Amended in Senate July 3, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1498

Introduced by Assembly Member Campos

January 9, 2014

An act to amend Section 136.2 of the Penal Code, relating to protective orders.

LEGISLATIVE COUNSEL’S DIGEST

AB 1498, as amended, Campos. Protective orders.

Existing law authorizes a court with jurisdiction over a criminal matter to issue certain orders upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur, including a protective order enjoining a party from, among other things, molesting, attacking, threatening, sexually assaulting, harassing, contacting, or coming within a specified distance of the other party, as specified.

Existing law requires a court to consider issuing a protective order on its own motion in all cases where the defendant is charged with a crime of domestic violence, as defined, and requires the court’s records of all criminal cases involving domestic violence be clearly marked to alert the court of the issue. Existing law provides that a restraining order or protective order issued in a domestic violence case has precedence in enforcement over a civil court order, except as provided. Existing law authorizes the court, in any case in which a complaint, information, or indictment charging domestic violence has been filed, to consider the underlying nature of the offense charged and other specified information in determining whether good cause exists to issue a protective order.

This bill would apply these provisions to all cases where the defendant is charged with specified sex crimes, including rape, spousal rape, and crimes for which a person is required to register as a sex offender. The bill would further authorize the court, in any case in which a complaint, information, or indictment charging any of the above-described sex crimes has been filed, to consider the defendant’s relationship to the victim, the likelihood of continuing harm to the victim, the defendant’s criminal history, as specified, and any current protective or restraining order issued by any civil or criminal court involving the defendant.

Existing law provides that a willful and knowing violation of a protective order issued pursuant to the above-described provisions constitutes contempt of court, a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, a fine not exceeding $1,000, or by both the imprisonment and the fine, except as specified.

By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

begin insert

This bill would incorporate additional changes to Section 136.2 of the Penal Code, proposed by AB 1850 and SB 910, that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2015, and this bill is chaptered last.

end insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 136.2 of the Penal Code begin insert , as amended by
Section 1.5 of Chapter 291 of the Statutes of 2013, end insert is amended to
read:

136.2.  

(a) Upon a good cause belief that harm to, or
intimidation or dissuasion of, a victim or witness has occurred or
is reasonably likely to occur, a court with jurisdiction over a
criminal matter may issue orders, including, but not limited to, the
following:

(1) An order issued pursuant to Section 6320 of the Family
Code.

(2) An order that a defendant shall not violate any provision of
Section 136.1.

(3) An order that a person before the court other than a
defendant, including, but not limited to, a subpoenaed witness or
other person entering the courtroom of the court, shall not violate
any provisions of Section 136.1.

(4) An order that a person described in this section shall have
no communication whatsoever with a specified witness or a victim,
except through an attorney under reasonable restrictions that the
court may impose.

(5) An order calling for a hearing to determine if an order as
described in paragraphs (1) to (4), inclusive, should be issued.

(6) (A) An order that a particular law enforcement agency
within the jurisdiction of the court provide protection for a victim
or a witness, or both, or for immediate family members of a victim
or a witness who reside in the same household as the victim or
witness or within reasonable proximity of the victim’s or witness’
household, as determined by the court. The order shall not be made
without the consent of the law enforcement agency except for
limited and specified periods of time and upon an express finding
by the court of a clear and present danger of harm to the victim or
witness or immediate family members of the victim or witness.

(B) For purposes of this paragraph, “immediate family
members” include the spouse, children, or parents of the victim
or witness.

(7) (A) An order protecting victims of violent crime from all
contact by the defendant, or contact, with the intent to annoy,
harass, threaten, or commit acts of violence, by the defendant. The
court or its designee shall transmit orders made under this
paragraph to law enforcement personnel within one business day
of the issuance, modification, extension, or termination of the
order, pursuant to subdivision (a) of Section 6380 of the Family
Code. It is the responsibility of the court to transmit the
modification, extension, or termination orders made under this
paragraph to the same agency that entered the original protective
order into the Domestic Violence Restraining Order System.

(B) (i) If a court does not issue an order pursuant to
subparagraph (A) in a case in which the defendant is charged with
a crime of domestic violence as defined in Section 13700, the court
on its own motion shall consider issuing a protective order upon
a good cause belief that harm to, or intimidation or dissuasion of,
a victim or witness has occurred or is reasonably likely to occur,
that provides as follows:

(I) The defendant shall not own, possess, purchase, receive, or
attempt to purchase or receive, a firearm while the protective order
is in effect.

(II) The defendant shall relinquish any firearms that he or she
owns or possesses pursuant to Section 527.9 of the Code of Civil
Procedure.

(ii) Every person who owns, possesses, purchases, or receives,
or attempts to purchase or receive, a firearm while this protective
order is in effect is punishable pursuant to Section 29825.

(C) An order issued, modified, extended, or terminated by a
court pursuant to this paragraph shall be issued on forms adopted
by the Judicial Council of California and that have been approved
by the Department of Justice pursuant to subdivision (i) of Section
6380 of the Family Code. However, the fact that an order issued
by a court pursuant to this section was not issued on forms adopted
by the Judicial Council and approved by the Department of Justice
shall not, in and of itself, make the order unenforceable.

(D) A protective order issued under this paragraph may require
the defendant to be placed on electronic monitoring if the local
government, with the concurrence of the county sheriff or the chief
probation officer with jurisdiction, adopts a policy to authorize
electronic monitoring of defendants and specifies the agency with
jurisdiction for this purpose. If the court determines that the
defendant has the ability to pay for the monitoring program, the
court shall order the defendant to pay for the monitoring. If the
court determines that the defendant does not have the ability to
pay for the electronic monitoring, the court may order electronic
monitoring to be paid for by the local government that adopted
the policy to authorize electronic monitoring. The duration of
electronic monitoring shall not exceed one year from the date the
order is issued. At no time shall the electronic monitoring be in
place if the protective order is not in place.

