BILL NUMBER: AB 2303 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Judiciary (Jones (Chair), Evans, Laird,
Levine, Lieber, and Montanez)
FEBRUARY 22, 2006
An act to amend Section 52.2 of the Civil Code, to amend Sections
527.9, 1276, 1277, 1278, 1278.5, and 1279.5 of the Code of Civil
Procedure, to amend Sections 12585, 12599, 12599.1, and 12599.2 of
the Government Code, to amend Section 959.1 of the Penal Code, and to
amend Section 15657.03 of the Welfare and Institutions Code,
relating to the judiciary.
LEGISLATIVE COUNSEL'S DIGEST
AB 2303, as introduced, Committee on Judiciary Judiciary: omnibus
bill.
(1) The Small Claims Act provides that the jurisdiction of the
small claims court includes actions brought by a natural person, if
the amount of the demand does not exceed $7,500, with specified
exceptions. Existing law limits the jurisdiction of the small claims
court in specified actions in which the demand does not exceed
$5,000, including actions for specified acts of discrimination,
boycotting, or blacklisting, or the refusal to buy or sell to a
person, actions for violence, threat of violence, or intimidation
based on specified characteristics of a person, actions for denial or
interference with the right of access of a disabled person to
specified public accommodations, and other related civil rights
actions, as specified.
This bill would permit these actions to be brought in small claims
court if the amount of damages demanded does not exceed the
jurisdiction of the small claims court for that person pursuant to
the Small Claims Act.
(2) Existing law requires a person subject to a temporary
restraining order or injunction issued pursuant to specified
provisions to relinquish any firearm in his or her immediate
possession or control, within 24 hours of the order, to local law
enforcement or by sale to a licensed gun dealer. If the respondent is
not present at the hearing, existing law allows for that
relinquishment or sale within a 48-hour period.
This bill would delete that latter provision, and instead would
require all relinquishments or sales to occur within 24 hours of the
respondent being served with the order.
(3) Existing law sets forth the procedures for a change of name,
including requiring an application for a name change to be made to
the superior court of the county where the person whose name is
proposed to be changed resides, by petition signed by the person, or
if the person is under 18 years of age, signed by one of the person's
parents, if living, or if both parents are dead, then by the
guardian of the person.
This bill would revise and recast these provisions to, among other
things, modify the procedures for persons objecting to a name change
and notice thereto, as specified.
(4) Existing law requires a charitable organization,
unincorporated association, or a trustee holding property for
charitable purposes to register its articles of incorporation with
the Attorney General's Registry of Charitable Trusts within 30 days
of receiving the property.
This bill would instead require these entities to file an initial
registration form with the Attorney General, and would require the
Attorney General to adopt rules and regulations as to the contents of
that form and related procedures. The bill would make other
procedural changes relating to the means of payment of the annual
registration or renewal fee by other entities required to register
with the Attorney General's Registry of Charitable Trusts.
(5) Existing law allows a criminal prosecution to be commenced by
filing an accusatory pleading in electronic form with the magistrate,
or in a court having authority to receive it, under specified
conditions. Existing law also authorizes a court to receive and file
a notice of parking violation or a notice to appear in electronic
form under certain conditions.
This bill would revise and recast those conditions for the receipt
and filing of an accusatory pleading or a notice to appear in
electronic form.
(6) Existing law provides for emergency protective orders with
respect to elder abuse, as specified. For those purposes, existing
law requires the respondent to be personally served at least two days
before the hearing on the protective order.
This bill would instead require at least five days service before
that hearing.
(7) The Administrative Office of the Courts administers various
court-related programs.
This bill would require the Administrative Office of the Courts to
expend all funds allocated for services to assist self-represented
litigants in proportion to the number of self-represented parties in
each county.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 52.2 of the Civil Code is amended to read:
52.2. An action pursuant to Section 52 or 54.3 may be brought in
any court of competent jurisdiction. A "court of competent
jurisdiction" shall include small claims court if the amount of the
damages sought in the action does not exceed five thousand
dollars ($5,000) the jurisdiction of the small claims
court for that person .
SEC. 2. Section 527.9 of the Code of Civil Procedure is amended to
read:
527.9. (a) A person subject to a temporary restraining order or
injunction issued pursuant to Section 527.6 or 527.8 of the Code of
Civil Procedure, or subject to a restraining order issued pursuant to
Section 136.2 of the Penal Code, or Section 15657.03 of the Welfare
and Institutions Code, shall relinquish the firearm pursuant to this
section.
(b) If the person subject to the order
or injunction is present in court at a duly noticed hearing
Upon issuance of a protective
order described in subdivision (a) , the court shall order the
person to relinquish any firearm in that person's immediate
possession or control, or subject to that person's immediate
possession or control, within 24 hours of being served with
the order, by either by
surrendering the firearm to the control of local law enforcement
officials, or by selling the firearm to a licensed gun dealer, as
specified in Section 12071 of the Penal Code. If the
respondent is not present at the hearing, the respondent shall
relinquish the firearm within 48 hours after being served with the
order. A person ordered to relinquish any firearm pursuant
to this subdivision shall file with the court a receipt showing the
firearm was surrendered to the local law enforcement agency or sold
to a licensed gun dealer within 72 hours after receiving the order.
In the event that it is necessary to continue the date of any hearing
due to a request for a relinquishment order pursuant to this
section, the court shall ensure that all applicable protective orders
described in Section 6218 of the Family Code remain in effect or
bifurcate the issues and grant the permanent restraining order
pending the date of the hearing.
(c) A local law enforcement agency may charge the person subject
to the order or injunction a fee for the storage of any firearm
relinquished pursuant to this section. The fee shall not exceed the
actual cost incurred by the local law enforcement agency for the
storage of the firearm. For purposes of this subdivision, "actual
cost" means expenses directly related to taking possession of a
firearm, storing the firearm, and surrendering possession of the
firearm to a licensed dealer as defined in Section 12071 of the Penal
Code or to the person relinquishing the firearm.
(d) The restraining order requiring a person to relinquish a
firearm pursuant to subdivision (b) shall state on its face that the
respondent is prohibited from owning, possessing, purchasing, or
receiving a firearm while the protective order is in effect and that
the firearm shall be relinquished to the local law enforcement agency
for that jurisdiction or sold to a licensed gun dealer, and that
proof of surrender or sale shall be filed with the court within a
specified period of receipt of the order. The order shall also state
on its face the expiration date for relinquishment. Nothing in this
section shall limit a respondent's right under existing law to
petition the court at a later date for modification of the order.
(e) The restraining order requiring a person to relinquish a
firearm pursuant to subdivision (b) shall prohibit the person from
possessing or controlling any firearm for the duration of the order.
