BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1407| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. AB 1407 Page 2 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 AB 1407 Page 3 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 AB 1407 Page 4 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 AB 1407 Page 5 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 **** END ****