(b) A person violating an order made pursuant to paragraphs
(1) to (7), inclusive, of subdivision (a) may be punished for any
substantive offense described in Section 136.1, or for a contempt
of the court making the order. A finding of contempt shall not be
a bar to prosecution for a violation of Section 136.1. However, a
person so held in contempt shall be entitled to credit for punishment
imposed therein against a sentence imposed upon conviction of
an offense described in Section 136.1. A conviction or acquittal
for a substantive offense under Section 136.1 shall be a bar to a
subsequent punishment for contempt arising out of the same act.

(c) (1) (A) Notwithstanding subdivision (e), an emergency
protective order issued pursuant to Chapter 2 (commencing with
Section 6250) of Part 3 of Division 10 of the Family Code or
Section 646.91 shall have precedence in enforcement over any
other restraining or protective order, provided the emergency
protective order meets all of the following requirements:

(i) The emergency protective order is issued to protect one or
more individuals who are already protected persons under another
restraining or protective order.

(ii) The emergency protective order restrains the individual who
is the restrained person in the other restraining or protective order
specified in begin delete subparagraph (A). end delete begin insert clause (i). end insert

(iii) The provisions of the emergency protective order are more
restrictive in relation to the restrained person than are the provisions
of the other restraining or protective order specified in
begin delete subparagraph (A). end delete begin insert clause (i). end insert

(B) An emergency protective order that meets the requirements
of begin delete paragraph (1) end delete begin insert subparagraph (A) end insert shall have precedence in
enforcement over the provisions of any other restraining or
protective order only with respect to those provisions of the
emergency protective order that are more restrictive in relation to
the restrained person.

(2) Except as described in paragraph (1), a no-contact order, as
described in Section 6320 of the Family Code, shall have
precedence in enforcement over any other restraining or protective
order.

(d) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, begin insert or end insert receive, or attempt to
purchase or begin delete receive end delete begin insert receive, end insert a firearm while the protective order
is in effect.

(2) 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.

(3) A person who owns, possesses, begin delete purchases end delete begin insert purchases, end insert or
receives, or attempts to purchase or begin delete receive end delete begin insert receive, end insert a firearm while
the protective order is in effect is punishable pursuant to Section
29825.

(e) (1) In all cases begin delete where end delete begin insert in which end insert the defendant is charged
with a crime of domestic violence, as defined in Section 13700,
or a violation of Section 261, 261.5, or 262, or any crime that
requires the defendant to register pursuant to subdivision (c) of
Section 290, the court shall consider issuing the above-described
orders on its own motion. All interested parties shall receive a
copy of those orders. In order to facilitate this, the court’s records
of all criminal cases involving domestic violence or a violation of
Section 261, 261.5, or 262, or any crime that requires the defendant
to register pursuant to subdivision (c) of Section begin delete 290 end delete begin insert 290, end insert shall be
marked to clearly alert the court to this issue.

(2) In those cases in which a complaint, information, or
indictment charging a crime of domestic violence, as defined in
Section 13700, or a violation of Section 261, 261.5, or 262, or any
crime that requires the defendant to register pursuant to subdivision
(c) of Section begin delete 290 end delete begin insert 290, end insert has been issued, except as described in
subdivision (c), a restraining order or protective order against the
defendant issued by the criminal court in that case has precedence
in enforcement over a civil court order against the defendant.

(3) Custody and visitation with respect to the defendant and his
or her minor children may be ordered by a family or juvenile court
consistent with the protocol established pursuant to subdivision
(f), but if ordered after a criminal protective order has been issued
pursuant to this section, the custody and visitation order shall make
reference to, and, if there is not an emergency protective order that
has precedence in enforcement pursuant to paragraph (1) of
subdivision (c), or a no-contact order, as described in Section 6320
of the Family Code, acknowledge the precedence of enforcement
of, an appropriate criminal protective order. On or before July 1,
2014, the Judicial Council shall modify the criminal and civil court
forms consistent with this subdivision.

(f) On or before January 1, 2003, the Judicial Council shall
promulgate a protocol, for adoption by each local court in
substantially similar terms, to provide for the timely coordination
of all orders against the same defendant and in favor of the same
named victim or victims. The protocol shall include, but shall not
be limited to, mechanisms for ensuring appropriate communication
and information sharing between criminal, family, and juvenile
courts concerning orders and cases that involve the same parties,
and shall permit a family or juvenile court order to coexist with a
criminal court protective order subject to the following conditions:

(1) An order that permits contact between the restrained person
and his or her children shall provide for the safe exchange of the
children and shall not contain language either printed or
handwritten that violates a “no-contact order” issued by a criminal
court.

(2) Safety of all parties shall be the courts’ paramount concern.
The family or juvenile court shall specify the time, day, place, and
manner of transfer of the child, as provided in Section 3100 of the
Family Code.

(g) On or before January 1, 2003, the Judicial Council shall
modify the criminal and civil court protective order forms
consistent with this section.

(h) (1) In any case in which a complaint, information, or
indictment charging a crime of domestic violence, as defined in
Section 13700, has been filed, the court may consider, in
determining whether good cause exists to issue an order under
paragraph (1) of subdivision (a), the underlying nature of the
offense charged, and the information provided to the court pursuant
to Section 273.75.

