BILL NUMBER: AB 978	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Sharon Runner

                        FEBRUARY 18, 2005

   An act to add Section 527.10 to the Code of Civil Procedure, to
add Sections 6252.5 and 6322.7 to the Family Code, to add Section
646.91A to the Penal Code, and to add Sections 213.7 and 15657.04 to
the Welfare and Institutions Code, relating to protective orders.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 978, as introduced, Sharon Runner.   Restraining orders:
stalking.
   Existing law authorizes courts to issue protective orders and
emergency protective orders under various circumstances, including
cases of domestic violence, stalking, abuse against elder or
dependent adults, and workplace violence. Existing law also
authorizes a court to issue an ex parte order prohibiting disclosure
of the address or other identifying information of a party, child,
parent, guardian, or other caretaker of a child. The willful
disobedience of the terms, as written, of a court order or the
intentional and knowing violation of a protective order or stay away
order issued as specified, is a misdemeanor.
   This bill would provide that these protective orders shall
prohibit the enjoined party from employing, directly or indirectly
through a 3rd party, the services of a licensed private investigator
to obtain the address or location of the protected party or his or
her family members or other information that would enable the
enjoined party to obtain that address or location.
   Because the willful disobedience of the terms as written of a
court order, or the intentional and knowing violation of a protective
order or a stay away order issued as specified, is a misdemeanor,
the bill would create a new crime, thereby imposing a state-mandated
local program.

  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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


  SECTION 1.  Section 527.10 is added to the  Code of Civil Procedure
, to read:
   527.10.   Any order issued pursuant to Sections 527.6 and 527.8
shall prohibit the enjoined party from employing, directly or
indirectly through a third party, the services of a licensed private
investigator to obtain the address or location of the protected party
or his or her family members or other information that would enable
the enjoined party to obtain that address or location.
  SEC. 2.  Section 6252.5 is added to the  Family Code , to read:
   6252.5.  Any order issued pursuant to this part shall prohibit the
enjoined party from employing, directly or indirectly through a
third party, the services of a licensed private investigator to
obtain the address or location of the protected party or his or her
family members or other information that would enable the enjoined
party to obtain that address or location.
  SEC. 3.  Section 6322.7 is added to the  Family Code , to read:
   6322.7.  Any order issued pursuant to this part shall prohibit the
enjoined party from employing, directly or indirectly through a
third party, the services of a licensed private investigator to
obtain the address or location of the protected party or his or her
family members or other information that would enable the enjoined
party to obtain that address or location.
  SEC. 4.  Section 646.91A is added to the  Penal Code , to read:
   646.91A.  Any order issued pursuant to Section 646.91 shall
prohibit the enjoined party from employing, directly or indirectly
through a third party, the services of a licensed private
investigator to obtain the address or location of the protected party
or his or her family members or other information that would enable
the enjoined party to obtain that address or location.
  SEC. 5.  Section 213.7 is added to the  Welfare and Institutions
Code , to read:
   213.7.  Any order issued pursuant to this part shall prohibit the
enjoined party from employing, directly or indirectly through a third
party, the services of a licensed private investigator to obtain the
address or location of the protected party or his or her family
members or other information that would enable the enjoined party to
obtain that address or location.
  SEC. 6.  Section 15657.04 is added to the  Welfare and Institutions
Code , to read:
   15657.04.  Any order issued pursuant to Section 15657.03 shall
prohibit the enjoined party from employing, directly or indirectly
through a third party, the services of a licensed private
investigator to obtain the address or location of the protected party
or his or her family members or other information that would enable
the enjoined party to obtain that address or location.
  SEC. 7.
  No reimbursement is required by this act pursuant to Section 6 of
Article XIII B of the California Constitution because the only costs
that may be incurred by a local agency or school district will be
incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.