BILL NUMBER: AB 375	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 23, 2009

INTRODUCED BY   Assembly Member Nielsen

                        FEBRUARY 23, 2009

   An act to amend Section 3064 of the Family Code, relating to child
custody.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 375, as amended, Nielsen. Child custody: child sexual abuse.
   Existing law requires the court to refrain from making an order
granting or modifying a custody order on an ex parte basis unless
there has been a showing of immediate harm to the child or immediate
risk that the child will be removed from the State of California. For
purposes of this provision, immediate harm to the child includes,
but is not limited to, having a parent who has committed acts of
domestic violence, or the sexual abuse of the child, where the court
determines that the acts of domestic violence or of sexual abuse are
of recent origin or are a part of a demonstrated and continuing
pattern of those respective acts.
   This bill would prohibit  , unless there is the specific
showing described above, a court from granting a request to
modify a child custody order on an ex parte basis if there is
 evidence of   a finding that there has been
 sexual abuse of, or domestic violence against, the child, if
the court determines that the act of sexual abuse or domestic
violence is of recent origin, or part of a demonstrated and
continuing  or escalating  pattern of acts of sexual abuse
 of,  or domestic violence  against, the child  ,
and if the request for modification of the custody order is made by a
person who is alleged to have perpetrated a recent act or a pattern
of acts of sexual abuse of, or domestic violence against, the child
and it is alleged that the person is seeking the modification in
order to gain greater access to the child. Under those circumstances,
a hearing regarding modification of the custody order would be
conducted in open court.  The bill would also define  
"recent origin," for purposes of these provisions, to apply to acts
occurring within the previous 5 years. 
   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 3064 of the Family Code is amended to read:
   3064.  (a) The court shall refrain from making an order granting
or modifying a custody order on an ex parte basis unless there has
been a showing of immediate harm to the child or immediate risk that
the child will be removed from the State of California.
   (b) (1)  The   Unless there is a showing of
immediate harm to the child or immediate risk that the child will be
removed from the State of California, the  court may not grant a
request to modify a custody order on an ex parte basis if all of the
following apply:
   (A) There is  evidence of   a finding that
there has been  sexual abuse of, or domestic violence against,
the child.
   (B) The court determines that the act of sexual abuse or domestic
violence is of recent origin, or part of a demonstrated and
continuing  or escalating  pattern of acts of sexual abuse
 of,  or domestic violence  against, the child  .
   (C) The request for modification of the custody order is made by a
person who is alleged to have perpetrated a recent act or a pattern
of acts of sexual abuse of, or domestic violence against, the child
and it is alleged that the person is seeking the modification in
order to gain greater access to the child.
   (2) If all of the circumstances described in subdivision (b)
apply, the court shall conduct a hearing regarding modification of
the custody order in open court.
   (c) "Immediate harm to the child" includes, but is not limited to,
the following:
   (1) Having a parent who has committed acts of domestic violence,
where the court determines that the acts of domestic violence are of
recent origin or are a part of a demonstrated and continuing pattern
of acts of domestic violence.
   (2) Sexual abuse of the child, where the court determines that the
acts of sexual abuse are of recent origin or are a part of a
demonstrated and continuing pattern of acts of sexual abuse. 
   (3) For purposes of this section, the phrase "recent origin"
refers to acts occurring within the previous five years.