(2) In any case in which a complaint, information, or indictment
charging a violation of Section 261, 261.5, or 262, or any crime
that requires the defendant to register pursuant to subdivision (c)
of Section begin delete 290 end delete begin insert 290, end insert has been filed, the court may consider, in
determining whether good cause exists to issue an order under
paragraph (1) of subdivision (a), the underlying nature of the
offense charged, the defendant’s relationship to the victim, the
likelihood of continuing harm to the victim, any current restraining
order or protective order issued by any civil or criminal court
involving the defendant, and the defendant’s criminal history,
including, but not limited to, prior convictions for a violation of
Section 261, 261.5, or 262, or any crime that requires the defendant
to register pursuant to subdivision (c) of Section 290, or any other
forms of violence, or any weapons offenses.

(i) (1) In all cases in which a criminal defendant has been
convicted of a crime of domestic violence as defined in Section
13700, a violation of Section 261, 261.5, or 262, or any crime that
requires the defendant to register pursuant to subdivision (c) of
Section 290, the court, at the time of sentencing, shall consider
issuing an order restraining the defendant from any contact with
the victim. The order may be valid for up to 10 years, as determined
by the court. This protective order may be issued by the court
regardless of whether the defendant is sentenced to the state prison
or a county jail, or whether imposition of sentence is suspended
and the defendant is placed on probation. It is the intent of the
Legislature in enacting this subdivision that the duration of any
restraining order issued by the court be based upon the seriousness
of the facts before the court, the probability of future violations,
and the safety of the victim and his or her immediate family.

(2) An order under this subdivision may include provisions for
electronic monitoring if the local government, upon receiving the
concurrence of the county sheriff or the chief probation officer
with jurisdiction, adopts a policy authorizing electronic monitoring
of defendants and specifies the agency with jurisdiction for this
purpose. If the court determines that the defendant has the ability
to pay for the monitoring program, the court shall order the
defendant to pay for the monitoring. If the court determines that
the defendant does not have the ability to pay for the electronic
monitoring, the court may order the electronic monitoring to be
paid for by the local government that adopted the policy authorizing
electronic monitoring. The duration of the electronic monitoring
shall not exceed one year from the date the order is issued.

(j) For purposes of this section, “local government” means the
county that has jurisdiction over the protective order.

begin insert

begin insert SEC. 1.1. end insert   

end insert

begin insert Section 136.2 of the end insert begin insert Penal Code end insert begin insert , as amended by
Section 1.5 of Chapter 291 of the Statutes of 2013, is amended to
read: end insert

136.2.  

(a)  begin insert (1) end insert begin insert   end insert Upon a good cause belief that harm to, or
intimidation or dissuasion of, a victim or witness has occurred or
is reasonably likely to occur, a court with jurisdiction over a
criminal matter may issue orders, including, but not limited to, the
following:

begin delete

(1)

end delete

begin insert (A) end insert  An order issued pursuant to Section 6320 of the Family
Code.

begin delete

(2)

end delete

begin insert (B) end insert  An order that a defendant shall not violate any provision of
Section 136.1.

begin delete

(3)

end delete

begin insert (C) end insert  An order that a person before the court other than a
defendant, including, but not limited to, a subpoenaed witness or
other person entering the courtroom of the court, shall not violate
any provisions of Section 136.1.

begin delete

(4)

end delete

begin insert (D) end insert  An order that a person described in this section shall have
no communication whatsoever with a specified witness or a victim,
except through an attorney under reasonable restrictions that the
court may impose.

begin delete

(5)

end delete

begin insert (E) end insert  An order calling for a hearing to determine if an order as
described in begin delete paragraphs (1) to (4), end delete begin insert subparagraphs (A) to (D), end insert
inclusive, should be issued.

begin delete

(6) (A)

end delete

begin insert (F) end insert begin insert   end insert begin insert (i) end insert  An order that a particular law enforcement agency within
the jurisdiction of the court provide protection for a victim or a
witness, or both, or for immediate family members of a victim or
a witness who reside in the same household as the victim or witness
or within reasonable proximity of the victim’s or witness’
household, as determined by the court. The order shall not be made
without the consent of the law enforcement agency except for
limited and specified periods of time and upon an express finding
by the court of a clear and present danger of harm to the victim or
witness or immediate family members of the victim or witness.

begin delete

(B)

end delete

begin insert (ii) end insert  For purposes of this paragraph, “immediate family members”
include the spouse, children, or parents of the victim or witness.

begin delete

(7) (A)

end delete

begin insert (G) end insert begin insert   end insert begin insert (i) end insert  An order protecting begin delete victims end delete begin insert a victim or witness end insert of violent
crime from all contact by the defendant, or contact, with the intent
to annoy, harass, threaten, or commit acts of violence, by the
defendant. The court or its designee shall transmit orders made
under this paragraph to law enforcement personnel within one
business day of the issuance, modification, extension, or
termination of the order, pursuant to subdivision (a) of Section
6380 of the Family Code. It is the responsibility of the court to
transmit the modification, extension, or termination orders made
under this paragraph to the same agency that entered the original
protective order into the Domestic Violence Restraining Order
System.

begin delete

(B) (i)

end delete

begin insert (ii) end insert begin insert   end insert begin insert (I) end insert  If a court does not issue an order pursuant to
begin delete subparagraph (A) end delete begin insert clause (i) end insert in a case in which the defendant is
charged with a crime of domestic violence as defined in Section
13700, the court on its own motion shall consider issuing a
protective order upon a good cause belief that harm to, or
intimidation or dissuasion of, a victim or witness has occurred or
is reasonably likely to occur, that provides as follows:

begin delete

(I)

end delete

begin insert (ia) end insert  The defendant shall not own, possess, purchase, receive,
or attempt to purchase or receive, a firearm while the protective
order is in effect.

