BILL NUMBER: AB 840	CHAPTERED  09/21/99

	CHAPTER   445
	FILED WITH SECRETARY OF STATE   SEPTEMBER 21, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 21, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	PASSED THE SENATE   AUGUST 23, 1999
	AMENDED IN SENATE   AUGUST 17, 1999

INTRODUCED BY   Assembly Member Kuehl
   (Principal coauthor:  Senator Rainey)
   (Coauthors:  Assembly Members Havice, Keeley, Mazzoni, McClintock,
Thomson, and Washington)
   (Coauthors:  Senators Alpert, Chesbro, Karnette, Morrow, Perata,
and Solis)

                        FEBRUARY 24, 1999

   An act to add Section 3044 to the Family Code, relating to family
law.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 840, Kuehl.  Child custody.
   Existing law provides that custody should be granted according to
the best interest of the child in a specified order of preference in
which preference is first given to granting custody to both parents
jointly or to either parent.
   This bill would provide that there is a presumption, rebuttable as
specified, that an award of sole or joint physical or legal custody
of a child to a person who has perpetrated domestic violence, as
defined, against the other party seeking custody of the child or
against the child or the child's siblings within the previous 5 years
is detrimental to the best interest of the child.  The bill would
provide that the presumption does not apply in cases in which both
parents are perpetrators of domestic violence.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3044 is added to the Family Code, to read:
   3044.  (a) Upon a finding by the court that a party seeking
custody of a child has perpetrated domestic violence against the
other party seeking custody of the child or against the child or the
child's siblings within the previous five years, there is a
rebuttable presumption that an award of sole or joint physical or
legal custody of a child to a person who has perpetrated domestic
violence is detrimental to the best interest of the child, pursuant
to Section 3011.  This presumption may only be rebutted by a
preponderance of the evidence.
   (b) In determining whether the presumption set forth in
subdivision (a) has been overcome, the court shall consider all of
the following factors:
   (1) Whether the perpetrator of domestic violence has demonstrated
that giving sole or joint physical or legal custody of a child to the
perpetrator is in the best interest of the child.
   (2) Whether the perpetrator has successfully completed a batterer'
s treatment program that meets the criteria outlined in subdivision
(c) of Section 1203.097 of the Penal Code.
   (3) Whether the perpetrator has successfully completed a program
of alcohol or drug abuse counseling if the court determines that
counseling is appropriate.
   (4) Whether the perpetrator has successfully completed a parenting
class if the court determines the class to be appropriate.
   (5) If the perpetrator is on probation or parole, whether he or
she is restrained by a protective order granted after a hearing, and
whether he or she has complied with its terms and conditions.
   (6) Whether the perpetrator of domestic violence has committed any
further acts of domestic violence.
   (c) In cases in which both parents are perpetrators of domestic
violence, this presumption shall not be applicable.
   (d) For purposes of this section, a person has "perpetrated
domestic violence" when he or she is found by the court to have
intentionally or recklessly caused or attempted to cause bodily
injury, or sexual assault, or to have placed a person in reasonable
apprehension of imminent serious bodily injury to that person or to
another, or to have engaged in any behavior involving, but not
limited to, threatening, striking, harassing, destroying personal
property or disturbing the peace of another, for which a court may
issue an exparte order pursuant to Section 6320 to protect the other
party seeking custody of the child or to protect the child and the
child's siblings.