BILL ANALYSIS Ó AB 1272 Page 1 Date of Hearing: April 14, 2015 Counsel: Sandra Uribe ASSEMBLY COMMITTEE ON PUBLIC SAFETY Bill Quirk, Chair AB 1272 (Grove) - As Amended March 26, 2015 As Proposed to be Amended in Committee SUMMARY: Authorizes the issuance of an ex parte emergency protective order when there is reason to believe that a developmentally-disabled person is in immediate danger of sexual exploitation by a developmental disability residential service provider. Specifically, this bill: 1)Allows a judicial officer to issue an ex parte emergency protective order when a law-enforcement officer asserts reasonable grounds to believe that a developmental-disability person, as specified, is in immediate and present danger of sexual exploitation by a developmental disability residential service provider. 2)States that the emergency protective order may be issued only if the judicial officer finds both of the following: a) That reasonable grounds have been asserted to believe that a person with a developmental disability is in immediate and present danger of sexual exploitation by a developmental disability residential service provider; and, b) The emergency protective order is necessary to prevent the occurrence, or recurrence of, sexual exploitation of a AB 1272 Page 2 person with a developmental disability. EXISTING LAW: 1)Requires the presiding judge of each county to designate at least one judge, commissioner, or referee to be reasonably available to issue orally, by telephone, or otherwise, emergency protective orders, at all times whether or not the court is in session. (Fam. Code, § 6241.) 2)States that the grounds for the issuance of an ex parte emergency protective order are where a law enforcement officer asserts reasonable grounds to believe any of the following: a) That a person is in immediate and present danger of domestic violence, based on the person's allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought; b) That a child is in immediate and present danger of abuse by a family or household member, based on an allegation of a recent incident of abuse or threat of abuse by the family or household member; c) That a child is in immediate and present danger of being abducted by a parent or relative, based on a reasonable belief that a person has an intent to abduct the child or flee with the child from the jurisdiction or based on an allegation of a recent threat to abduct the child or flee with the child from the jurisdiction; and d) That an elder or dependent adult is in immediate and present danger of abuse, as specified, based on an allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought, except that no emergency protective order shall be issued based solely on an allegation of financial abuse. (Fam. Code, § 6250.) 3)Provides that an emergency protective order is valid only if it is issued by a judicial officer after making the required findings and pursuant to a specific request by a law enforcement officer. (Fam. Code, § 6250.3.) AB 1272 Page 3 4)Permits the issuance of an emergency protective order only if the judicial officer finds both of the following: a) That reasonable grounds have been asserted to believe that an immediate and present danger of domestic violence exists, that a child is in immediate and present danger of abuse or abduction, or that an elder or dependent adult is in immediate and present danger of abuse.; and, b) That an emergency protective order is necessary to prevent the occurrence or recurrence of domestic violence, child abuse, child abduction, or abuse of an elder or dependent adult. (Fam. Code, § 6251.) 5)Requires that an emergency protective order include all of the following: a) A statement of the grounds asserted for the order; b) The date and time the order expires; c) The address of the superior court for the district or county in which the endangered person or child in danger of being abducted resides; and, d) Specified admonitions provided both in English and in Spanish to the protected person and the restrained person regarding the length of the order, and the possibility of a more permanent restraining order. (Fam. Code, § 6253.) FISCAL EFFECT: Unknown COMMENTS: 1)Author's Statement: According to the author, "As proposed to be amended, AB 1272 bill allows police to obtain protective orders immediately, by phone, to protect people with disabilities from sexual exploitation, just as they can obtain emergency orders now to protect people from elder and dependent adult abuse and domestic violence." 2)Emergency Protective Orders: An emergency protective order is AB 1272 Page 4 a restraining order requested by law enforcement. The officer calls the on-call judicial officer and fills out an emergency-protective-order form on site, alleging that there is recent abuse, immediate and present danger of abuse, or immediate and present danger of stalking. An emergency protective order is only valid when a judicial officer finds both (1) that an officer has asserted reasonable grounds to believe that an immediate and present danger of domestic violence exists, that a child is in immediate and present danger of abuse or abduction, or that an elder or dependent adult is in immediate and present danger of abuse; and (2) that an emergency protective order is necessary to prevent the occurrence or recurrence of domestic violence, child abuse, child abduction, or abuse of an elder or dependent adult. (Fam. Code, § 6251.) An emergency protective order is effective for five judicial business days after it is issued, or seven calendar days maximum, if a weekend or holiday falls within that time. (Fam. Code, § 6256.) The count starts the day after the protective order is issued. This bill expands the ground for law enforcement to request an emergency protective order to situations where there are reasonable grounds to believe that a developmentally-disabled person is in immediate danger of sexual exploitation by a developmental disability residential service provider. 3)Argument in Support: According to the Arc and United Cerebral Palsy California Collaboration, the sponsor of this bill, "People with developmental disabilities are subject to sexual assault at much higher rates than the general population. One California and two national studies found roughly the same numbers: about eight in ten women and four in ten men with DD have been victimized at least once; about four in ten women and two in ten men with DD have been victimized at least 10 times. People in group homes, nursing homes, developmental centers, and other residential facilities are at greatest risk. These crimes are often - perhaps usually - committed by caregivers." AB 1272 Page 5 4)Related Legislation: AB 962 (Maienschein) makes specified sex crimes committed against victims with mental disorders or physical or developmental disabilities qualifying crimes for the "One Strike Sex Law" and the vulnerable victim enhancement. AB 962 is pending hearing in this Committee today. REGISTERED SUPPORT / OPPOSITION: Support Arc and United Cerebral Palsy California Collaboration (Sponsor) Opposition None Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744