begin delete

(II)

end delete

begin insert (ib) end insert  The defendant shall relinquish any firearms that he or she
owns or possesses pursuant to Section 527.9 of the Code of Civil
Procedure.

begin delete

(ii)

end delete

begin insert (II) end insert  Every person who owns, possesses, purchases, or receives,
or attempts to purchase or receive, a firearm while this protective
order is in effect is punishable pursuant to Section 29825.

begin delete

(C)

end delete

begin insert (iii) end insert  An order issued, modified, extended, or terminated by a
court pursuant to this begin delete paragraph end delete begin insert subparagraph end insert shall be issued on
forms adopted by the Judicial Council of California and that have
been approved by the Department of Justice pursuant to subdivision
(i) of Section 6380 of the Family Code. However, the fact that an
order issued by a court pursuant to this section was not issued on
forms adopted by the Judicial Council and approved by the
Department of Justice shall not, in and of itself, make the order
unenforceable.

begin delete

(D)

end delete

begin insert (iv) end insert  A protective order issued under this begin delete paragraph end delete begin insert subparagraph end insert
may require the defendant to be placed on electronic monitoring
if the local government, with the concurrence of the county sheriff
or the chief probation officer with jurisdiction, adopts a policy to
authorize electronic monitoring of defendants and specifies the
agency with jurisdiction for this purpose. If the court determines
that the defendant has the ability to pay for the monitoring program,
the court shall order the defendant to pay for the monitoring. If
the court determines that the defendant does not have the ability
to pay for the electronic monitoring, the court may order electronic
monitoring to be paid for by the local government that adopted
the policy to authorize electronic monitoring. The duration of
electronic monitoring shall not exceed one year from the date the
order is issued. At no time shall the electronic monitoring be in
place if the protective order is not in place.

begin insert

(2) For purposes of this subdivision, a minor who was not a
victim of, but who was physically present at the time of, an act of
domestic violence, is a witness and is deemed to have suffered
harm within the meaning of paragraph (1).

end insert

(b) A person violating an order made pursuant to begin delete paragraphs
(1) to (7), end delete begin insert subparagraphs (A) to (G), end insert inclusive, of begin insert paragraph (1)
of end insert subdivision (a) may be punished for any substantive offense
described in Section 136.1, or for a contempt of the court making
the order. A finding of contempt shall not be a bar to prosecution
for a violation of Section 136.1. However, a person so held in
contempt shall be entitled to credit for punishment imposed therein
against a sentence imposed upon conviction of an offense described
in Section 136.1. A conviction or acquittal for a substantive offense
under Section 136.1 shall be a bar to a subsequent punishment for
contempt arising out of the same act.

(c) (1) (A) Notwithstanding subdivision (e), an emergency
protective order issued pursuant to Chapter 2 (commencing with
Section 6250) of Part 3 of Division 10 of the Family Code or
Section 646.91 shall have precedence in enforcement over any
other restraining or protective order, provided the emergency
protective order meets all of the following requirements:

(i) The emergency protective order is issued to protect one or
more individuals who are already protected persons under another
restraining or protective order.

(ii) The emergency protective order restrains the individual who
is the restrained person in the other restraining or protective order
specified in begin delete subparagraph (A). end delete begin insert clause (i). end insert

(iii) The provisions of the emergency protective order are more
restrictive in relation to the restrained person than are the provisions
of the other restraining or protective order specified in
begin delete subparagraph (A). end delete begin insert clause (i). end insert

(B) An emergency protective order that meets the requirements
of begin delete paragraph (1) end delete begin insert subparagraph (A) end insert shall have precedence in
enforcement over the provisions of any other restraining or
protective order only with respect to those provisions of the
emergency protective order that are more restrictive in relation to
the restrained person.

(2) Except as described in paragraph (1), a no-contact order, as
described in Section 6320 of the Family Code, shall have
precedence in enforcement over any other restraining or protective
order.

(d) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, begin insert or end insert receive, or attempt to
purchase or begin delete receive end delete begin insert receive, end insert a firearm while the protective order
is in effect.

(2) 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.

(3) A person who owns, possesses, begin delete purchases end delete begin insert purchases, end insert or
receives, or attempts to purchase or begin delete receive end delete begin insert receive, end insert a firearm while
the protective order is in effect is punishable pursuant to Section
29825.

(e) (1) In all cases begin delete where end delete begin insert in which end insert the defendant is charged
with a crime of domestic violence, as defined in Section 13700,
begin insert or a violation of Section 261, 261.5, or 262, or any crime that
requires the defendant to register pursuant to subdivision (c) of
Section 290, end insert the court shall consider issuing the above-described
orders on its own motion. All interested parties shall receive a
copy of those orders. In order to facilitate this, the court’s records
of all criminal cases involving domestic violence begin insert or a violation of
Section 261, 261.5, or 262, or any crime that requires the defendant
to register pursuant to subdivision (c) of Section 290, end insert shall be
marked to clearly alert the court to this issue.

(2) In those cases in which a complaint, information, or
indictment charging a crime of domestic violence, as defined in
Section 13700, begin insert or a violation of Section 261, 261.5, or 262, or any
crime that requires the defendant to register pursuant to
subdivision (c) of Section 290, end insert has been issued, except as described
in subdivision (c), a restraining order or protective order against
the defendant issued by the criminal court in that case has
precedence in enforcement over a civil court order against the
defendant.

