BILL NUMBER: AB 439 CHAPTERED
BILL TEXT
CHAPTER 72
FILED WITH SECRETARY OF STATE JULY 13, 2015
APPROVED BY GOVERNOR JULY 13, 2015
PASSED THE SENATE JUNE 25, 2015
PASSED THE ASSEMBLY APRIL 30, 2015
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, 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, to, 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, 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 revise or promulgate forms as necessary to effectuate these
provisions.
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 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) 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 may provide to the program a fax number or mailing address for
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) By July 1, 2016, the Judicial Council shall revise or
promulgate 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.