BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1272


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          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  








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               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.)









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          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  








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            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."









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          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