(3) Custody and visitation with respect to the defendant and his
or her minor children may be ordered by a family or juvenile court
consistent with the protocol established pursuant to subdivision
(f), but if ordered after a criminal protective order has been issued
pursuant to this section, the custody and visitation order shall make
reference to, and, if there is not an emergency protective order that
has precedence in enforcement pursuant to paragraph (1) of
subdivision (c), or a no-contact order, as described in Section 6320
of the Family Code, acknowledge the precedence of enforcement
of, an appropriate criminal protective order. On or before July 1,
2014, the Judicial Council shall modify the criminal and civil court
forms consistent with this subdivision.

(f) On or before January 1, 2003, the Judicial Council shall
promulgate a protocol, for adoption by each local court in
substantially similar terms, to provide for the timely coordination
of all orders against the same defendant and in favor of the same
named victim or victims. The protocol shall include, but shall not
be limited to, mechanisms for ensuring appropriate communication
and information sharing between criminal, family, and juvenile
courts concerning orders and cases that involve the same parties,
and shall permit a family or juvenile court order to coexist with a
criminal court protective order subject to the following conditions:

(1) An order that permits contact between the restrained person
and his or her children shall provide for the safe exchange of the
children and shall not contain language either printed or
handwritten that violates a “no-contact order” issued by a criminal
court.

(2) Safety of all parties shall be the courts’ paramount concern.
The family or juvenile court shall specify the time, day, place, and
manner of transfer of the child, as provided in Section 3100 of the
Family Code.

(g) On or before January 1, 2003, the Judicial Council shall
modify the criminal and civil court protective order forms
consistent with this section.

(h)  begin insert (1) end insert begin insert   end insert In any case in which a complaint, information, or
indictment charging a crime of domestic violence, as defined in
Section 13700, has been filed, the court may consider, in
determining whether good cause exists to issue an order under
begin insert subparagraph (A) of end insert paragraph (1) of subdivision (a), the
underlying nature of the offense charged, and the information
provided to the court pursuant to Section 273.75.

begin insert

(2) In any case in which a complaint, information, or indictment
charging a violation of Section 261, 261.5, or 262, or any crime
that requires the defendant to register pursuant to subdivision (c)
of Section 290, has been filed, the court may consider, in
determining whether good cause exists to issue an order under
paragraph (1) of subdivision (a), the underlying nature of the
offense charged, the defendant’s relationship to the victim, the
likelihood of continuing harm to the victim, any current restraining
order or protective order issued by any civil or criminal court
involving the defendant, and the defendant’s criminal history,
including, but not limited to, prior convictions for a violation of
Section 261, 261.5, or 262, or any crime that requires the defendant
to register pursuant to subdivision (c) of Section 290, or any other
forms of violence, or any weapons offenses.

end insert

(i) (1) In all cases in which a criminal defendant has been
convicted of a crime of domestic violence as defined in Section
13700, a violation of Section 261, 261.5, or 262, or any crime that
requires the defendant to register pursuant to subdivision (c) of
Section 290, the court, at the time of sentencing, shall consider
issuing an order restraining the defendant from any contact with
the victim. The order may be valid for up to 10 years, as determined
by the court. This protective order may be issued by the court
regardless of whether the defendant is sentenced to the state prison
or a county jail, or whether imposition of sentence is suspended
and the defendant is placed on probation. It is the intent of the
Legislature in enacting this subdivision that the duration of any
restraining order issued by the court be based upon the seriousness
of the facts before the court, the probability of future violations,
and the safety of the victim and his or her immediate family.

(2) An order under this subdivision may include provisions for
electronic monitoring if the local government, upon receiving the
concurrence of the county sheriff or the chief probation officer
with jurisdiction, adopts a policy authorizing electronic monitoring
of defendants and specifies the agency with jurisdiction for this
purpose. If the court determines that the defendant has the ability
to pay for the monitoring program, the court shall order the
defendant to pay for the monitoring. If the court determines that
the defendant does not have the ability to pay for the electronic
monitoring, the court may order the electronic monitoring to be
paid for by the local government that adopted the policy authorizing
electronic monitoring. The duration of the electronic monitoring
shall not exceed one year from the date the order is issued.

(j) For purposes of this section, “local government” means the
county that has jurisdiction over the protective order.

begin insert

begin insert SEC. 1.2. end insert   

end insert

begin insert Section 136.2 of the end insert begin insert Penal Code end insert begin insert , as amended by
Section 1.5 of Chapter 291 of the Statutes of 2013, is amended to
read: end insert

136.2.  

(a) Upon a good cause belief that harm to, or
intimidation or dissuasion of, a victim or witness has occurred or
is reasonably likely to occur, a court with jurisdiction over a
criminal matter may issue orders, including, but not limited to, the
following:

(1) An order issued pursuant to Section 6320 of the Family
Code.

(2) An order that a defendant shall not violate any provision of
Section 136.1.

(3) An order that a person before the court other than a
defendant, including, but not limited to, a subpoenaed witness or
other person entering the courtroom of the court, shall not violate
any provisions of Section 136.1.

(4) An order that a person described in this section shall have
no communication whatsoever with a specified witness or a victim,
except through an attorney under reasonable restrictions that the
court may impose.

(5) An order calling for a hearing to determine if an order as
described in paragraphs (1) to (4), inclusive, should be issued.

(6) (A) An order that a particular law enforcement agency
within the jurisdiction of the court provide protection for a victim
or a witness, or both, or for immediate family members of a victim
or a witness who reside in the same household as the victim or
witness or within reasonable proximity of the victim’s or witness’
household, as determined by the court. The order shall not be made
without the consent of the law enforcement agency except for
limited and specified periods of time and upon an express finding
by the court of a clear and present danger of harm to the victim or
witness or immediate family members of the victim or witness.

(B) For purposes of this paragraph, “immediate family
members” include the spouse, children, or parents of the victim
or witness.

