BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2139
                                                                  Page  1

          Date of Hearing:   May 3, 2006

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                   Judy Chu, Chair

                   AB 2139 (Garcia) - As Amended:  April 18, 2006 

          Policy Committee:                              JudiciaryVote:9-0

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

           SUMMARY  

          This bill:

          1)Requires a law enforcement officer, who responds to a  
            situation in which the officer believes there may be grounds  
            for issuance of an emergency protective order (EPO), to inform  
            persons that they may request the officer to seek an EPO. 

          2)Requires an officer to request an EPO if the officer believes  
            the person requesting the EPO is in immediate danger.

           FISCAL EFFECT  

          Negligible fiscal impact. It is unlikely that law enforcement  
          agencies would seek reimbursement for fulfilling the bill's  
          requirements, which provides the law enforcement officer the  
          discretion to seek an EPO.

           COMMENTS  

           1)Background  . Under current law, a judicial officer (judge,  
            commissioner, or referee) may issue an EPO if a law  
            enforcement officer asserts there are reasonable grounds to  
            believe a person is in immediate and present danger of  
            domestic violence or stalking, a child is in immediate or  
            present danger of abuse or abduction, or an elder or dependent  
            adult is in immediate and present danger of abuse.  The EPO  
            may only be issued if the judicial officer makes specified  
            findings and expires either five court days or seven calendar  
            days after issuance, whichever is shorter. 

           2)Purpose  . According to the author, this bill is necessary to  








                                                                  AB 2139
                                                                  Page  2

            protect potential victims by making them aware of the  
            opportunity to request that an officer seek an EPO. The bill  
            does not require that the officer seek an EPO in any situation  
            where the officer believes one is not warranted.  Rather, this  
            bill simply requires that the officer let the victim know that  
            the he or she may request an EPO.  The officer then only has  
            to request one if the officer believes that one is warranted.   
            The law enforcement officer retains the ultimate discretion to  
            determine whether or not to seek an order from the court,  
            based on the situation as the officer sees it.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081