BILL NUMBER: AB 978	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2005

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   Sections 136.3 and  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 amended, 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,  victim or witness intimidation,  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   require a court to order any party who is
enjoined pursuant to the orders described above from taking any
action  to obtain the address or location of  the
  a  protected party or his or her family members
 or other information that would enable the enjoined party to
obtain that address or location   , caretakers, or
guardian, unless there is good cause not to make that order. The bill
would also require the Judicial Council to promulgate forms
necessary to effectuate those pro   visions .
   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: 
  SECTION 1.   Section 527.10 is added to the   Code of
Civil Procedure   , to read:  
   527.10.  (a) The court shall order any party, enjoined pursuant to
Sections 527.6 and 527.8, from taking any action to obtain the
address or location of a protected party or a protected party's
family members, caretakers, or guardian, unless there is good cause
not to make that order.
   (b) The Judicial Council shall promulgate forms necessary to
effectuate this section.  
  SEC. 2.   Section 6252.5 is added to the   Family Code
  , to read: 
   6252.5.  (a) The court shall order any party, enjoined pursuant to
this part, from taking any action to obtain the address or location
of a protected party or a protected party's family members,
caretakers, or guardian, unless there is good cause not to make that
order.
   (b) The Judicial Council shall promulgate forms necessary to
effectuate this section.  
  SEC. 3.   Section 6322.7 is added to the   Family Code
  , to read:  
   6322.7.  (a) The court shall order any party, enjoined pursuant to
this part, from taking any action to obtain the address or location
of a protected party or a protected party's family members,
caretakers, or guardian, unless there is good cause not to make that
order.
   (b) The Judicial Council shall promulgate forms necessary to
effectuate this section.  
  SEC. 4.   Section 136.3 is added to the   Penal Code
  , to read:  
   136.3.  (a) The court shall order any party, enjoined pursuant to
Section 136.2, from taking any action to obtain the address or
location of a protected party or a protected party's family members,
caretakers, or guardian, unless there is good cause not to make that
order.
   (b) The Judicial Council shall promulgate forms necessary to
effectuate this section.  
  SEC. 5.   Section 646.91A is added to the   Penal Code
  , to read:  
   646.91A.  (a) The court shall order any party, enjoined pursuant
to Section 646.91, from taking any action to obtain the address or
location of a protected party or a protected party's family members,
caretakers, or guardian, unless there is good cause not to make that
order.
   (b) The Judicial Council shall promulgate forms necessary to
effectuate this section.  
  SEC. 6.   Section 213.7 is added to the   Welfare and
Institutions Code   , to read:  
   213.7.  (a) The court shall order any party, enjoined pursuant to
Section 213.5, 304, 362.4, or 726.5, from taking any action to obtain
the address or location of a protected party or a protected party's
family members, caretakers, or guardian, unless there is good cause
not to make that order.
   (b) The Judicial Council shall promulgate forms necessary to
effectuate this section.  
  SEC. 7.   Section 15657.04 is added to the   Welfare
and Institutions Code   , to read:  
   15657.04.  (a) The court shall order any party, enjoined pursuant
to Section 15657.03, from taking any action to obtain the address or
location of a protected party or a protected party's family members,
caretakers, or guardian, unless there is good cause not to make that
order.
   (b) The Judicial Council shall promulgate forms necessary to
effectuate this section.  
  SEC. 8.    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.   

   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.