BILL NUMBER: AB 2139	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 16, 2006
	PASSED THE ASSEMBLY  MAY 11, 2006
	AMENDED IN ASSEMBLY  APRIL 18, 2006
	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, 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, 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 5th court day or 7th calendar day
following the date of issuance.
   This bill would require a law enforcement officer who responds to
a situation in which the officer believes that there may be grounds
for the issuance of an emergency protective order, to inform the
person for whom the order may be sought or, if the person is a minor,
his or her parent or guardian, as specified, 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.


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
in which the officer believes that there may be grounds for the
issuance of an emergency protective order pursuant to Section 6250 of
this code or Section 646.91 of the Penal Code, shall inform the
person for whom an emergency protective order may be sought, or, if
that person is a minor, his or her parent or guardian, provided that
the parent or guardian is not the person against whom the emergency
protective order may be obtained, 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.