BILL NUMBER: AB 2139	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 27, 2006

INTRODUCED BY   Assembly Member Garcia

                        FEBRUARY 21, 2006

   An act to add Section 6275 to the Family Code, relating to
emergency protective orders.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2139, as amended, Garcia  Emergency protective orders.
   Existing law authorizes a law enforcement officer to seek an
emergency protective order when the officer asserts reasonable
grounds to believe that a person is in immediate and present danger
of domestic violence, that a child is in immediate and present danger
of abuse by a family or household member, that a child is in
immediate and present danger of being abducted by a parent or
relative,  or  that an elder or dependent adult is
in immediate and present danger of abuse,  or that a person is in
immediate and present danger of stalking  as specified. An
emergency protective order expires at the earlier of the fifth court
day or seventh calendar day following the date of issuance.
   This bill would require a law enforcement officer who responds to
a situation involving  domestic violence   the
circumstances desc   ribed above  to inform the victim
 of domestic violence  that he or she may request
the officer to request an emergency protective order.  The bill
would require an officer to request an emergency protective order if
the officer believes that the person requesting an emergency
protective order is in immediate and present danger.  
   By requiring a local law enforcement officer to request an
emergency protective order under those circumstances, this bill would
impose 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes .


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


  SECTION 1.  Section 6275 is added to the Family Code, to read:
   6275.   (a)    A law enforcement officer who
responds to a situation involving domestic violence  , child
abuse, child abduction, elder or dependent adult abuse, or stalking
 shall inform the victim  of domestic violence 
that he or she may request the officer to request an emergency
protective order pursuant to this part.  
   (b) Notwithstanding Section 6250, and pursuant to this part, an
officer shall request an emergency protective order if the officer
believes that the person requesting an emergency protective order is
in immediate and present danger. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.