BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1596|
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THIRD READING
Bill No: AB 1596
Author: Hayashi (D)
Amended: 6/23/10 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 6/22/10
AYES: Corbett, Harman, Hancock, Leno
NO VOTE RECORDED: Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 4/8/10 - See last page for vote
SUBJECT : Protective orders: emergency protective
orders: enforcement
priority
SOURCE : Judicial Council of California
DIGEST : This bill implements recommendations from the
Judicial Councils Protective Orders Working Group and make
various changes to protective order statutes. This bill
will not take effect until January 1, 2012.
ANALYSIS : Existing law authorizes a court to issue
various types of restraining and protective orders to
enjoin a person from engaging in specified acts against
another person.
This bill provides that, in the event multiple and
CONTINUED
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conflicting restraining or protective orders are issued
against the same person for the protection of the same
individual(s) named in the orders, the orders shall be
enforced in a manner that provides the greatest protection
to the individuals protected under the orders and provides
the most restrictions to the restrained party.
Existing law authorizes a court, on a showing of good
cause, to include in a civil harassment restraining order
other named family or household members who reside with the
plaintiff.
This bill eliminates the requirement of residence with the
plaintiff.
Existing law provides that a hearing on a petition for a
civil harassment or workplace violence restraining order
must be held within 15 days from the date a temporary
restraining order is issued, or within 21 days, if good
cause appears to the court.
This bill provides that a hearing on a petition for a civil
harassment or workplace violence restraining order must be
held within 21 days from the date a temporary restraining
order is granted or denied, or within 25 days, if good
cause appears to the court.
Existing law requires the court to order the plaintiff, or
his/her attorney, to deliver a copy of each civil
harassment, workplace violence, or elder or dependent adult
abuse restraining order to specified law enforcement
agencies within one business day. Existing law requires
the Department of Justice (DOJ) to maintain a statewide
telecommunications system, entitled the California Law
Enforcement Telecommunications System (CLETS), for use by
law enforcement agencies.
This bill provides that courts may alternately transmit
these orders to law enforcement for entry into CLETS, or
enter the order directly into CLETS with the approval of
DOJ.
Existing law provides that an elder or dependent adult who
has suffered abuse may seek a protective order.
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This bill allows an action to be brought on behalf of an
elder or dependent adult by a conservator or by specified
other authorized persons.
Existing law provides that a person, subject to a
protective order under specified provisions of law, that
owns, possesses, purchases, or receives, or who attempts to
purchase or receive a firearm is guilty of a felony.
This bill provides that a person, subject to a protective
order under specified provisions of law that owns,
possesses, purchases, or receives, or who attempts to
purchase or receive ammunition is also guilty of a felony.
This bill, by creating a new crime imposes a state-mandated
local program.
This bill also makes technical and conforming changes to
those provisions of law that govern the issuance of
protective orders.
Background
Over the last two decades, the California Legislature has
enacted a significant number of laws designed to protect
victims of domestic violence, civil harassment, elder and
dependent adult abuse, and workplace violence. These laws
authorize courts to issue temporary restraining orders and
injunctions against persons engaging in violent,
threatening, abusive, or harassing conduct. In order to
facilitate the establishment of protective orders for
self-represented victims, the Judicial Council has
developed extensive, standardized forms to be used in
protective order proceedings. Two years ago, the Judicial
Council established the Protective Orders Working Group,
which was tasked with a comprehensive review of issues and
form changes relating to protective orders. The working
group is composed of members from the Judicial Council's
Civil and Small Claims Advisory Committee, the Family and
Juvenile Law Advisory Committee, the Criminal Law Advisory
Committee, and the Domestic Violence Practice and Procedure
Task Force.
This bill implements recommendations from the Protective
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Orders Working Group for statutory procedural changes to
the protective orders statutes which are intended to
provide more clarity and consistency for requests for
protective orders. In order to provide sufficient time for
the Judicial Council to implement the requisite form
changes in this bill, and to integrate these forms into the
courts' case management system, this bill will not take
effect until January 1, 2012.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/2/10)
Judicial Council of California (source)
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Blakeslee, Block,
Blumenfield, Bradford, Brownley, Buchanan, Caballero,
Charles Calderon, Carter, Chesbro, Conway, Cook, Coto,
Davis, De La Torre, De Leon, DeVore, Emmerson, Eng,
Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani,
Gaines, Galgiani, Garrick, Hagman, Hall, Harkey, Hayashi,
Hernandez, Hill, Huffman, Jeffries, Jones, Knight, Lieu,
Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava,
Nestande, Niello, Nielsen, Portantino, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, John A. Perez
NO VOTE RECORDED: Gilmore, Huber, Logue, Norby, V. Manuel
Perez, Vacancy
RJG:mw 8/3/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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