BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1288
                                                                  Page  1

          Date of Hearing:   April 27, 2005

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                   Judy Chu, Chair

                     AB 1288 (Chu) - As Amended:  April 4, 2005 

          Policy Committee:                              Public  
          SafetyVote:  6-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill:

          1)Provides that if a court has not issued a protective order in  
            a case in a domestic violence case, as specified, the court on  
            its own motion  shall  issue a protective order, upon a good  
            cause belief that a victim or witness may suffer harm from the  
            defendant, prohibiting the defendant from possessing a gun  
            while the protective order is in effect and requiring the  
            defendant to relinquish any guns that he or she possesses, as  
            specified. 

          2)Authorizes law enforcement to advise domestic violence victims  
            who have protective orders in effect, or whose abusers have  
            been arraigned or are serving a sentence for domestic  
            violence, whether the accused/convicted abuser owns a gun.  
            (This information exists in a Department of Justice (DOJ)  
            database.)
           
           FISCAL EFFECT  

          1)Minor costs to the state trial courts as a result of requiring  
            the court to issue additional protective orders.

          2)Minor, nonreimbursable costs to local law enforcement to let  
            domestic violence victims know if their alleged or convicted  
            abuser possesses a gun.

           COMMENTS  

           1)Rationale  . If a prosecutor obtains a protective order that  








                                                                  AB 1288
                                                                  Page  2

            requires a domestic violence defendant to stay away from the  
            alleged victim, the court must automatically, without  
            exception, direct the defendant to relinquish any guns.  But  
            if the prosecutor does not seek, or fails to obtain, a  
            protective order - and this frequently happens, often because  
            the defendant and victim live together - then the court lacks  
            authority to issue a gun prohibition.

            Given the frequency with which guns are used against domestic  
            violence victims, this bill requires the court to issue such  
            an order if there is a good cause to believe that harm has  
            occurred or will occur, the same standard of belief used for  
            obtaining protective orders.

           2)This bill requires, rather than authorizes the court to issue  
            an order  . Generally, the court is  authorized  to issue  
            protective orders; this bill  requires  a protective order  
            prohibiting possession of a gun in cases where the court has  
            not exercised its authority to issue a protective order, which  
            would prohibit possession of a gun.


           

           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081