At the expiration of the order, the local law enforcement agency
shall return possession of any surrendered firearm to the respondent,
within five days after the expiration of the relinquishment order,
unless the local law enforcement agency determines that (1) the
firearm has been stolen, (2) the respondent is prohibited from
possessing a firearm because the respondent is in any prohibited
class for the possession of firearms, as defined in Sections 12021
and 12021.1 of the Penal Code and Sections 8100 and 8103 of the
Welfare and Institutions Code, or (3) another successive restraining
order is used against the respondent under this section. If the local
law enforcement agency determines that the respondent is the legal
owner of any firearm deposited with the local law enforcement agency
and is prohibited from possessing any firearm, the respondent shall
be entitled to sell or transfer the firearm to a licensed dealer as
defined in Section 12071 of the Penal Code. If the firearm has been
stolen, the firearm shall be restored to the lawful owner upon his or
her identification of the firearm and proof of ownership.
(f) The court may, as part of the relinquishment order, grant an
exemption from the relinquishment requirements of this section for a
particular firearm if the respondent can show that a particular
firearm is necessary as a condition of continued employment and that
the current employer is unable to reassign the respondent to another
position where a firearm is unnecessary. If an exemption is granted
pursuant to this subdivision, the order shall provide that the
firearm shall be in the physical possession of the respondent only
during scheduled work hours and during travel to and from his or her
place of employment. In any case involving a peace officer who as a
condition of employment and whose personal safety depends on the
ability to carry a firearm, a court may allow the peace officer to
continue to carry a firearm, either on duty or off duty, if the court
finds by a preponderance of the evidence that the officer does not
pose a threat of harm. Prior to making this finding, the court shall
require a mandatory psychological evaluation of the peace officer and
may require the peace officer to enter into counseling or other
remedial treatment program to deal with any propensity for domestic
violence.
(g) During the period of the relinquishment order, a respondent is
entitled to make one sale of all firearms that are in the possession
of a local law enforcement agency pursuant to this section. A
licensed gun dealer, who presents a local law enforcement agency with
a bill of sale indicating that all firearms owned by the respondent
that are in the possession of the local law enforcement agency have
been sold by the respondent to the licensed gun dealer, shall be
given possession of those firearms, at the location where a
respondent's firearms are stored, within five days of presenting the
local law enforcement agency with a bill of sale.
SEC. 3. Section 1276 of the Code of Civil Procedure is amended to
read:
1276. (a) All applications for change of names shall be made to
the superior court of the county where the person whose name is
proposed to be changed resides, except as specified in subdivision
(c) (e) , either (1) by petition signed
by the person or, if the person is under 18 years of age, either by
one of the person's parents, or by any guardian of the person, or if
both parents are dead and there is no guardian of the person, then by
some near relative or friend of the person or (2) as provided in
Section 7638 of the Family Code.
The petition or pleading shall specify the place of birth and
residence of the person, his or her present name, the name proposed,
and the reason for the change of name , and .
(b) In a proceeding for a change of
name commenced by the filing of a petition, if the person whose name
is to be changed is under 18 years of age, the petition shall,
if neither parent of the person has signed the petition, name, as far
as known to the person proposing the name change, the parents of the
person and their place of residence, if living, or if neither parent
is living, near relatives of the person, and their place of
residence.
(b)
(c) In an action a proceeding
for a change of name commenced by the filing of a petition
:
(1) If
, if the person whose name is proposed to be changed is
under 18 years of age and the petition is signed by only one parent,
the petition shall specify the address, if known, of the other parent
if living. If the petition is signed by a guardian, the petition
shall specify the name and address, if known, of the parent or
parents, if living, or the grandparents, if the addresses of both
parents are unknown or if both parents are deceased, of the person
whose name is proposed to be changed.
(2) If
(d) In a proceeding for a change of
name commenced by the filing of a petition, if the person whose
name is proposed to be changed is 12 years of age or over
older , has been relinquished to an adoption
agency by his or her parent or parents, and has not been legally
adopted, the petition shall be signed by the person and the adoption
agency to which the person was relinquished. The near relatives of
the person and their place of residence shall not be included in the
petition unless they are known to the person whose name is proposed
to be changed.
(c)
(e) All applications petitions
for the change of the name of a minor submitted by a guardian
appointed by the juvenile court or the probate court shall be made in
the appointing court.
(d)
(f) If the petition is signed by a guardian, the
petition shall specify relevant information regarding the
guardianship, the likelihood that the child will remain under the
guardian's care until the child reaches the age of majority ,
and information suggesting that the child will not likely be
returned to the custody of his or her parents.
SEC. 4. Section 1277 of the Code of Civil Procedure is amended to
read:
1277. (a) Where an action
If a proceeding for a change of name is
commenced by the filing of a petition, except as provided in
subdivisions (b) and (c) (e) , the court
shall thereupon make an order reciting the filing of the petition,
the name of the person by whom it is filed , and the name
proposed , and directing . The order shall
direct all persons interested in the matter to appear before
the court at a time and place specified, which shall be not less than
four six or more than eight
12 weeks from the time of making the order,
unless the court orders a different time, to show cause why
the application for change of name should not be granted. A
The order shall direct all persons interested in the
matter to make known any objection that they may have to the granting
of the petition for change of name by filing a written objection,
which includes the reasons for the o bjection, with the
court at least two court days before the matter is scheduled to be
heard and by appearing in court at the hearing to show cause why the
petition for change of name should not be granted. The order shall
state that, if no written objection is timely filed, the court may
grant the petition without a hearing.
A copy of the order to show cause shall be published
pursuant to Section 6064 of the Government Code in a newspaper of
general circulation to be designated in the order published in the
county. If no newspaper of general circulation is published in the
county, a copy of the order to show cause shall be posted by the
clerk of the court in three of the most public places in the county
in which the court is located, for a like period. Proof shall be made
to the satisfaction of the court of this publication or posting, at
the time of the hearing of the application.
Four weekly publications shall be sufficient publication of the
order to show cause. If the order is published in a daily newspaper,
publication once a week for four successive weeks shall be
sufficient.
Where
If a petition has been filed for a minor by a parent
and the other parent, if living, does not join in consenting thereto,
the petitioner shall cause, not less than 30 days prior to the
hearing, to be served notice of the time and place of the hearing or
a copy of the order to show cause on the other parent pursuant to
Section 413.10, 414.10, 415.10, or 415.40. If notice of the
hearing cannot reasonably be accomplishe d pursuant to
Section 415.10 or 415.40, the court may order that notice be given in
a manner that the court determines is reasonably calculated to give
actual notice to the nonconsenting parent. For good cause, the court
may determine that publication of the order to show cause pursuant to
this subdivision is sufficient notice to the nonconsenting parent.
(b) Where If the petition for a
change of name alleges that the reason for the petition is to avoid
domestic violence, as defined in Section 6211 of the Family Code, or
stalking, as defined in Section 646.9 of the Penal Code, and the
petitioner is a participant in the address confidentiality program
created pursuant to Chapter 3.1 (commencing with Section 6205) of
Division 7 of Title 1 of the Government Code, the petition, the order
of the court, and the copy published pursuant to subdivision (a)
shall, in lieu of reciting the proposed name, indicate that the
proposed name is confidential and will be on file with the Secretary
of State pursuant to the provisions of the address confidentiality
program.
