BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 307|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 307
Author: Pavley (D)
Introduced:2/23/15
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/14/15
AYES: Hancock, Anderson, Leno, McGuire, Monning, Stone
NO VOTE RECORDED: Liu
SUBJECT: Restraining orders
SOURCE: Los Angeles District Attorneys Office
DIGEST: This bill includes mandatory supervision, a sentencing
feature for felonies subject to jail confinement, in protective
order statutes regarding domestic violence, sex crimes and
stalking, as specified.
ANALYSIS:
Existing law:
1)Authorizes the trial court in a criminal case to issue
protective orders when there is a good cause belief that harm
to, or intimidation or dissuasion of a victim or witness has
occurred or is reasonably likely to occur. (Pen. Code, §
136.2, subd. (a).)
SB 307
Page 2
2)Requires that in cases in which a criminal defendant has been
convicted of a domestic violence or sex offense crime, as
specified, the court at the time of sentencing, shall consider
issuing an order restraining the defendant from any contact
with the victim. The order may be valid for up to 10 years,
as determined by the court, and the protective order may be
issued by the court regardless of whether the defendant is
sentenced to the state prison or a county jail, or whether
imposition of sentence is suspended and the defendant is
placed on probation. "It is the intent of the Legislature in
enacting this subdivision that the duration of any restraining
order issued by the court be based upon the seriousness of the
facts before the court, the probability of future violations,
and the safety of the victim and his or her immediate family."
(Penal Code § 136.2(i)(1).)
3)Requires the sentencing court in a case where the defendant
has been convicted of felony domestic violence to "also
consider issuing an order restraining the defendant from any
contact with the victim, which may be valid for up to 10
years, as determined by the court. It is the intent of the
Legislature that the length of any restraining order be based
upon the seriousness of the facts before the court, the
probability of future violations, and the safety of the victim
and his or her immediate family. This protective order may be
issued by the court whether the defendant is sentenced to
state prison or county jail, or if imposition of sentence is
suspended and the defendant is placed on probation." (Penal
Code § 273.5.)
4)Requires the sentencing court in a stalking case to "also
shall consider issuing an order restraining the defendant from
any contact with the victim, that may be valid for up to 10
years, as determined by the court. It is the intent of the
Legislature that the length of any restraining order be based
upon the seriousness of the facts before the court, the
probability of future violations, and the safety of the victim
and his or her immediate family. . . . This protective order
may be issued by the court whether the defendant is sentenced
to state prison, county jail, or if imposition of sentence is
suspended and the defendant is placed on probation." (Penal
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Page 3
Code § 646.9.)
This bill amends these provisions to include defendants placed
on mandatory supervision, a feature of a jail felony sentence
pursuant to Penal Code section 1170(h).
NOTE: Please see policy committee analysis for a full
discussion of this bill.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified4/16/15)
Los Angeles District Attorney's Office (sponsor)
California Probation, Parole and Correctional Association
California State Sheriffs' Association
Crime Victims United of California
Jewish Family Service of Los Angeles
OPPOSITION: (Verified4/16/15)
None received
ARGUMENTS IN SUPPORT: The author states in part: "SB 307
expands the potential use of criminal justice restraining orders
when offenders are released to their communities. . . . SB 307
closes a potentially life-threatening gap in the law by giving
sentencing judges the tools they need to protect victims once
their offenders are released back into the public. . . . This
bill closes a dangerous loophole in the law by giving sentencing
judges the ability to protect all victims from abuse once these
offenders return to our streets."
SB 307
Page 4
Prepared by:Alison Anderson / PUB. S. /
4/20/15 9:58:04
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