(7) (A) An order protecting victims of violent crime from all
contact by the defendant, or contact, with the intent to annoy,
harass, threaten, or commit acts of violence, by the defendant. The
court or its designee shall transmit orders made under this
paragraph to law enforcement personnel within one business day
of the issuance, modification, extension, or termination of the
order, pursuant to subdivision (a) of Section 6380 of the Family
Code. It is the responsibility of the court to transmit the
modification, extension, or termination orders made under this
paragraph to the same agency that entered the original protective
order into the Domestic Violence Restraining Order System.

(B) (i) If a court does not issue an order pursuant to
subparagraph (A) in a case in which the defendant is charged with
a crime begin delete of end delete begin insert involving end insert domestic violence as defined in Section begin delete 13700, end delete
begin insert 13700 or in Section 6211 of the Family Code, end insert the court on its own
motion shall consider issuing a protective order upon a good cause
belief that harm to, or intimidation or dissuasion of, a victim or
witness has occurred or is reasonably likely to occur, that provides
as follows:

(I) The defendant shall not own, possess, purchase, receive, or
attempt to purchase or receive, a firearm while the protective order
is in effect.

(II) The defendant shall relinquish any firearms that he or she
owns or possesses pursuant to Section 527.9 of the Code of Civil
Procedure.

(ii) Every person who owns, possesses, purchases, or receives,
or attempts to purchase or receive, a firearm while this protective
order is in effect is punishable pursuant to Section 29825.

(C) An order issued, modified, extended, or terminated by a
court pursuant to this paragraph shall be issued on forms adopted
by the Judicial Council of California and that have been approved
by the Department of Justice pursuant to subdivision (i) of Section
6380 of the Family Code. However, the fact that an order issued
by a court pursuant to this section was not issued on forms adopted
by the Judicial Council and approved by the Department of Justice
shall not, in and of itself, make the order unenforceable.

(D) A protective order issued under this paragraph may require
the defendant to be placed on electronic monitoring if the local
government, with the concurrence of the county sheriff or the chief
probation officer with jurisdiction, adopts a policy to authorize
electronic monitoring of defendants and specifies the agency with
jurisdiction for this purpose. If the court determines that the
defendant has the ability to pay for the monitoring program, the
court shall order the defendant to pay for the monitoring. If the
court determines that the defendant does not have the ability to
pay for the electronic monitoring, the court may order electronic
monitoring to be paid for by the local government that adopted
the policy to authorize electronic monitoring. The duration of
electronic monitoring shall not exceed one year from the date the
order is issued. At no time shall the electronic monitoring be in
place if the protective order is not in place.

(b) A person violating an order made pursuant to paragraphs
(1) to (7), inclusive, of subdivision (a) may be punished for any
substantive offense described in Section 136.1, or for a contempt
of the court making the order. A finding of contempt shall not be
a bar to prosecution for a violation of Section 136.1. However, a
person so held in contempt shall be entitled to credit for punishment
imposed therein against a sentence imposed upon conviction of
an offense described in Section 136.1. A conviction or acquittal
for a substantive offense under Section 136.1 shall be a bar to a
subsequent punishment for contempt arising out of the same act.

(c) (1) (A) Notwithstanding subdivision (e), an emergency
protective order issued pursuant to Chapter 2 (commencing with
Section 6250) of Part 3 of Division 10 of the Family Code or
Section 646.91 shall have precedence in enforcement over any
other restraining or protective order, provided the emergency
protective order meets all of the following requirements:

(i) The emergency protective order is issued to protect one or
more individuals who are already protected persons under another
restraining or protective order.

(ii) The emergency protective order restrains the individual who
is the restrained person in the other restraining or protective order
specified in begin delete subparagraph (A). end delete begin insert clause (i). end insert

(iii) The provisions of the emergency protective order are more
restrictive in relation to the restrained person than are the provisions
of the other restraining or protective order specified in
begin delete subparagraph (A). end delete begin insert clause (i). end insert

(B) An emergency protective order that meets the requirements
of begin delete paragraph (1) end delete begin insert subparagraph (A) end insert shall have precedence in
enforcement over the provisions of any other restraining or
protective order only with respect to those provisions of the
emergency protective order that are more restrictive in relation to
the restrained person.

(2) Except as described in paragraph (1), a no-contact order, as
described in Section 6320 of the Family Code, shall have
precedence in enforcement over any other restraining or protective
order.

(d) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, begin insert or end insert receive, or attempt to
purchase or begin delete receive end delete begin insert receive, end insert a firearm while the protective order
is in effect.

(2) 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.

(3) A person who owns, possesses, begin delete purchases end delete begin insert purchases, end insert or
receives, or attempts to purchase or begin delete receive end delete begin insert receive, end insert a firearm while
the protective order is in effect is punishable pursuant to Section
29825.

(e) (1) In all cases begin delete where end delete begin insert in which end insert the defendant is charged
with a crime begin delete of end delete begin insert involving end insert domestic violence, as defined in Section
begin delete 13700, end delete begin insert 13700 or in Section 6211 of the Family Code, or a violation
of Section 261, 261.5, or 262, or any crime that requires the
defendant to register pursuant to subdivision (c) of Section 290, end insert
the court shall consider issuing the above-described orders on its
own motion. All interested parties shall receive a copy of those
orders. In order to facilitate this, the court’s records of all criminal
cases involving domestic violence begin insert or a violation of Section 261,
261.5, or 262, or any crime that requires the defendant to register
pursuant to subdivision (c) of Section 290, end insert shall be marked to
clearly alert the court to this issue.