(c) An action A proceeding for a
change of name for a witness participating in the state Witness
Protection Program established by Title 7.5 (commencing with Section
14020) of Part 4 of the Penal Code who has been approved for the
change of name by the program is exempt from the requirement for
publication of the order to show cause under subdivision (a).
(d) Where If application for change
of name is brought as part of an action under the Uniform Parentage
Act (Part 3 (commencing with Section 7600) of Division 12 of the
Family Code), whether as part of a petition or cross-complaint or as
a separate order to show cause in a pending action thereunder,
service of the application shall be made upon all other parties to
the action in a like manner as prescribed for the service of a
summons, as is set forth in Article 3 (commencing with Section
415.10) of Chapter 4 of Title 5 of Part 2. Upon the setting of a
hearing on the issue, notice of the hearing shall be given to all
parties in the action in a like manner and within the time limits
prescribed generally for the type of hearing (whether trial or order
to show cause) at which the issue of the change of name is to be
decided.
(e) Where If a guardian files a
petition to change the name of his or her minor ward pursuant to
Section 1276:
(1) The guardian shall provide notice of the hearing to any living
parent of the minor by personal service at least 30 days prior to
the hearing.
(2) If either or both parents are deceased or cannot be located,
the guardian shall cause, not less than 30 days prior to the hearing,
to be served a notice of the time and place of the hearing or a copy
of the order to show cause on the child's grandparents, if living,
pursuant to Section 413.10, 414.10, 415.10, or 415.40.
SEC. 5. Section 1278 of the Code of Civil Procedure is amended to
read:
1278. (a) Except as provided in subdivisions (c) and (d), the
petition or application shall be heard at the time
designated by the court, only if objections are filed by any person
who can, in those objections, show to the court good reason against
the change of name. At the hearing, the court may examine on oath any
of the petitioners, remonstrants, or other persons, touching the
petition or application, and may make an order changing
the name, or dismissing the petition or application, as to
the court may seem right and proper.
If no objection is filed at least two court days before the
date set for hearing, the court may, without hearing, enter the
order that the change of name is granted.
(b) Where If the provisions of
subdivision (b) of Section 1277 apply, the court shall not disclose
the proposed name unless the court finds by clear and convincing
evidence that the allegations of domestic violence or stalking in the
petition are false.
(c) Where If the
application for a change of name is brought as part of an action
under the Uniform Parentage Act (Part 3 (commencing with Section
7600) of Division 12 of the Family Code), the hearing on the issue of
the change of name shall be conducted pursuant to statutes and rules
of court governing those proceedings, whether the hearing is
conducted upon an order to show cause or upon trial.
(d) Where the application If the petition
for a change of name is filed by a guardian on behalf of a
minor ward, the court shall first find that the ward is likely to
remain in the guardian's care until the age of majority and that the
ward is not likely to be returned to the custody of his or her
parents. Upon making such those
findings, the court shall consider the petition and may grant the
petition only if it finds that the proposed name change is in the
best interest of the child.
SEC. 6. Section 1278.5 of the Code of Civil Procedure is amended
to read:
1278.5. In any proceeding pursuant to this title in which a
petition has been filed to change the name of a minor, and both
parents, if living, do not join in consenting thereto
consent , the court may deny the petition in
whole or in part if it finds that any portion of the proposed name
change is not in the best interest of the child.
SEC. 7. Section 1279.5 of the Code of Civil Procedure is amended
to read:
1279.5. (a) Except as provided in subdivision (b), (c), (d), or
(e), nothing in this title shall be construed to abrogate the common
law right of any person to change his or her name.
(b) Notwithstanding any other law, no person imprisoned in the
state prison and under the jurisdiction of the Director of
Corrections shall be allowed to file an application
a petition for change of name pursuant to
Section 1276, except as permitted at the discretion of the Director
of Corrections.
(c) A court shall deny an application a
petition for a name change pursuant to Section 1276 made by a
person who is under the jurisdiction of the Department of
Corrections, unless that person's parole agent or probation officer
grants prior written approval. Before granting that approval ,
the parole agent or probation officer shall determine that the
name change will not pose a security risk to the community.
(d) Notwithstanding any other law, a court shall deny an
application a petition for a name change
pursuant to Section 1276 made by a person who is required to register
as a sex offender under Section 290 of the Penal Code, unless the
court determines that it is in the best interest of justice to grant
the application petition and that doing
so will not adversely affect the public safety. If an
application a petition for a name change is
granted for an individual required to register as a sex offender, the
individual shall, within five working days, notify the chief of
police of the city in which he or she is domiciled, or the sheriff of
the county if he or she is domiciled in an unincorporated area, and
additionally , with the chief of police of a
campus of a University of California or California State University
if he or she is domiciled upon the campus or in any of its
facilities.
(e) For the purpose of this section, the court shall use the
California Law Enforcement Telecommunications System (CLETS) and
Criminal Justice Information System (CJIS) to determine whether or
not an applicant for a name change is under the jurisdiction of the
Department of Corrections or is required to register as a sex
offender pursuant to Section 290 of the Penal Code. Each person
applying for a name change shall declare under penalty of perjury
that he or she is not under the jurisdiction of the Department of
Corrections or is required to register as a sex offender pursuant to
Section 290 of the Penal Code. If a court is not equipped with CLETS
or CJIS, the clerk of the court shall contact an appropriate local
law enforcement agency , which shall determine whether or
not the applicant petitioner is under
the jurisdiction of the Department of Corrections or is required to
register as a sex offender pursuant to Section 290 of the Penal Code.
SEC. 8. Section 12585 of the Government Code is amended to read:
12585. (a) Every charitable corporation,
unincorporated association, and trustee subject to this article shall
file with the Attorney General a copy of the articles of
incorporation, or other instrument that governs the operation of the
corporation, unincorporated association, or trust an
initial registration form, under oath, setting forth information and
attaching documents prescribed in accordance with rules and
regulations of the Attorney General , within 30 days after the
corporation, unincorporated association, or trustee initially
receives property. A trustee is not required to register as long as
the charitable interest in a trust is a future interest, but shall do
so within 30 days after any charitable interest in a trust becomes a
present interest.
(b) The Attorney General shall adopt rules and regulations as to
the contents of the initial registration form and the manner of
executing and filing that document or documents.
SEC. 9. Section 12599 of the Government Code is amended to read:
12599. (a) "Commercial fundraiser for charitable purposes" means
any individual, corporation, unincorporated association, or other
legal entity who for compensation does any of the following:
(1) Solicits funds, assets, or property in this state for
charitable purposes.
(2) As a result of a solicitation of funds, assets, or property in
this state for charitable purposes, receives or controls the funds,
assets, or property solicited for charitable purposes.
(3) Employs, procures, or engages any compensated person to
solicit, receive, or control funds, assets, or property for
charitable purposes.
