AB 1407, as amended, Atkins. Family law: protective orders: wireless telephone numbers.
Existing law authorizes a court to issue an ex parte protective order enjoining a party from engaging in specified acts against another party, including, among other things, threatening or harassing that party. Existing law also authorizes a court to include these protective orders and other orders in a judgment entered in specified proceedings, including, among others, a proceeding for the dissolution of marriage. A violation of these court orders constitutes contempt of court, which is punishable as a misdemeanor.
begin delete wouldend delete additionally authorize a court, during the pendency of specified proceedings, or in a
judgment entered in those specified proceedings, to issue an order begin delete requiringend delete a wireless telephone service provider to transfer the billing responsibility and rights to a wireless telephone number or numbers to a begin delete petitioner.end delete The bill would require that order to be a separate order directed to the wireless telephone service provider that lists the name and billing telephone number of the accountholder, the name of the person to whom the number or numbers will be transferred, and each number to be transferred to that person. The bill would require, upon transfer of billing responsibility for and rights to a wireless telephone begin delete number, the costs associated with the wireless telephone number to be removed from the respondent’s bill and be billed to the petitioner.end delete The bill would prohibit a cause of action against a wireless telephone service provider, its officers, employees, or agents, for actions taken begin delete related to the transfer of billing responsibility and rights to a wireless telephone number or numbersend delete in accordance with the terms of the court order.
By expanding the scope of an existing crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
3 3(a)end delete
4 Allowing a victim of domestic violence to retain the use of
5an existing wireless telephone number and access to the contacts
6and other information that may be contained in an existing wireless
7telephone is important for both the safety and emotional support
8of the victim. This can be a problem if the domestic violence victim
9is not the accountholder for the wireless telephone, as only an
10accountholder has the authority to release the telephone number
11or numbers contained in the account.
11 12(b)end delete
13 According to a Wall Street Journal article, in 2011 just under
1471 percent of households had a landline in the home, down from
15a little more than 96 percent of households 15 years earlier. Cellular
16telephone ownership among adults reached 89 percent in 2011, up
17from approximately 36 percent in 1998.
4 18(c)end delete
19 When two parties are divorced, for safety reasons, a custodial
20parent may need to monitor a child’s cellular telephone. This
21practice would be impossible
begin delete whereend delete the accountholder for
22the wireless telephone is not the custodial parent.
Part 8 (commencing with Section 296) is added to
24Division 2 of the Family Code, to read:
begin deleteIn end deleteorder to ensure that
begin delete petitionerend delete can maintain an existing wireless
30telephone number, and the wireless numbers of any minor children
31in the care of the
begin delete petitioner,end delete
the court may issue
begin delete orderend delete during the
33pendency of a proceeding described in subdivision (f), or include
34an order in a judgment in a proceeding described in subdivision
begin delete requiringend delete a wireless telephone service provider to
36transfer the billing responsibility and rights to the wireless
37telephone number or numbers to the
begin delete petitioner,end delete
38 if the
begin delete petitionerend delete is not the accountholder.
39(b) The order transferring billing responsibility for and
40rights to the wireless telephone number or numbers to a
begin delete petitionerend delete
P4 1 shall be a separate order that is directed to the
2wireless telephone service provider. The order shall list the name
3and billing telephone number of the accountholder, the name of the person to whom the telephone number
5or numbers will be transferred, and each telephone number to be
6transferred to that person.
transfer of billing responsibility for and rights to
23a wireless telephone number pursuant to
begin delete (a)end delete by a wireless telephone service provider, the
begin delete costs associated with the wireless telephone number, including,
26but not limited to, monthly service fees and the cost of a mobile
27device associated with the wireless telephone number, shall be
28removed from the respondent’s bill and shall be billed to the
29petitioner. The petitioner shall be responsible for the payment of
30those costs.end delete
3(d) This section
shall not affect the ability of the court to
4apportion the assets and debts of the parties as provided for in law.
begin deleteA end deletecause of action shall begin delete notend delete lie against any wireless
6telephone service provider, its officers, employees, or agents, for
begin delete that are related to the transfer of the billing
in accordance with the terms of a court order issued
8responsibility for and rights to the wireless telephone number or
10pursuant to this section.
11(f) This section applies to proceedings held pursuant to any of
13(1) Division 6 (commencing with Section 2000).
14(2) Division 8 (commencing with Section 3000).
15(3) Division 10 (commencing with Section 6200).
No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20the only costs that may be incurred by a local agency or school
21district will be incurred because this act creates a new crime or
22infraction, eliminates a crime or infraction, or changes the penalty
23for a crime or infraction, within the meaning of Section 17556 of
24the Government Code, or changes the definition of a crime within
25the meaning of Section 6 of Article XIII B of the California