BILL ANALYSIS Ó SB 352 Page 1 Date of Hearing: July 8, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 352 (Block) - As Amended June 17, 2015 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill requires the court to consider issuing a restraining order for up to 10 years when a defendant is convicted for an offense involving abuse of an elder or a dependent adult, SB 352 Page 2 regardless of the sentence imposed. FISCAL EFFECT: Unknown, likely minor state and local costs to the extent this bill results in longer restraining orders, which could result in additional probation and parole violations and/or contempt proceedings. COMMENTS: 1)Purpose. According to the author, "With 4.2 million individuals over the age of 65 years, California has the highest number of aging adults in the nation. Currently, loopholes in the law restrict a prosecutor's ability to protect victims of elder abuse through the use of post-conviction criminal protective orders. This loophole leaves our most vulnerable crime victims with an unnecessary level of exposure to revictimization. Elders are also among the least equipped victims able to pursue protection through civil remedies such as temporary restraining orders since they are often complicated, costly and time consuming to obtain." "Although great progress was made with the recent passage of SB 910 (Pavley), which provided protection to victims whose perpetrator is related within two degrees of consanguinity, more could be done to protect elders. SB 352 expands the protection of elders in the following cases where current law falls short: "Where the victim is unrelated to a defendant which is most prevalent in cases involving caretakers who are abusive physically, financially, or through neglect; SB 352 Page 3 "Where the defendant is a relative of the victim but not within two degrees of consanguinity, leaving elders exposed to perpetrators who may be cousins, aunts/uncles, great-grandchildren, nieces/nephews; step-children; etc. "Where the defendant gets sentenced to probation and the defendant and victim are not related within two degrees of consanguinity. This scenario is most common when there is elder abuse committed by caretakers." "SB 352 will close this dangerous loophole in the law that makes our elder victims vulnerable to further abuse and anxiety." 2)Background. Current law 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. Current law also provides that a person violating a protective order may be punished for any substantive offense described in provisions of law related to intimidation of witnesses or victims, or for contempt of court. In all cases in which a criminal defendant has been convicted of a crime of domestic violence, as defined in relevant sections of the Family Code, or any crime that requires the defendant to register as a sex offender, 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. This bill extends the court's authority to issue no-contact orders lasting up to 10 years in cases involving the abuse of an elder or dependent adult. SB 352 Page 4 3)Argument in Support: According to the San Diego County District Attorney, the sponsor of this bill, "Senate Bill 352 ? closes a loophole that restricts a prosecutor's use of a post-conviction criminal protective order in certain situations. Current law allows for post-conviction use of protective orders in cases where the suspect and victim are related within two degrees of consanguinity. However, in cases where suspect and victim are not related within those two degrees, the protective order is not enforceable." 4)Related Legislation: SB 307 (Pavley), enrolled June 25, 2015, authorizes restraining orders to be issued by a court for specified crimes when a defendant's sentence includes a period of mandatory supervision. 5)Prior Legislation: a) AB 307 (Campos), Chapter 291, Statutes of 2013, allows a court to issue a protective order for up to 10 years when a defendant is convicted of specified sex crimes, regardless of the sentence imposed. b) SB 723 (Pavley), Chapter 155, Statutes of 2011, allows a court to issue a protective order for up to 10 years when a defendant is convicted for an offense involving domestic violence, regardless of the sentence imposed. c) SB 834 (Florez), Chapter 627, Statutes of 2010, allows a court to issue a protective order for up to 10 years in sex cases involving a minor victim. Analysis Prepared by:Pedro R. Reyes / APPR. / (916) 319-2081 SB 352 Page 5