A commercial fundraiser for charitable purposes shall include any
person, association of persons, corporation, or other entity that
obtains a majority of its inventory for sale by the purchase,
receipt, or control for resale to the general public, of salvageable
personal property solicited by an organization qualified to solicit
donations pursuant to Section 148.3 of the Welfare and Institutions
Code.
A commercial fundraiser for charitable purposes shall not include
a "trustee" as defined in Section 12582 or 12583, a "charitable
corporation" as defined in Section 12582.1, or any employee thereof.
A commercial fundraiser for charitable purposes shall not include an
individual who is employed by or under the control of a commercial
fundraiser for charitable purposes registered with the Attorney
General. A commercial fundraiser for charitable purposes shall not
include any federally insured financial institution that holds as a
depository funds received as a result of a solicitation for
charitable purposes.
As used in this section, "charitable purposes" includes any
solicitation in which the name of any organization of law enforcement
personnel, firefighters, or other persons who protect the public
safety is used or referred to as an inducement for transferring any
funds, assets, or property, unless the only expressed or implied
purpose of the solicitation is for the sole benefit of the actual
active membership of the organization.
(b) A commercial fundraiser for charitable purposes shall, prior
to soliciting any funds, assets, or property, including salvageable
personal property, in California for charitable purposes, or prior to
receiving and controlling any funds, assets, or property, including
salvageable personal property, as a result of a solicitation in this
state for charitable purposes, register with the Attorney General's
Registry of Charitable Trusts on a registration form provided by the
Attorney General. Renewals of registration shall be filed with the
Registry of Charitable Trusts by January 15 of each calendar year in
which the commercial fundraiser for charitable purposes does business
and shall be effective for one year. A registration or renewal fee
of two hundred dollars ($200) shall be required for registration of a
commercial fundraiser for charitable purposes, and shall be payable
by certified or cashier's check to the Attorney General's Registry of
Charitable Trusts at the time of registration or renewal. The
Attorney General may adjust the annual registration or renewal fee
, or means of payment, as needed pursuant to this section.
The Attorney General's Registry of Charitable Trusts may grant
extensions of time to file annual registration as required, pursuant
to subdivision (b) of Section 12586.
(c) A commercial fundraiser for charitable purposes shall file
with the Attorney General's Registry of Charitable Trusts an annual
financial report on a form provided by the Attorney General,
accounting for all funds collected pursuant to any solicitation for
charitable purposes during the preceding calendar year. The annual
financial report shall be filed with the Attorney General's Registry
of Charitable Trusts no later than 30 days after the close of the
preceding calendar year.
(d) The contents of the forms for annual registration and annual
financial reporting by commercial fundraisers for charitable purposes
shall be established by the Attorney General in a manner consistent
with the procedures set forth in subdivisions (a) and (b) of Section
12586. The annual financial report shall require a detailed, itemized
accounting of funds, assets, or property, solicited for charitable
purposes on behalf of each charitable organization exempt from
taxation under Section 501(c)(3) of the Internal Revenue Code or for
each charitable purpose during the accounting period, and shall
include, among other data, the following information for funds,
assets, or property, solicited by the commercial fundraiser for
charitable purposes:
(1) Total revenue.
(2) The fee or commission charged by the commercial fundraiser for
charitable purposes.
(3) Salaries paid by the commercial fundraiser for charitable
purposes to its officers and employees.
(4) Fundraising expenses.
(5) Distributions to the identified charitable organization or
purpose.
(6) The names and addresses of any director, officer, or employee
of the commercial fundraiser for charitable purposes who is a
director, officer, or employee of any charitable organization listed
in the annual financial report.
(e) A commercial fundraiser for charitable purposes that obtains a
majority of its inventory for sale by the purchase, receipt, or
control for resale to the general public, of salvageable personal
property solicited by an organization qualified to solicit donations
pursuant to Section 148.3 of the Welfare and Institutions Code shall
file with the Attorney General's Registry of Charitable Trusts, and
not with the sheriff of any county, an annual financial report on a
form provided by the Attorney General that is separate and distinct
from forms filed by other commercial fundraisers for charitable
purposes pursuant to subdivisions (c) and (d).
(f) It shall be unlawful for any commercial fundraiser for
charitable purposes to solicit funds in this state for charitable
purposes unless the commercial fundraiser for charitable purposes has
complied with the registration or annual renewal and financial
reporting requirements of this article. Failure to comply with these
registration or annual renewal and financial reporting requirements
shall be grounds for injunction against solicitation in this state
for charitable purposes and other civil remedies provided by law.
(g) A commercial fundraiser for charitable purposes is a
constructive trustee for charitable purposes as to all funds
collected pursuant to solicitation for charitable purposes and shall
account to the Attorney General for all funds. A commercial
fundraiser for charitable purposes is subject to the Attorney General'
s supervision and enforcement over charitable funds and assets to the
same extent as a trustee for charitable purposes under this article.
(h) Not less than 10 working days prior to the commencement of
each solicitation campaign, event, or service, or not later than
commencement of solicitation for solicitations to aid victims of
emergency hardship or disasters, a commercial fundraiser for
charitable purposes shall file with the Attorney General's Registry
of Charitable Trusts a notice on a form prescribed by the Attorney
General that sets forth all of the following:
(1) The name, address, and telephone number of the commercial
fundraiser for charitable purposes.
(2) The name, address, and telephone number of the charitable
organization with whom the commercial fundraiser has contracted.
(3) The fundraising methods to be used.
(4) The projected dates when performance under the contract will
commence and terminate.
(5) The name, address, and telephone number of the person
responsible for directing and supervising the work of the commercial
fundraiser under the contract.
(i) There shall be a written contract between a commercial
fundraiser for charitable purposes and a charitable organization for
each solicitation campaign, event, or service, that shall be signed
by the authorized contracting officer for the commercial fundraiser
and by an official of the charitable organization who is authorized
to sign by the organization's governing body. The contract shall be
available for inspection by the Attorney General and shall contain
all of the following provisions:
(1) The legal name and address of the charitable organization as
registered with the Registry of Charitable Trusts, unless the
charitable organization is exempt from registration.
(2) A statement of the charitable purpose for which the
solicitation campaign, event, or service is being conducted.
(3) A statement of the respective obligations of the commercial
fundraiser and the charitable organization.
(4) If the commercial fundraiser is to be paid a fixed fee, a
statement of the fee to be paid to the commercial fundraiser and a
good faith estimate of what percentage the fee will constitute of the
total contributions received. The contract shall clearly disclose
the assumptions upon which the estimate is based, and the stated
assumptions shall be based upon all of the relevant facts known to
the commercial fundraiser regarding the solicitation to be conducted
by the commercial fundraiser.
(5) If a percentage fee is to be paid to the commercial
fundraiser, a statement of the percentage of the total contributions
received that will be remitted to or retained by the charitable
organization, or, if the solicitation involves the sale of goods or
services or the sale of admissions to a fundraising event, the
percentage of the purchase price that will be remitted to the
charitable organization. The stated percentage shall be calculated by
subtracting from contributions received and sales receipts not only
the commercial fundraiser's fee, but also any additional amounts that
the charitable organization is obligated to pay as fundraising
costs.
