BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1498| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 1498 Page 2 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. AB 1498 Page 3 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 AB 1498 Page 4 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 **** END **** AB 1498 Page 5