(2) In those cases in which a complaint, information, or
indictment charging a crime begin delete of end delete begin insert involving end insert domestic violence, as
defined in Section begin delete 13700, end delete begin insert 13700 or in Section 6211 of the Family
Code, or a violation of Section 261, 261.5, or 262, or any crime
that requires the defendant to register pursuant to subdivision (c)
of Section 290, end insert has been issued, except as described in subdivision
(c), a restraining order or protective order against the defendant
issued by the criminal court in that case has precedence in
enforcement over a civil court order against the defendant.

(3) Custody and visitation with respect to the defendant and his
or her minor children may be ordered by a family or juvenile court
consistent with the protocol established pursuant to subdivision
(f), but if ordered after a criminal protective order has been issued
pursuant to this section, the custody and visitation order shall make
reference to, and, if there is not an emergency protective order that
has precedence in enforcement pursuant to paragraph (1) of
subdivision (c), or a no-contact order, as described in Section 6320
of the Family Code, acknowledge the precedence of enforcement
of, an appropriate criminal protective order. On or before July 1,
2014, the Judicial Council shall modify the criminal and civil court
forms consistent with this subdivision.

(f) On or before January 1, 2003, the Judicial Council shall
promulgate a protocol, for adoption by each local court in
substantially similar terms, to provide for the timely coordination
of all orders against the same defendant and in favor of the same
named victim or victims. The protocol shall include, but shall not
be limited to, mechanisms for ensuring appropriate communication
and information sharing between criminal, family, and juvenile
courts concerning orders and cases that involve the same parties,
and shall permit a family or juvenile court order to coexist with a
criminal court protective order subject to the following conditions:

(1) An order that permits contact between the restrained person
and his or her children shall provide for the safe exchange of the
children and shall not contain language either printed or
handwritten that violates a “no-contact order” issued by a criminal
court.

(2) Safety of all parties shall be the courts’ paramount concern.
The family or juvenile court shall specify the time, day, place, and
manner of transfer of the child, as provided in Section 3100 of the
Family Code.

(g) On or before January 1, 2003, the Judicial Council shall
modify the criminal and civil court protective order forms
consistent with this section.

(h)  begin insert (1) end insert begin insert   end insert In any case in which a complaint, information, or
indictment charging a crime begin delete of end delete begin insert involving end insert domestic violence, as
defined in Section begin delete 13700, end delete begin insert 13700 or in Section 6211 of the Family
Code, end insert has been filed, the court may consider, in determining
whether good cause exists to issue an order under paragraph (1)
of subdivision (a), the underlying nature of the offense charged,
and the information provided to the court pursuant to Section
273.75.

begin insert

(2) In any case in which a complaint, information, or indictment
charging a violation of Section 261, 261.5, or 262, or any crime
that requires the defendant to register pursuant to subdivision (c)
of Section 290, has been filed, the court may consider, in
determining whether good cause exists to issue an order under
paragraph (1) of subdivision (a), the underlying nature of the
offense charged, the defendant’s relationship to the victim, the
likelihood of continuing harm to the victim, any current restraining
order or protective order issued by any civil or criminal court
involving the defendant, and the defendant’s criminal history,
including, but not limited to, prior convictions for a violation of
Section 261, 261.5, or 262, or any crime that requires the defendant
to register pursuant to subdivision (c) of Section 290, or any other
forms of violence, or any weapons offenses.

end insert

(i) (1) In all cases in which a criminal defendant has been
convicted of a crime begin delete of end delete begin insert involving end insert domestic violence as defined in
Section begin delete 13700, end delete begin insert 13700 or in Section 6211 of the Family Code, end insert a
violation of Section 261, 261.5, or 262, or any crime that requires
the defendant to register pursuant to subdivision (c) of Section
290, the court, at the time of sentencing, shall consider issuing an
order restraining the defendant from any contact with the victim.
The order may be valid for up to 10 years, as determined by the
court. This protective order may be issued by the court regardless
of whether the defendant is sentenced to the state prison or a county
jail, or whether imposition of sentence is suspended and the
defendant is placed on probation. It is the intent of the Legislature
in enacting this subdivision that the duration of any restraining
order issued by the court be based upon the seriousness of the facts
before the court, the probability of future violations, and the safety
of the victim and his or her immediate family.

(2) An order under this subdivision may include provisions for
electronic monitoring if the local government, upon receiving the
concurrence of the county sheriff or the chief probation officer
with jurisdiction, adopts a policy authorizing electronic monitoring
of defendants and specifies the agency with jurisdiction for this
purpose. If the court determines that the defendant has the ability
to pay for the monitoring program, the court shall order the
defendant to pay for the monitoring. If the court determines that
the defendant does not have the ability to pay for the electronic
monitoring, the court may order the electronic monitoring to be
paid for by the local government that adopted the policy authorizing
electronic monitoring. The duration of the electronic monitoring
shall not exceed one year from the date the order is issued.

(j) For purposes of this section, “local government” means the
county that has jurisdiction over the protective order.

begin insert

begin insert SEC. 1.3. end insert   

end insert

begin insert Section 136.2 of the end insert begin insert Penal Code end insert begin insert , as amended by
Section 1.5 of Chapter 291 of the Statutes of 2013, is amended to
read: end insert

136.2.  