(6) The effective and termination dates of the contract and the
date solicitation activity is to commence within the state.
(7) A provision that requires that each contribution in the
control or custody of the commercial fundraiser shall in its entirety
and within five working days of its receipt comply with either of
the following:
(A) Be deposited in an account at a bank or other federally
insured financial institution that is solely in the name of the
charitable organization and over which the charitable organization
has sole control of withdrawals.
(B) Be delivered to the charitable organization in person, by
United States express mail, or by another method of delivery
providing for overnight delivery.
(8) A statement that the charitable organization exercises control
and approval over the content and frequency of any solicitation.
(9) If the commercial fundraiser proposes to make any payment in
cash or in kind to any person or legal entity to secure any person's
attendance at, or sponsorship, approval, or endorsement of, a charity
fundraising event, the maximum dollar amount of those payments shall
be set forth in the contract. "Charity fundraising event" means any
gathering of persons, including, but not limited to, a party,
banquet, concert, or show, that is held for the purpose or claimed
purpose of raising funds for any charitable purpose or organization.
(10) A provision that the includes all of
the following state ments:
(A) The charitable organization
has the right to cancel the contract without cost, penalty, or
liability for a period of 10 days following the date on which the
contract is executed ; that the .
(B) The charitable organization
may cancel the contract by serving a written notice of cancellation
on the commercial fundraiser ; that, if .
(C) If mailed, service shall be
by certified mail, return receipt requested, and cancellation shall
be deemed effective upon the expiration of five calendar days from
the date of mailing ; that any .
(D) Any funds collected after
effective notice that the contract has been canceled shall be deemed
to be held in trust for the benefit of the charitable organization
without deduction for costs or expenses of any nature ; and
that the .
(E) The charitable organization
shall be entitled to recover all funds collected after the date of
cancellation.
(11) A provision that , following includes
all of the following statements:
(A) Following the initial 10-day
cancellation period, the charitable organization may terminate the
contract by giving 30 days' written notice ; that, if
.
(B) If mailed, service of the
notice shall be by certified mail, return receipt requested, and
shall be deemed effective upon the expiration of five calendar days
from the date of mailing ; and that, in .
(C) In the event of termination
under this subdivision, the charitable organization shall be liable
for services provided by the commercial fundraiser up to 30 days
after the effective service of the notice.
(12) A provision that, following the initial 10-day cancellation
period, the charitable organization may terminate the contract at any
time upon written notice, without payment or compensation of any
kind to the commercial fundraiser, if the commercial fundraiser or
its agents, employees, or representatives (A) make
do any of the fo llowing:
(A) Make any material
misrepresentations in the course of solicitations or with respect to
the charitable organization , (B) are .
(B) Are found by the charitable
organization to have been convicted of a crime arising from the
conduct of a solicitation for a charitable organization or purpose
punishable as a misdemeanor or a felony , or (C) otherwise
.
(C) Otherwise conduct fundraising
activities in a manner that causes or could cause public
disparagement of the charitable organization's good name or good
will.
(13) Any other information required by the regulations of the
Attorney General.
(j) It shall be unlawful for a commercial fundraiser for
charitable purposes to not disclose the percentage of total
fundraising expenses of the fundraiser upon receiving a written or
oral request from a person solicited for a contribution for a
charitable purpose. "Percentage of total fundraising expenses," as
used in this section, means the ratio of the total expenses of the
fundraiser to the total revenue received by the fundraiser for the
charitable purpose for which funds are being solicited, as reported
on the most recent financial report filed with the Attorney General's
Registry of Charitable Trusts. A commercial fundraiser shall
disclose this information in writing within five working days from
receipt of a request by mail or facsimile. A commercial fundraiser
shall orally disclose this information immediately upon a request
made in person or in a telephone conversation and shall follow this
response with a written disclosure within five working days. Failure
to comply with the requirements of this subdivision shall be grounds
for an injunction against solicitation in this state for charitable
purposes and other civil remedies provided by law.
(k) If the Attorney General issues a report to the public
containing information obtained from registration forms or financial
report forms filed by commercial fundraisers for charitable purposes,
there shall be a separate section concerning commercial fundraisers
for charitable purposes that obtain a majority of their inventory for
sale by the purchase, receipt, or control for resale to the general
public, of salvageable personal property solicited by an organization
qualified to solicit donations pursuant to Section 148.3 of the
Welfare and Institutions Code. The report shall include an
explanation of the distinctions between these thrift store operations
and other types of commercial fundraising.
(l) No person may act as a commercial fundraiser for charitable
purposes if that person, any officer or director of that person's
business, any person with a controlling interest in the business, or
any person the commercial fundraiser employs, engages, or procures to
solicit for compensation, has been convicted by a court of any state
or the United States of a crime arising from the conduct of a
solicitation for a charitable organization or purpose punishable as a
misdemeanor or felony.
(m) A commercial fundraiser for charitable purposes shall not
solicit in the state on behalf of a charitable organization unless
that charitable organization is registered or is exempt from
registration with the Attorney General's Registry of Charitable
Trusts.
(n) If any provision of this section or the application thereof to
any person or circumstances is held invalid, that invalidity shall
not affect any other provision or application of this section that
can be given effect without the invalid provision or application, and
to this end the provisions of this section are severable.
SEC. 10. Section 12599.1 of the Government Code is amended to
read:
12599.1. (a) "Fundraising counsel for charitable purposes" is
defined as any individual, corporation, unincorporated association,
or other legal entity who is described by all of the following:
(1) For compensation plans, manages, advises, counsels, consults,
or prepares material for, or with respect to, the solicitation in
this state of funds, assets, or property for charitable purposes.
(2) Does not solicit funds, assets, or property for charitable
purposes.
(3) Does not receive or control funds, assets, or property
solicited for charitable purposes in this state.
(4) Does not employ, procure, or engage any compensated person to
solicit, receive, or control funds, assets, or property for
charitable purposes.
(b) "Fundraising counsel for charitable purposes" does not include
any of the following:
(1) An attorney, investment counselor, or banker who in the
conduct of that person's profession advises a client when actually
engaged in the giving of legal, investment, or financial advice.
(2) A trustee as defined in Section 12582 or 12583.
(3) A charitable corporation as defined in Section 12582.1, or any
employee thereof.
(4) A person employed by or under the control of a fundraising
counsel for charitable purposes, as defined in subdivision (a).
(5) A person, corporation, or other legal entity, engaged as an
independent contractor directly by a trustee or a charitable
corporation, that prints, reproduces, or distributes written
materials prepared by a trustee, a charitable corporation, or any
employee thereof, or that performs artistic or graphic services with
respect to written materials prepared by a trustee, a charitable
corporation, or any employee thereof, provided that the independent
contractor does not perform any of the activities described in
paragraph (1) of subdivision (a).
