BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 307| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. SB 307 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 SB 307 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." SB 307 Page 4 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 **** END ****