BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 1498
          Author:   Campos (D)
          Amended:  7/3/14 in Senate
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  5-0, 6/17/14
          AYES:  Hancock, De León, Liu, Mitchell, Steinberg
          NO VOTE RECORDED:  Anderson, Knight
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8
           
          ASSEMBLY FLOOR  :  75-0, 4/24/14 (Consent) - See last page for  
            vote


           SUBJECT  :    Protective orders

           SOURCE :     California District Attorneys Association


           DIGEST  :    This bill expands the circumstances under which the  
          court is required to consider issuing a protective order, on its  
          own motion, from domestic violence cases to all cases where a  
          defendant is charged with rape, statutory rape, spousal rape, or  
          any offense that requires registration as a sex offender.

           Senate Floor Amendments  of 7/3/14 add technical double-jointing  
          amendments with SB 910 (Pavley) and AB 1850 (Waldron).

           ANALYSIS  :    

          Existing law: 
                                                                CONTINUED





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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.  

          2.States in those cases in which a complaint, information, or  
            indictment charging a crime of domestic violence has been  
            issued, except as specified, a restraining order or protective  
            order against the defendant issued by the criminal court in  
            that case has precedence in enforcement over a civil court  
            order against the defendant.  

          3.Allows a court, in any case in which a complaint, information,  
            or indictment charging a crime of domestic violence has been  
            filed, to consider, in determining whether good cause exists  
            to issue a protective order, the underlying nature of the  
            offense charged, and any information about the defendant's  
            prior convictions for domestic violence, other forms of  
            violence or weapons offenses, and any current protective or  
            restraining order issued by a criminal or civil court.  

          4.Provides that in cases in which a complaint, information, or  
            indictment charging a crime of domestic violence has been  
            issued, except as specified, a restraining order or protective  
            order against the defendant issued by the criminal court in  
            that case has precedence in enforcement over a civil court  
            order against the defendant.  (Penal Code Section 136.2, subd.  
            (e)(2))

          5.Provides that in all cases where the defendant is charged with  
            a crime of domestic violence, as defined, the court shall  
            consider issuing specified protective orders on its own  
            motion.  

          This bill:

          1.Provides that in any case where a defendant is charged with  
            rape, statutory rape, spousal rape, or any other offense for  
            which the defendant would have to register as a sex offender,  
            except as provided, a restraining order or protective order  
            against the defendant issued by the criminal court in the case  
            has precedence in enforcement over a civil court order against  
            the defendant.  







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          2.Expands current statute to include the additional crimes of  
            rape, statutory rape, spousal rape, or any other offense for  
            which the defendant would have to register as a sex offender.

          3.Provides that in any criminal case involving specified sex  
            crimes the court may consider, in determining whether good  
            cause exists to issue a protective order, the underlying  
            nature of the offense charged, the defendant's relationship to  
            the victim, the likelihood of continuing harm to the victim,  
            any current restraining order or protective order issued by  
            any civil or criminal court involving the defendant, and the  
            defendant's criminal history, including, but not limited to,  
            prior convictions for a violation of specified sex crimes, or  
            any other forms of violence, or any weapons offenses.

          4.Contains double-jointing language with SB 910 (Pavley) and AB  
            1850 (Waldron).

           Comments
           
          The author states:

            The existing process for obtaining a protective order during a  
            criminal sexual assault case requires a hearing, after which  
            the order will only be issued if there is a showing of good  
            cause that harm or dissuasion of a victim's testimony has  
            occurred or is likely to occur.  This creates two issues.

            First, it generally requires some proof that the perpetrator  
            has attempted or will attempt to harm or dissuade the victim,  
            beyond the harm that has already occurred.  That proof can be  
            difficult to obtain, until a new incident has taken place.   
            Victims should not be put in the position of having to wait  
            until they are harmed again to be able to obtain a protective  
            order.

            Second, meeting the standard of good cause requires the victim  
            and his/her family members having to participate in a separate  
            hearing in order to obtain a protective order.  This means  
            having to testify and relive the traumatic experience.

            In domestic violence cases, under PC [Penal Code Section]  
            136.2(e), the court can issue a protective order without  







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            requiring a separate hearing or a showing of good cause.   
            Victims of sex crimes, on the other hand, must still seek  
            protective orders through the PC [Penal Code Section] 136.2(a)  
            process.

            AB 1498 would extend to victims of sexually motivated crimes  
            the protections afforded domestic violence victims.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  6/30/14)

          California District Attorneys Association (source)
          Association for Los Angeles Deputy Sheriffs
          California State Sheriffs' Association
          Crime Victims United of California
          Los Angeles Police Protective League
          Los Angeles Probation Officers' Union, AFSCME, Local 685
          National Association of Social Workers, California Chapter
          Riverside Sheriffs' Association

           ASSEMBLY FLOOR  :  75-0, 4/24/14
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,  
            Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,  
            Gorell, Grove, Hagman, Hall, Roger Hernández, Holden, Jones,  
            Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,  
            Medina, Melendez, Mullin, Muratsuchi, Nestande, Olsen, Pan,  
            Patterson, Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,  
            Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.  
            Pérez
          NO VOTE RECORDED:  Gray, Harkey, Mansoor, Nazarian, Vacancy


          JG:k  7/7/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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