(6) A person whose total annual gross compensation for performing
any activity described in paragraph (1) of subdivision (a) does not
exceed twenty-five thousand dollars ($25,000).
(c) A fundraising counsel for charitable purposes shall, prior to
managing, advising, counseling, consulting, or preparing material
for, or with respect to, the solicitation in this state of funds,
assets, or property for charitable purposes, register with the
Attorney General's Registry of Charitable Trusts on a registration
form provided by the Attorney General. Renewals of registration shall
be filed with the Registry of Charitable Trusts by January 15 of
each calendar year in which the fundraising counsel for charitable
purposes does business and shall be effective for one year.
A registration or renewal fee of two hundred dollars ($200) shall
be required for registration of a fundraising counsel for charitable
purposes, and shall be payable by certified or cashier's check to the
Attorney General's Registry of Charitable Trusts at the time of
registration and renewal. The Attorney General may adjust the annual
registration or renewal fee , or means of payment,
as needed pursuant to this section. The Attorney General's
Registry of Charitable Trusts may grant extensions of time to file
annual registration as required, pursuant to subdivision (b) of
Section 12586.
(d) A fundraising counsel for charitable purposes shall file
annually with the Attorney General's Registry of Charitable Trusts on
a form provided by the Attorney General, a report listing each
person, corporation, unincorporated association, or other legal
entity for whom the fundraising counsel has performed any services
described in paragraph (1) of subdivision (a), and a statement
certifying that the fundraising counsel had a written contract with
each listed person, corporation, unincorporated association, or other
legal entity that complied with the requirements of subdivision (f).
(e) Not less than 10 working days prior to the commencement of the
performance of any service for a charitable organization by a
fundraising counsel for charitable purposes, or not later than
commencement of solicitation for solicitations to aid victims of
emergency hardship or disasters, the fundraising counsel shall file
with the Attorney General's Registry of Charitable Trusts a notice on
a form prescribed by the Attorney General that sets forth all of the
following:
(1) The name, address, and telephone number of the fundraising
counsel for charitable purposes.
(2) The name, address, and telephone number of the charitable
organization with whom the fundraising counsel has contracted.
(3) The projected dates when performance under the contract will
commence and terminate.
(4) The name, address, and telephone number of the person
responsible for directing and supervising the work of the fundraising
counsel under the contract.
(f) There shall be a written contract between a fundraising
counsel for charitable purposes and a charitable organization for
each service to be performed by the fundraising counsel for the
charitable organization, that shall be signed by the authorized
contracting officer for the fundraising counsel and by an official of
the charitable organization who is authorized to sign by the
organization's governing body. The contract shall be available for
inspection by the Attorney General and shall contain all of the
following provisions:
(1) The legal name and address of the charitable organization as
registered with the Registry of Charitable Trusts unless the
charitable organization is exempt from registration.
(2) A statement of the charitable purpose for which the
solicitation campaign is being conducted.
(3) A statement of the respective obligations of the fundraising
counsel and the charitable organization.
(4) A clear statement of the fees and any other form of
compensation, including commissions and property, that will be paid
to the fundraising counsel.
(5) The effective and termination dates of the contract and the
date services will commence with respect to solicitation in this
state of contributions for a charitable organization.
(6) A statement that the fundraising counsel will not at any time
solicit funds, assets, or property for charitable purposes, receive
or control funds, assets, or property solicited for charitable
purposes, or employ, procure, or engage any compensated person to
solicit, receive, or control funds, assets, or property for
charitable purposes.
(7) A statement that the charitable organization exercises control
and approval over the content and frequency of any solicitation.
(8) A provision that the includes all of
the following statements:
(A) The charitable organization
has the right to cancel the contract without cost, penalty, or
liability for a period of 10 days following the date on which the
contract is executed ; that the charitable .
(B) The charitable organization
may cancel the contract by serving a written notice of cancellation
on the fundraising counsel ; and that, if .
(C) If mailed, service shall be
by certified mail, return receipt requested, and cancellation shall
be deemed effective upon the expiration of five calendar days from
the date of mailing.
(9) A provision that , following includes
all of the following statements:
(A) Following the initial 10-day
cancellation period, the charitable organization may terminate the
contract by giving 30 days' written notice ; that, if
.
(B) If mailed, service of the
notice shall be by certified mail, return receipt requested, and
shall be deemed effective upon the expiration of five calendar days
from the date of mailing ; and that, in .
(C) In the event of termination
under this subdivision, the charitable organization shall be liable
for services provided by the fundraising counsel to the effective
date of the termination.
(10) Any other information required by the regulations of the
Attorney General.
(g) It shall be unlawful for any fundraising counsel for
charitable purposes to manage, advise, counsel, consult, or prepare
material for, or with respect to, the solicitation in this state of
funds, assets, or property for charitable purposes unless the
fundraising counsel for charitable purposes has complied with the
registration or annual renewal and financial reporting requirements
of this article.
(h) A fundraising counsel for charitable purposes is subject to
the Attorney General's supervision and enforcement to the same extent
as a trustee for charitable purposes under this article.
(i) If any provision of this section or the application thereof to
any person or circumstances is held invalid, that invalidity shall
not affect other provisions or application of this section which can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.
SEC. 11. Section 12599.2 of the Government Code is amended to
read:
12599.2. (a) "Commercial coventurer" is defined as any person
who, for profit, is regularly and primarily engaged in trade or
commerce other than in connection with the raising of funds, assets,
or property for charitable organizations or charitable purposes, and
who represents to the public that the purchase or use of any goods,
services, entertainment, or any other thing of value will benefit a
charitable organization or will be used for a charitable purpose.
(b) A commercial coventurer is a trustee as defined in Section
12582. Notwithstanding the requirements of Sections 12585 and 12586,
a commercial coventurer is not required to register or file periodic
reports with the Attorney General provided that the commercial
coventurer:
(1) Has a written contract with a trustee or charitable
corporation subject to this article, signed by two officers of the
trustee or charitable corporation, prior to representing to the
public that the purchase or use of any goods, services,
entertainment, or any other thing of value will benefit the trustee
or charitable corporation or will be used for a charitable purpose.
(2) Within 90 days after commencement of those representations,
and at the end of each successive 90-day period during which the
representations are made, transfers to that trustee or charitable
corporation subject to this article all funds, assets, or property
received as a result of the representations.
(3) Provides in conjunction with each transfer required by
paragraph (2) a written accounting to the trustee or charitable
corporation subject to this article of all funds, assets, or property
received sufficient to enable the trustee or charitable corporation
(A) to determine that representations made to the public on its
behalf have been adhered to accurately and completely, and (B) to
prepare its periodic report filed with the Attorney General pursuant
to Section 12586.
