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











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