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