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.
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
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