BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 118
                                                                  Page  1

          Date of Hearing:   April 13, 2005

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                   Judy Chu, Chair

                     AB 118 (Cohn) - As Amended:  March 29, 2005 

          Policy Committee:                              JudiciaryVote:9-0  
          (Consent)

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill:

          1)Requires that if a criminal protective order exists, any  
            subsequent custody or visitation order between the same  
            parties must make reference to the criminal protective order. 

          2)Requires the Judicial Council to modify relevant court forms  
            by July 1, 2006.

           FISCAL EFFECT  

          Minor absorbable costs to the Judicial Council and the courts.

           COMMENTS  

           Purpose  . This bill is intended to ensure that a judge-when  
          issuing custody and visitation orders after a criminal  
          protective order involving the same parties is already in  
          place-properly considers the protective order by requiring  
          subsequent family law orders to specifically reference the  
          protective order.

          The bill closes a loophole in the law that could permit a family  
          court judge who, while not aware of the criminal protective  
          order against one of the parties, issues a custody and  
          visitation order that the judge would not have issued were he or  
          she aware of the protective order.  By requiring that any  
          subsequent custody and visitation order reference to the  
          criminal protective order, the judge must be made aware of the  
          protective order and, therefore, must consider it when making   








                                                                  AB 118
                                                                  Page  2

          custody and visitation determination.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081