BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 1407|
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                                      CONSENT 


          Bill No:  AB 1407
          Author:   Atkins (D), et al.
          Amended:  7/6/15 in Senate
          Vote:     21  

           SENATE JUDICIARY COMMITTEE:  7-0, 6/30/15
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

          SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  78-0, 6/2/15 (Consent) - See last page for  
            vote

           SUBJECT:   Family law:  protective orders:  wireless telephone  
                     numbers


          SOURCE:    Women Escaping a Violent Environment


          DIGEST:  This bill authorizes a court, beginning July 1, 2016,  
          after notice and a hearing, to issue a domestic violence  
          restraining order directing a wireless telephone service  
          provider to transfer the billing responsibility and rights to a  
          wireless telephone number to a requesting party and requires  
          that the requesting party assume all financial responsibility  
          for the transferred telephone number, monthly service costs, and  
          costs for any mobile device associated with the telephone  
          number. This bill also prohibits a cause of action against a  
          wireless telephone service provider, its officers, employees, or  
          agents, for actions taken in accordance with the terms of the  
          court order, and requires the Judicial Council to, on or before  
          July 1, 2016, develop any forms or rules necessary to effectuate  
          these provisions.








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          ANALYSIS:   


          Existing law: 


          1)Authorizes the court under the Domestic Violence Prevention  
            Act (DVPA), to issue an ex parte restraining order enjoining a  
            party from assault or harassment, specified behavior,  
            obtaining the address or location of the protected party,  
            and/or determining the temporary use, possession, and control  
            of real or personal property. (Fam. Code Secs. 6320 et. seq.,  
            6324, 6340 et. seq.)


          2)Allows a court, after notice and a hearing, to issue any  
            restraining order described above, or an order excluding the  
            restrained party from a dwelling, making custody  
            determinations, ordering a party to pay child support,  
            ordering the restrained party to participate in a batterer's  
            program, for up to five years. (Fam. Code Secs. 6340 et seq.) 


          This bill: 


          1)Authorizes a court, beginning July 1, 2016, in a DVPA  
            proceeding after notice and a hearing, to issue an order  
            directing a wireless telephone service provider (service  
            provider) to transfer billing responsibility and rights to a  
            wireless telephone number(s) to a requesting party, if the  
            requesting party is not the accountholder.  


          2)Requires that the order be made to the service provider, as  
            specified, and contain specified information.  


          3)Requires the service provider, when it cannot operationally or  
            technically effectuate the order, to notify the requesting  








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            party within 72 hours.  


          4)Provides that a service provider, as part of the transfer of  
            billing responsibility, is not precluded from applying any  
            routine and customary requirements for account establishment,  
            including, but not limited to, identification, financial  
            information and customer preferences, to the requesting party.


          5)Provides that no cause of action will lie against any wireless  
            provider for actions taken in accordance with a court order  
            issued pursuant to the provisions above.


          6)Requires the Judicial Council, by July 1, 2016, to develop any  
            necessary forms or rules necessary to effectuate the above  
            provisions. 


          Background


          Survivors of domestic violence who are planning to leave their  
          abusers, or those who have already escaped and wish to start a  
          new life, often rely on cellular phones to plan a transition and  
          communicate with supportive family, friends, or other community  
          resources.  However, with the development of smart phones and  
          new technology, abusers have begun using cell phones to  
          determine a victim's location, behavior, and plans in a variety  
          of ways, including using a location service on family plans,  
          installing spyware on the phone, monitoring phone activity  
          through phone bills, installing applications that provide  
          location information about the victim's phone, monitoring recent  
          calls and text messages and electronic mail, and Internet Web  
          browsing history.


          Seeking to better protect survivors of domestic violence and  
          their children, this bill allows a court in a domestic violence  
          proceeding, to direct a wireless telephone service provider to  
          transfer billing responsibility and rights for a wireless  








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          telephone number to a requesting party. 


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          SUPPORT:   (Verified8/17/15)


          Women Escaping a Violent Environment (source)
          AT&T 
          California Catholic Conference
          California College and University Police Chiefs Association
          California District Attorneys Association
          California Judges Association
          California Public Defenders Association
          California State Lodge, Fraternal Order of Police
          Family Violence Appellate Project
          Immigration Center for Women and Children
          Legal Aid Society of Orange County
          Legal Aid Society of San Diego
          Legal Services of Northern California
          Long Beach Police Officers Association
          Los Angeles County Professional Peace Officers Association
          Sacramento County Deputy Sheriffs Association
          Santa Ana Police Officers Association
          Sprint
          T-Mobile
          Verizon

          OPPOSITION:   (Verified8/17/15)

          None received

          ARGUMENTS IN SUPPORT:      Women Escaping a Violent Environment  
          (WEAVE), sponsor, writes in support:  

            This bill is necessary for several reasons. First, it halts  
            GPS tracking and stalking of a domestic violence victim.  When  
            the abuser is the accountholder, he has access to information  
            about the victim's movements and the ability to review call  








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            activity, he or she can continue to harass and track the  
            victim.  Second, it will prevent the accountholder from  
            controlling the account and suspending service, which  
            interferes with the victim's ability to use this lifeline to  
            community resources, life-saving services, and support network  
            they need to leave their abuser.  

          ASSEMBLY FLOOR:  78-0, 6/2/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,  
            Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Chávez, Grove


          Prepared by:Nichole Rapier / JUD. / (916) 651-4113
          8/18/15 17:18:23


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