BILL NUMBER: AB 960	INTRODUCED
	BILL TEXT


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
 any   a  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
 any   a  misdemeanor conviction involving
domestic violence, weapons, or other violence; has  any
  an  outstanding warrant; is currently on parole
or probation; has a registered firearm; or has  any 
 a  prior restraining order or  any 
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):  any
  a  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;  any   a 
misdemeanor conviction involving domestic violence, weapons, or
other violence;  any   an  outstanding
warrant; parole or probation status;  any   a
 prior restraining order; and  any  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)  Any information   Information 
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  Section 3111 of
the Family Code or  Section 730 of the Evidence Code 
or Section 3111 of this code  . All court-appointed mediators
and child custody evaluators appointed or contracted by the court
pursuant to  Section 3111 of the Family Code or 
Section 730 of the Evidence Code  or Section 3111 of t  
his code  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.