BILL NUMBER: AB 1787	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cohn

                        JANUARY 4, 2006

   An act to amend Section 6273 of, and to add Section 6250.3 to, the
Family Code, relating to protective orders.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1787, as introduced, Cohn  Emergency protective orders.
   Existing law authorizes a judicial officer to issue an emergency
protective order if a law enforcement officer has reasonable grounds
to believe any one of specified circumstances, including the danger
of domestic violence, abuse, or abduction, exist. Existing law
requires a law enforcement officer who requests an emergency
protective order to carry copies of the order while on duty.
   This bill would prohibit a judicial officer from authorizing the
issuance of an emergency protective order pursuant to a standing
order. The bill would also clarify that a law enforcement officer
must make a separate request of a judicial officer to obtain an
emergency protective order for each specific case in which the law
enforcement officer asserts reasonable grounds for the issuance of
the order
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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


  SECTION 1.  Section 6250.3 is added to the Family Code, to read:
   6250.3.  A judicial officer may not authorize the issuance of an
emergency protective order pursuant to a standing order.
  SEC. 2.  Section 6273 of the Family Code is amended to read:
   6273.   (a)    A law enforcement officer who
requests an emergency protective order shall carry copies of the
order while on duty.  
   (b)  A law enforcement officer shall make a separate request of a
judicial officer to obtain an emergency protective order for each
specific case in which the law enforcement officer asserts reasonable
grounds for the issuance of the order, as set forth in Section 6250.
Each emergency protective order shall be issued by a judicial
officer consistent with the requirements of this part. A law
enforcement officer may not serve an emergency protective order
pursuant to a standing order.