290(c).
2)Clarified that a violation of the following protective orders
is a misdemeanor, punishable by up to one year in jail, a fine
of up to $1,000, or both:
a) An order issued in response to good cause belief of harm
to, intimidation of, or dissuasion of a victim or witness;
b) An order issued as a condition of probation in a
domestic-violence-related offense;
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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;
and,
e) Specified family court orders.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "Victims of sex crimes
deserve the maximum protection that the courts can provide so
that their assailants cannot further torment or traumatize them.
"AB 307 authorizes a court to issue a protective order for up to
10 years to anyone who has been the victim of rape, spousal
rape, unlawful sex with a minor, or any crime that requires the
defendant to register as a sex offender. Last session, this
Committee unanimously approved such safeguards to victims of
domestic violence (SB 723 (Pavley) - Chapter 155, Statutes of
2011). The bill extends these same protections to survivors of
sexual crimes.
"In addition, providing a court the ability to issue a 10-year
criminal protective order will allow survivors to avoid the
process and expense of going to family court to have a new order
issued upon the expiration of the original order.
"AB 307 also clarifies the penalties for violating a protective
order."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN:
0001938
AB 307
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