BILL ANALYSIS
AB 978
Page 1
Date of Hearing: April 27, 2005
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Judy Chu, Chair
AB 978 (Runner) - As Amended: April 14, 2005
Policy Committee: JudiciaryVote:9-0
(Consent)
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill:
1)Prohibits parties enjoined under civil harassment orders, and
workplace, juvenile, domestic violence, stalking, criminal, or
elder or dependent adult protective orders, from taking any
action to obtain the address or location of a protected party
or a protected party's family members, caretaker or guardian,
unless there is good cause for the court not to make such an
order.
2)Requires the Judicial Council to promulgate forms to
effectuate the above.
FISCAL EFFECT
1)Minor absorbable costs to the Judicial Council to promulgate
the forms.
2)Nonreimbursable costs to counties, partially offset by fine
revenues, for prosecution and incarceration related to
violations of the above, which are misdemeanors.
COMMENTS
Purpose . This bill requires the court to prohibit any party
restrained under civil or criminal protective orders from taking
any action to obtain the address or location of the protected
party or his or her family members. Existing law only prevents
disclosure of a protected party's address. It does not prevent
the restrained party from affirmatively seeking that address or
AB 978
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other location information. With emerging technology and
internet access, there are now a myriad of ways in which
someone's address or location can be obtained. By providing for
an automatic prohibition against seeking address information,
the restrained party will be immediately aware of the
consequences of such action.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081