California Legislature—2015–16 Regular Session

Assembly Bill No. 960

Introduced by Assembly Member Chiu

February 26, 2015

An act to amend Section 6306 of the Family Code, relating to domestic violence.

LEGISLATIVE COUNSEL’S DIGEST

AB 960, as introduced, Chiu. Prevention of domestic violence: protective orders.

Existing law authorizes a court to issue an order to restrain a person to prevent acts of domestic violence, abuse, sexual abuse, and to provide for a separation of persons involved in domestic violence. Under existing law, prior to a hearing on the issuance or denial of an order for this purpose, the court is required to ensure that a search of specified records and databases is or has been conducted to determine if the subject of the proposed order has a prior criminal conviction, as specified. Under existing law, prior to deciding whether to issue an order or when determining appropriate temporary custody and visitation orders, a court is required to consider specified information obtained pursuant to that search.

This bill would make technical, nonsubstantive changes to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 6306 of the Family Code is amended to
read:

6306.  

(a) Prior to a hearing on the issuance or denial of an
order under this part, the court shall ensure that a search is or has
been conducted to determine if the subject of the proposed order
has begin delete any end delete begin insert a end insert prior criminal conviction for a violent felony specified
in Section 667.5 of the Penal Code or a serious felony specified
in Section 1192.7 of the Penal Code; has begin delete any end delete begin insert a end insert misdemeanor
conviction involving domestic violence, weapons, or other
violence; has begin delete any end delete begin insert an end insert outstanding warrant; is currently on parole
or probation; has a registered firearm; or has begin delete any end delete begin insert a end insert prior restraining
order or begin delete any end delete violation of a prior restraining order. The search shall
be conducted of all records and databases readily available and
reasonably accessible to the court, including, but not limited to,
the following:

(1) The California Sex and Arson Registry (CSAR).

(2) The Supervised Release File.

(3) State summary criminal history information maintained by
the Department of Justice pursuant to Section 11105 of the Penal
Code.

(4) The Federal Bureau of Investigation’s nationwide database.

(5) Locally maintained criminal history records or databases.

However, a record or database need not be searched if the
information available in that record or database can be obtained
as a result of a search conducted in another record or database.

(b) (1) Prior to deciding whether to issue an order under this
part or when determining appropriate temporary custody and
visitation orders, the court shall consider the following information
obtained pursuant to a search conducted under subdivision (a):
begin delete any end delete begin insert a end insert conviction for a violent felony specified in Section 667.5 of
the Penal Code or a serious felony specified in Section 1192.7 of
the Penal Code; begin delete any end delete begin insert a end insert misdemeanor conviction involving domestic
violence, weapons, or other violence; begin delete any end delete begin insert an end insert outstanding warrant;
parole or probation status; begin delete any end delete begin insert a end insert prior restraining order; and begin delete any end delete
violation of a prior restraining order.

(2) Information obtained as a result of the search that does not
involve a conviction described in this subdivision shall not be
considered by the court in making a determination regarding the
issuance of an order pursuant to this part. That information shall
be destroyed and shall not become part of the public file in this or
any other civil proceeding.

(c) (1) After issuing its ruling, the court shall advise the parties
that they may request the information described in subdivision (b)
upon which the court relied. The court shall admonish the party
seeking the proposed order that it is unlawful, pursuant to Sections
11142 and 13303 of the Penal Code, to willfully release the
information, except as authorized by law.

(2) Upon the request of either party to obtain the information
described in subdivision (b) upon which the court relied, the court
shall release the information to the parties or, upon either party’s
request, to his or her attorney in that proceeding.

(3) The party seeking the proposed order may release the
information to his or her counsel, court personnel, and
court-appointed mediators for the purpose of seeking judicial
review of the court’s order or for purposes of court proceedings
under Section 213.5 of the Welfare and Institutions Code.

(d)  begin delete Any information end delete begin insert Information end insert obtained as a result of the
search conducted pursuant to subdivision (a) and relied upon by
the court shall be maintained in a confidential case file and shall
not become part of the public file in the proceeding or any other
civil proceeding. However, the contents of the confidential case
file shall be disclosed to the court-appointed mediator assigned to
the case or to a child custody evaluator appointed by the court
pursuant to begin delete Section 3111 of the Family Code or end delete Section 730 of the
Evidence Code begin insert or Section 3111 of this code end insert . All court-appointed
mediators and child custody evaluators appointed or contracted
by the court pursuant to begin delete Section 3111 of the Family Code or end delete
Section 730 of the Evidence Code begin insert or Section 3111 of this code end insert
who may receive information from the search conducted pursuant
to subdivision (a) shall be subject to, and shall comply with, the
California Law Enforcement Telecommunications System policies,
practices, and procedures adopted pursuant to Section 15160 of
the Government Code.

(e) If the results of the search conducted pursuant to subdivision
(a) indicate that an outstanding warrant exists against the subject
of the order, the court shall order the clerk of the court to
immediately notify, by the most effective means available,
appropriate law enforcement officials of the issuance and contents
of any protective order and of any other information obtained
through the search that the court determines is appropriate. The
law enforcement officials so notified shall take all actions necessary
to execute any outstanding warrants or any other actions, with
respect to the restrained person, as appropriate and as soon as
practicable.

(f) If the results of the search conducted pursuant to subdivision
(a) indicate that the subject of the order is currently on parole or
probation, the court shall order the clerk of the court to immediately
notify, by the most effective means available, the appropriate parole
or probation officer of the issuance and contents of any protective
order issued by the court and of any other information obtained
through the search that the court determines is appropriate. That
officer shall take all actions necessary to revoke any parole or
probation, or any other actions, with respect to the restrained
person, as appropriate and as soon as practicable.

(g) Nothing in this section shall delay the granting of an
application for an order that may otherwise be granted without the
information resulting from the database search. If the court finds
that a protective order under this part should be granted on the
basis of the affidavit presented with the petition, the court shall
issue the protective order and shall then ensure that a search is
conducted pursuant to subdivision (a) prior to the hearing.