BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 307|
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                                UNFINISHED BUSINESS 


          Bill No:  SB 307
          Author:   Pavley (D)
          Amended:  6/17/15  
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  6-0, 4/14/15
           AYES:  Hancock, Anderson, Leno, McGuire, Monning, Stone
           NO VOTE RECORDED:  Liu

           SENATE FLOOR:  37-0, 4/23/15
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block, De  
            León, Fuller, Gaines, Galgiani, Hall, Hancock, Hernandez,  
            Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu,  
            McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell,  
            Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Vidak, Wieckowski,  
            Wolk
           NO VOTE RECORDED:  Cannella, Stone

           ASSEMBLY FLOOR:  77-0, 6/22/15 (Consent) - See last page for  
            vote

           SUBJECT:   Restraining orders 


          SOURCE:    Author


          DIGEST:  This bill expressly provides that post-conviction  
          restraining orders may be issued by the court in domestic  
          violence or sex crimes when a defendant's sentence includes a  
          period of mandatory supervision.  












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                                                                    Page  2



          Assembly Amendments make technical revisions to remove code  
          sections unnecessary to the bill.


          ANALYSIS:   


          Existing law:


          1)Provides that a court generally can issue a protective order  
            in any criminal proceeding pursuant to Penal Code Section  
            136.2 where it finds good cause belief that harm to, or  
            intimidation or dissuasion of, a victim or witness has  
            occurred or is reasonably likely to occur.  Protective orders  
            issued under this statute are valid only during the pendency  
            of the criminal proceedings.   


          2)Provides that when criminal proceedings have concluded, the  
            court has authority to issue protective orders as a condition  
            of probation.  For example, when domestic violence criminal  
            proceedings have concluded, the court can issue a "no-contact  
            order" as a condition of probation.  (Pen. Code, § 1203.097.)


          3)Provides that in some cases in which probation has not been  
            granted, the court also has the authority to issue  
            post-conviction protective orders.  The court is authorized to  
            issue no-contact orders for up to 10 years when a defendant  
            has been convicted of willful infliction of corporal injury to  
            a spouse, former spouse, cohabitant, former cohabitant, or the  
            mother or father of the defendant's child.  The court can also  
            issue no-contact orders lasting up to 10 years in cases  
            involving a domestic-violence-related offense, rape, spousal  
            rape, statutory rape, or any crime requiring sex offender  
            registration.  (Pen. Code, § 136.2, subd. (i)(1).) The same is  
            true of stalking cases (Pen. Code, §646.9, subd. (k)).   
            Similarly, in cases involving a criminal conviction or  
            juvenile adjudication for a sex offense in which the victim  
            was a minor, the court may issue an order "that would prohibit  
            ? harassing, intimidating, or threatening the victim or the  








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                                                                    Page  3



            victim's family members or spouse."  (Pen. Code, § 1201.3,  
            subd. (a).)




          This bill provides that post-conviction restraining orders may  
          be issued by the court in domestic violence or sex crimes when a  
          defendant's sentence includes a period of mandatory supervision.  
           


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified6/23/15)


          Los Angeles District Attorney's Office (source) 
          California Probation, Parole and Correctional Association 
          California State Sheriffs' Association 
          Crime Victims United of California 
          Jewish Family Service of Los Angeles


          OPPOSITION:   (Verified6/23/15)


          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."









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          ASSEMBLY FLOOR:  77-0, 6/22/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd,  
            Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Grove, 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, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,  
            Atkins
          NO VOTE RECORDED:  Dahle, Ridley-Thomas, Wood


           Prepared by:Alison Anderson / PUB. S. / 
          6/24/15 16:16:15


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