BILL NUMBER: AB 978	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 15, 2005
	AMENDED IN SENATE  JUNE 20, 2005
	AMENDED IN ASSEMBLY  APRIL 14, 2005

INTRODUCED BY   Assembly Member Sharon Runner
   (Principal coauthor: Senator Alquist)

                        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 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 require a court to order  that  any party
who is enjoined pursuant to the orders described above  be
prohibited  from taking any action to obtain the address or
location of a protected party or his or her family members,
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 provisions.
   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.  (a) The court shall order  that  any party
 ,  enjoined pursuant to Sections 527.6 and 527.8
 ,   be prohibited  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  that  any party
 ,  enjoined pursuant to an order issued under this
part  ,   be prohibited  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  that  any party
 ,  enjoined pursuant to an order issued under this
part  ,   be prohibited  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  that  any party
 ,  enjoined pursuant to Section 136.2  ,
  be prohibited  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  that  any party
 ,  enjoined pursuant to Section 646.91  ,
  be prohibited  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  that  any party
 ,  enjoined pursuant to Section 213.5, 304, 362.4,
or 726.5  ,   be prohibited  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  that  any party
 ,  enjoined pursuant to Section 15657.03  ,
  be prohibited  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.