(c) A commercial coventurer that does not meet the requirements of
paragraphs (1), (2), and (3) of subdivision (b) shall register and
report to the Attorney General on forms required by the Attorney
General. An annual registration or renewal fee of two hundred dollars
($200) shall be required for registration or renewal of registration
of a commercial coventurer, and shall be payable by certified or
cashier's check to the Attorney General's Registry of Charitable
Trusts at the time of registration or renewal. The Attorney General
may adjust the annual registration or renewal fee ,
or means of payment, as needed pursuant to this section.
SEC. 12. Section 959.1 of the Penal Code is amended to read:
959.1. (a) Notwithstanding Sections 740, 806, 949, and 959 or any
other provision of the law to the contrary, a
criminal prosecution may be commenced by filing an accusatory
pleading in electronic form with the magistrate or in a court having
authority to receive it.
(b) As used in this section, accusatory pleadings include, but are
not limited to, the complaint, the information, and the
indictment , and any citation or notice to appear issued on a
form approved by the Judicial Council .
(c) A magistrate or court is authorized to receive and file an
accusatory pleading in electronic form if all of the following
conditions are met:
(1) The accusatory pleading is issued in the name of, and
transmitted by, a public prosecutor or law enforcement agency filing
pursuant to Chapter 5c (commencing with Section 853.5) or Chapter 5d
(commencing with Section 853.9), or by a clerk of the court with
respect to complaints issued for the offenses of failure to appear,
pay a fine, or comply with an order of the court.
(2) The magistrate or court has the facility to electronically
store the accusatory pleading for the statutory period of record
retention.
(3) The magistrate or court has the ability to reproduce the
accusatory pleading in physical form upon demand and payment of any
costs involved.
An accusatory pleading shall be deemed to have been filed when it
has been received by the magistrate or court.
When transmitted in electronic form, the accusatory pleading shall
be exempt from any requirement that it be subscribed by a natural
person. It is sufficient to satisfy any requirement that an
accusatory pleading, or any part of it, be sworn to before an officer
entitled to administer oaths, if the pleading, or any part of it,
was in fact sworn to and the electronic form indicates which parts of
the pleading were sworn to and the name of the officer who
administered the oath.
(4)
(d) Notwithstanding any other provision of
law, a notice of parking violation or a
notice to appear issued on a form approved by the Judicial
Council may be received and filed by a court in
electronic form, if the following conditions are met:
(A)
(1) The notice of parking violation
to appear is issued and transmitted by a law enforcement
agency prosecuting pursuant to Article 3 (commencing with
Section 40200) of Chapter 5c (commencing with Section
853.5) or Chapter 5d (commencing with Section 853.9) of Title 3 of
Part 2 of this code, or Chapter 1 2
(commencing with Section 40300) of Division 17 of the Vehicle
Code.
(B)
(2) The court has the all of
the following:
(A) The ability to receive the notice
to appear in electronic format.
(B) The facility to
electronically store an electronic copy and the data
elements of the notice of parking violation
to appear for the
statutory period of record retention and to produce those
.
(C) T he ability to reproduce
the electronic copy of the notice to appear and those data
elements in printed form upon demand and payment of any costs
involved.
(C)
(3) The issuing agency has the ability to reproduce the
notice of parking violation to appear
in physical form upon demand and payment of any costs involved
, as provided in Section 40206.5 of the Vehicle Code
.
(e) A notice to appear that is received under subdivision (d) is
deemed to have been filed when it has been accepted by the court and
is in the form approved by the Judicial Council.
(f) If transmitted in electronic form, the notice to appear is
deemed to have been signed by the defendant if it includes a
digitized facsimile of the defendant's signature on the notice to
appear. A notice to appear filed electronically under subdivision (d)
need not be subscribed by the citing officer. An electronically
submitted notice to appear need not be verified by the citing officer
with a declaration under penalty of perjury if the electronic form
indicates which parts of the notice are verified by that declaration
and the name of the officer making the declaration.
SEC. 13. Section 15657.03 of the Welfare and Institutions Code is
amended to read:
15657.03. (a) An elder or dependent adult who has suffered abuse
as defined in Section 15610.07 may seek protective orders as provided
in this section.
(b) For the purposes of this section, "protective order" means an
order that includes any of the following restraining orders, whether
issued ex parte, after notice and hearing, or in a judgment:
(1) An order enjoining a party from abusing, intimidating,
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, harassing, telephoning, including, but not
limited to, annoying telephone calls as described in Section 653m of
the Penal Code, destroying personal property, contacting, either
directly or indirectly, by mail or otherwise, or coming within a
specified distance of, or disturbing the peace of the petitioner.
(2) An order excluding a party from the petitioner's residence or
dwelling, except that this order shall not be issued if legal or
equitable title to, or lease of, the residence or dwelling is in the
sole name of the party to be excluded , or is in the name
of the party to be excluded and any other party besides the
petitioner.
(3) An order enjoining a party from specified behavior that the
court determines is necessary to effectuate orders described in
paragraph (1) or (2).
(c) An order may be issued under this section, with or without
notice, to restrain any person for the purpose of preventing a
recurrence of abuse, if an affidavit shows, to the satisfaction of
the court, reasonable proof of a past act or acts of abuse of the
petitioning elder or dependent adult.
(d) (1) Upon filing a petition for protective orders under this
section, the petitioner may obtain a temporary restraining order in
accordance with Section 527 of the Code of Civil Procedure, except to
the extent this section provides a rule that is inconsistent. The
temporary restraining order may include any of the protective orders
described in subdivision (b). However, the court may issue an ex
parte order excluding a party from the petitioner's residence or
dwelling only on a showing of all of the following:
(A) Facts sufficient for the court to ascertain that the party who
will stay in the dwelling has a right under color of law to
possession of the premises.
(B) That the party to be excluded has assaulted or threatens to
assault the petitioner.
(C) That physical or emotional harm would otherwise result to the
petitioner.
(2) If a temporary restraining order is granted without notice,
the matter shall be made returnable on an order requiring cause to be
shown why a permanent order should not be granted, on the earliest
day that the business of the court will permit, but not later than 20
days or, if good cause appears to the court, 25 days from the date
the temporary restraining order is granted, unless the order is
otherwise modified or terminated by the court.
(e) The court may issue, upon notice and a hearing, any of the
orders set forth in subdivision (b). The court may issue, after
notice and hearing, an order excluding a person from a residence or
dwelling if the court finds that physical or emotional harm would
otherwise result to the other party.
(f) In the discretion of the court, an order issued after notice
and a hearing under this section may have a duration of not more than
three years, subject to termination or modification by further order
of the court either on written stipulation filed with the court or
on the motion of a party. These orders may be renewed upon the
request of a party, either for three years or permanently, without a
showing of any further abuse since the issuance of the original
order, subject to termination or modification by further order of the
court either on written stipulation filed with the court or on the
motion of a party. The failure to state the expiration date on the
face of the form creates an order with a duration of three years from
the date of issuance.
(g) Upon the filing of a petition for protective orders under this
section, the respondent shall be personally served with a copy of
the petition, notice of the hearing or order to show cause, temporary
restraining order, if any, and any affidavits in support of the
petition. Service shall be made at least two
five days before the hearing. The court may, on motion of the
petitioner or on its own motion, shorten the time for service on the
respondent.
