BILL NUMBER: AB 439	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 8, 2015

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 amended, 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  
deadline,  to,  upon   at the time of 
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.
  attorney, and to provide the court and the protected
party with specified information regarding the program.  The
bill would require the Judicial Council  , by July 1, 2016, 
to  amend the existing restraining order forms or develop a
new form for use by courts that includes these requirements.
  revise or promulgate forms as necessary to effectuate
these provisions. 
   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  all
 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   At the time of  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
  may  provide to the program a fax number or
mailing address for  this purpose.   purposes of
receiving proof of enrollment, attendance records, and completion or
termination reports.  
   (C) Provide the court and the protected party with the name,
address, and telephone number of the program. 
   (2)  The   By July 1, 2016, 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).  
revise or promul   gate forms as necessary to effectuate
this subdivision. 
   (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.