BILL NUMBER: AB 439	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bloom

                        FEBRUARY 23, 2015

   An act to amend Section 6343 of the Family Code, relating to
family law.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 439, as introduced, Bloom. Protective orders: batterer's
program.
   Existing law authorizes a court to issue an order to restrain any
person in order to prevent acts of domestic violence, abuse, and
sexual abuse and to provide for a separation of the persons involved
in the domestic violence for a period sufficient to enable these
persons to seek a resolution of the causes of the violence. Existing
law further authorizes a court to, after notice and hearing, issue an
order requiring the restrained party to participate in a batterer's
program, as specified.
   This bill would, commencing July 1, 2016, require a restrained
party ordered to participate in a batterer's program to register for
the program by a specified deadline and to, upon enrollment, sign all
necessary program consent forms for the program to release specified
documents, including proof of enrollment, to the court and the
protected party or his or her attorney. The bill would require the
Judicial Council to amend the existing restraining order forms or
develop a new form for use by courts that includes these
requirements.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6343 of the Family Code is amended to read:
   6343.  (a) After notice and a hearing, the court may issue an
order requiring the restrained party to participate in a batterer's
program approved by the probation department as provided in Section
1203.097 of the Penal Code. 
   (b) (1) Commencing July 1, 2016, if the court orders a restrained
party to participate in a batterer's program pursuant to subdivision
(a), the restrained party shall do both of the following:  
   (A) Register for the program by the deadline ordered by the court.
If no deadline is ordered by the court, the restrained party shall
register no later than 30 days from the date the order was issued.
 
   (B) Upon enrollment, sign all necessary program consent forms for
the program to release proof of enrollment, attendance records, and
completion or termination reports to the court and the protected
party, or his or her attorney. The court and the protected party
shall provide to the program a fax number or mailing address for this
purpose.  
   (2) The Judicial Council shall amend the existing restraining
order forms or develop a new form that includes the requirements of
this subdivision for use by courts when a party is ordered to
participate in a batterer's program pursuant to subdivision (a).
 
   (b) 
    (c)  The courts shall, in consultation with local
domestic violence shelters and programs, develop a resource list of
referrals to appropriate community domestic violence programs and
services to be provided to each applicant for an order under this
section.