(h) The court may, upon the filing of an affidavit by the
applicant that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent. The reissued order
shall be made returnable on the earliest day that the business of
the court will permit, but not later than 20 days or, if good cause
appears to the court, 25 days from the date of reissuance. The
reissued order shall state on its face the date of expiration of the
order.
(i) (1) If the person named in a temporary restraining order is
personally served with the order and notice of hearing with respect
to a restraining order or protective order based thereon, but the
person does not appear at the hearing, either personally or by
counsel, and the terms and conditions of the restraining order or
protective order , are identical to the temporary
restraining order, except for the duration of the order, then the
restraining order or protective order may be served on the person by
first-class mail sent to that person at the most current address for
the person available to the court.
(2) The judicial form for orders issued pursuant to this
subdivision shall contain a statement in substantially the following
form: the following form:ial form for orders issued pursuant to this
subdivision shall contain a statement in substan PERSONALLY PRESENT
AT THE HEARING WHERE THE ORDER WAS ISSUED. IF YOU HAVE BEEN
PERSONALLY SERVED WITH A TEMPORARY RESTRAINING ORDER OR EMERGENCY
PROTECTIVE ORDER AND NOTICE OF HEARING, BUT YOU DO NOT APPEAR AT THE
HEARING EITHER IN PERSON OR BY COUNSEL, AND A RESTRAINING ORDER OR
PROTECTIVE ORDER IS ISSUED AT THE HEARING THAT DOES NOT DIFFER FROM
THE PRIOR TEMPORARY RESTRAINING ORDER OR EMERGENCY PROTECTIVE ORDER,
A COPY OF THE ORDER WILL BE SERVED UPON YOU BY MAIL AT THE FOLLOWING
ADDRESS ____. IF THAT ADDRESS IS NOT CORRECT OR YOU WISH TO VERIFY
THAT THE TEMPORARY OR EMERGENCY ORDER WAS MADE PERMANENT WITHOUT
SUBSTANTIVE CHANGE, CALL THE CLERK OF THE COURT AT ____."
(j) (1) The court shall order the petitioner or the attorney for
the petitioner to deliver, or the clerk of the court to mail, a copy
of an order issued under this section, or a reissuance, extension,
modification, or termination of the order, and any subsequent proof
of service, by the close of the business day on which the order,
reissuance, extension, modification, or termination was made, to each
local law enforcement agency designated by the petitioner or the
attorney for the petitioner having jurisdiction over the residence of
the petitioner, and to any additional law enforcement agencies
within the court's discretion as are requested by the petitioner.
Each appropriate law enforcement agency shall make available
information as to the existence and current status of these orders to
law enforcement officers responding to the scene of reported abuse.
(2) An order issued under this section shall, on request of the
petitioner, be served on the respondent, whether or not the
respondent has been taken into custody, by any law enforcement
officer who is present at the scene of reported abuse involving the
parties to the proceeding. The petitioner shall provide the officer
with an endorsed copy of the order and a proof of service ,
which the officer shall complete and send to the issuing court.
(3) Upon receiving information at the scene of an incident of
abuse that a protective order has been issued under this section, or
that a person who has been taken into custody is the respondent to
that order, if the protected person cannot produce an endorsed copy
of the order, a law enforcement officer shall immediately attempt to
verify the existence of the order.
(4) If the law enforcement officer determines that a protective
order has been issued, but not served, the officer shall immediately
notify the respondent of the terms of the order and where a written
copy of the order can be obtained , and the officer shall
at that time also enforce the order. The law enforcement officer's
verbal notice of the terms of the order shall constitute service of
the order and is sufficient notice for the purposes of this section
and for the purposes of Section 273.6 of the Penal Code.
(k) Nothing in this section shall preclude either party from
representation by private counsel or from appearing on the party's
own behalf.
(l) There is no filing fee for a petition, response, or paper
seeking the reissuance, modification, or enforcement of a protective
order filed in a proceeding brought pursuant to this section.
(m) (1) Fees otherwise payable by a petitioner to a law
enforcement agency for serving an order issued under this section may
be waived in any case in which the petitioner has requested a fee
waiver on the initiating petition and has filed a declaration that
demonstrates, to the satisfaction of the court, the financial need of
the petitioner for the fee waiver. The declaration required by this
subdivision shall be on one of the following forms:
(A) The form formulated and adopted by the Judicial Council for
litigants proceeding in forma pauperis pursuant to Section 68511.3 of
the Government Code, but the petitioner is not subject to any other
requirements of litigants proceeding in forma pauperis.
(B) Any other form that the Judicial Council may adopt for this
purpose pursuant to subdivision (r).
(2) In conjunction with a hearing pursuant to this section, the
court may make an order for the waiver of fees otherwise payable by
the petitioner to a law enforcement agency for serving an order
issued under this section.
(n) The prevailing party in any action brought under this section
may be awarded court costs and attorney's fees, if any.
(o) (1) An order issued pursuant to this section shall prohibit
the person subject to it from owning, possessing, purchasing,
receiving, or attempting to purchase or receive, a firearm.
(2) Paragraph (1) shall not apply to a case consisting solely of
financial abuse unaccompanied by force, threat, harassment,
intimidation, or any other form of abuse.
(3) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9 of the Code of Civil
Procedure.
(4) Every person who owns, possesses, purchases, or receives, or
attempts to purchase or receive a firearm while the protective order
is in effect is punishable pursuant to subdivision (g) of Section
12021 of the Penal Code.
(p) Any willful disobedience of any temporary restraining order or
restraining order after hearing granted under this section is
punishable pursuant to Section 273.6 of the Penal Code.
(q) This section does not apply to any action or proceeding
covered by Title 1.6C (commencing with Section 1788) of Part 4
of Division 3 of the Civil Code, by Chapter 3 (commencing with
Section 525) of Title 7 of Part 2 of the Code of Civil
Procedure, or by Division 10 (commencing with Section 6200) of the
Family Code. Nothing in this section shall preclude a petitioner's
right to use other existing civil remedies.
(r) The Judicial Council shall promulgate forms and instructions
therefor, rules for service of process, scheduling of hearings, and
any other matters required by this section. The petition and response
forms shall be simple and concise.
SEC. 14. It is the intent of the Legislature that effective
self-help services be made available to assist self-represented
parties in civil matters in every county. The Administrative Office
of the Courts shall expend all funds allocated for services to assist
self-represented litigants so as to provide services in all civil
cases in proportion to the number of self-represented parties in each
county. In the allocation of funds for new or augmented services,
priority shall be given to rural and other underserved areas and to
the provision of court-based services, supervised by an attorney, and
coordinated with other legal service providers in the community,
including, but not limited to, qualified legal service providers, pro
bono legal service projects, and local bar association referral
services, allowing assessment of the legal needs and provision of
referral information, as appropriate.