BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 499
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 499 (Ting)
          As Amended June 18, 2013
          Majority vote 
           
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          |ASSEMBLY:  |76-0 |(April 18,      |SENATE: |33-0 |(July 8, 2013) |
          |           |     |2013)           |        |     |               |
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           Original Committee Reference:    JUD.  

           SUMMARY  :  Extends, as of July 1, 2014, the maximum duration  
          period for injunctions against harassment from three to five  
          years, as specified.  Specifically,  this bill  provides that an  
          injunction prohibiting harassment may remain in effect for a  
          duration of up to five years and that, upon request of a party,  
          may be renewed for a duration of not more than five additional  
          years, without a showing of any further harassment since the  
          issuance of the original order, subject to termination or  
          modification by further order of the court either by written  
          stipulation or by motion of a party. 
           
          The Senate amendments  restore the existing default duration  
          period of three years if the injunction order does not state an  
          expiration date and delay implementation of the bill's  
          provisions until July 1, 2014. 
           
          EXISTING LAW  :  

          1)Permits a person who has suffered harassment to seek a  
            temporary restraining order or an injunction prohibiting  
            harassment.  

          2)Defines "harassment" as unlawful violence, a credible threat  
            of violence, or a knowing and willful course of conduct  
            directed at a specific person that seriously alarms, annoys,  
            or harasses the person and serves no legitimate purpose.  The  
            course of conduct must be such that it would cause a  
            reasonable person to suffer substantial emotional distress,  
            and must actually cause substantial emotional distress to the  
            petitioner.    

          3)Provides that upon filing for a petition, a person who has  
            suffered harassment may obtain a temporary restraining order  








                                                                  AB 499
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            (TRO) for a period not to exceed 21 days of the filing of the  
            petition (or a period of 25 days if the court at its  
            discretion extends the time for hearing).  Within 21 or 25  
            days, accordingly, from the date that the TRO was issued, a  
            hearing shall be held for an injunction.  If issued, the  
            injunction shall be in effect for a period of not more than  
            three years and may be renewed for another period of not more  
            than three years.  Failure to state an expiration date on the  
            face of the form creates an order effective for three years  
            from the date of issuance.  

           FISCAL EFFECT  :  None

           COMMENTS  :  According to the author, this bill will afford  
          greater protection to victims of harassment, which includes  
          stalking and threats of violence, by simplifying "a victim's  
          ability to obtain an injunction that is commensurate in duration  
          with the unique dynamic of stalking behavior."  Under existing  
          law a victim of harassment may seek a temporary restraining  
          order (TRO) or an injunction prohibiting the harassment.  Upon  
          filing a petition for an injunction, the petitioner may obtain a  
          TRO until the injunction hearing, which usually must be held  
          within 21 days of the filing of the petition - although the  
          court at its discretion may extend the hearing to 25 days.  If  
          issued, an injunction order may be in effect for a period not to  
          exceed three years, and it may be renewed for an additional  
          period of not more than three years.  If the injunction order  
          does not expressly state an expiration date, the statutory  
          default rule creates an order with a three-year duration period.  
           This bill would increase the maximum duration of an injunction  
          against harassment to a period of not more than five years,  
          instead of three years.

          According to the author and sponsor, this extension is necessary  
          because the process of renewal requires that the harasser be  
          served and requires both the victim and harasser to attend an  
          injunction hearing.  Groups that work with victims of stalking  
          and domestic violence report that three years is often not a  
          sufficient period of time in these cases, and that the renewal  
          process often ignites old hostilities and is akin to "waking the  
          sleeping giant."  By extending the duration of the original  
          injunction, this bill will reduce the need to seek renewals that  
          require the victim to serve notice upon the harasser and the two  
          parties appear together at a hearing. 









                                                                  AB 499
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          This bill as introduced provided for a duration of up to 10  
          years and obviated the need for renewal.  In order to address  
          concerns raised by the California Public Defenders Association  
          (CPDA) that a 10 year period was too long, the author agreed to  
          amend the bill to extend existing timeframes from three to five  
          years.  The bill is supported by groups that work with victims  
          of stalking and domestic violence, law enforcement groups, and  
          women's groups.  CPDA remains opposed to the bill unless it is  
          amended to provide that an order cannot be removed if the  
          protected party has invited or otherwise consented to contact  
          with the party restrained by the order. 

           
          Analysis Prepared by  :    Thomas Clark / JUD. / (916) 319-2334 


          FN: 0001265 0001115