BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 723
                                                                  Page  1

          Date of Hearing:   July 6, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                     SB 723 (Pavley) - As Amended:  May 2, 2011 

          Policy Committee:                              Public 
          SafetyVote:  7-0

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

           SUMMARY  

          This bill expands the court's authority regarding restraining 
          orders in domestic violence cases, authorizing a court to issue 
          a protective order for up to 10 years, regardless of the 
          sentence.

           FISCAL EFFECT  

          Unknown, likely minor state and local costs to the extent this 
          bill results in longer restraining orders, which could result in 
          additional probation and parole violations and/or contempt 
          proceedings. (Domestic violence victims can currently seek 
          similar protection in Family Court.)

           COMMENTS  

           Rationale  . According to the bill sponsor, the California 
          District Attorneys Association (CDAA), when a defendant is 
          sentenced to probation for domestic violence, the court may 
          issue a protective order during the term of probation. If the 
          court sentences the defendant to prison or jail, however, or 
          otherwise denies probation, the court can only issue a 
          protective order if the case is a violation of PC 273.5 (causing 
          a traumatic condition on spouse, cohabitant or parent of your 
          child) or PC 646.9 (stalking). 

          This means that for other domestic violence crimes, if the 
          defendant is denied probation, the initial protective order 
          terminates because the case is over. The criminal court cannot 
          issue a new protective order because the defendant was not 
          placed on probation. The victim who had previously had a 








                                                                  SB 723
                                                                  Page  2

          no-contact order now needs to apply with the Family Court to get 
          a restraining order, the basis of which is the criminal case.

          According to the author and the sponsor, victims should get the 
          same protection in all domestic violence cases, whether or not 
          the defendant is placed on probation, not just for the crimes of 
          stalking and causing a traumatic condition to a cohabitant.


           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081