(a)  begin insert (1) end insert begin insert   end insert Upon a good cause belief that harm to, or
intimidation or dissuasion of, a victim or witness has occurred or
is reasonably likely to occur, a court with jurisdiction over a
criminal matter may issue orders, including, but not limited to, the
following:

begin delete

(1)

end delete

begin insert (A) end insert  An order issued pursuant to Section 6320 of the Family
Code.

begin delete

(2)

end delete

begin insert (B) end insert  An order that a defendant shall not violate any provision of
Section 136.1.

begin delete

(3)

end delete

begin insert (C) end insert  An order that a person before the court other than a
defendant, including, but not limited to, a subpoenaed witness or
other person entering the courtroom of the court, shall not violate
any provisions of Section 136.1.

begin delete

(4)

end delete

begin insert (D) end insert  An order that a person described in this section shall have
no communication whatsoever with a specified witness or a victim,
except through an attorney under reasonable restrictions that the
court may impose.

begin delete

(5)

end delete

begin insert (E) end insert  An order calling for a hearing to determine if an order as
described in begin delete paragraphs (1) to (4), end delete begin insert subparagraphs (A) to (D), end insert
inclusive, should be issued.

begin delete

(6) (A)

end delete

begin insert (F) end insert begin insert   end insert begin insert (i) end insert  An order that a particular law enforcement agency within
the jurisdiction of the court provide protection for a victim or a
witness, or both, or for immediate family members of a victim or
a witness who reside in the same household as the victim or witness
or within reasonable proximity of the victim’s or witness’
household, as determined by the court. The order shall not be made
without the consent of the law enforcement agency except for
limited and specified periods of time and upon an express finding
by the court of a clear and present danger of harm to the victim or
witness or immediate family members of the victim or witness.

begin delete

(B)

end delete

begin insert (ii) end insert  For purposes of this paragraph, “immediate family members”
include the spouse, children, or parents of the victim or witness.

begin delete

(7) (A)

end delete

begin insert (G) end insert begin insert   end insert begin insert (i) end insert  An order protecting begin delete victims end delete begin insert a victim or witness end insert of violent
crime from all contact by the defendant, or contact, with the intent
to annoy, harass, threaten, or commit acts of violence, by the
defendant. The court or its designee shall transmit orders made
under this paragraph to law enforcement personnel within one
business day of the issuance, modification, extension, or
termination of the order, pursuant to subdivision (a) of Section
6380 of the Family Code. It is the responsibility of the court to
transmit the modification, extension, or termination orders made
under this paragraph to the same agency that entered the original
protective order into the Domestic Violence Restraining Order
System.

begin delete

(B) (i)

end delete

begin insert (ii) end insert begin insert   end insert begin insert (I) end insert  If a court does not issue an order pursuant to
begin delete subparagraph (A) end delete begin insert clause (i) end insert in a case in which the defendant is
charged with a crime begin delete of end delete begin insert involving end insert domestic violence as defined in
Section begin delete 13700, end delete begin insert 13700 or in Section 6211 of the Family Code, end insert the
court on its own motion shall consider issuing a protective order
upon a good cause belief that harm to, or intimidation or dissuasion
of, a victim or witness has occurred or is reasonably likely to occur,
that provides as follows:

begin delete

(I)

end delete

begin insert (ia) end insert  The defendant shall not own, possess, purchase, receive,
or attempt to purchase or receive, a firearm while the protective
order is in effect.

begin delete

(II)

end delete

begin insert (ib) end insert  The defendant shall relinquish any firearms that he or she
owns or possesses pursuant to Section 527.9 of the Code of Civil
Procedure.

begin delete

(ii)

end delete

begin insert (II) end insert  Every person who owns, possesses, purchases, or receives,
or attempts to purchase or receive, a firearm while this protective
order is in effect is punishable pursuant to Section 29825.

begin delete

(C)

end delete

begin insert (iii) end insert  An order issued, modified, extended, or terminated by a
court pursuant to this begin delete paragraph end delete begin insert subparagraph end insert shall be issued on
forms adopted by the Judicial Council of California and that have
been approved by the Department of Justice pursuant to subdivision
(i) of Section 6380 of the Family Code. However, the fact that an
order issued by a court pursuant to this section was not issued on
forms adopted by the Judicial Council and approved by the
Department of Justice shall not, in and of itself, make the order
unenforceable.

begin delete

(D)

end delete

begin insert (iv) end insert  A protective order issued under this begin delete paragraph end delete begin insert subparagraph end insert
may require the defendant to be placed on electronic monitoring
if the local government, with the concurrence of the county sheriff
or the chief probation officer with jurisdiction, adopts a policy to
authorize electronic monitoring of defendants and specifies the
agency with jurisdiction for this purpose. If the court determines
that the defendant has the ability to pay for the monitoring program,
the court shall order the defendant to pay for the monitoring. If
the court determines that the defendant does not have the ability
to pay for the electronic monitoring, the court may order electronic
monitoring to be paid for by the local government that adopted
the policy to authorize electronic monitoring. The duration of
electronic monitoring shall not exceed one year from the date the
order is issued. At no time shall the electronic monitoring be in
place if the protective order is not in place.

begin insert

(2) For purposes of this subdivision, a minor who was not a
victim of, but who was physically present at the time of, an act of
domestic violence, is a witness and is deemed to have suffered
harm within the meaning of paragraph (1).

end insert

(b) A person violating an order made pursuant to begin delete paragraphs
(1) to (7), end delete begin insert subparagraphs (A) to (G), end insert inclusive, of begin insert paragraph (1)
of end insert subdivision (a) may be punished for any substantive offense
described in Section 136.1, or for a contempt of the court making
the order. A finding of contempt shall not be a bar to prosecution
for a violation of Section 136.1. However, a person so held in
contempt shall be entitled to credit for punishment imposed therein
against a sentence imposed upon conviction of an offense described
in Section 136.1. A conviction or acquittal for a substantive offense
under Section 136.1 shall be a bar to a subsequent punishment for
contempt arising out of the same act.

(c) (1) (A) Notwithstanding subdivision (e), an emergency
protective order issued pursuant to Chapter 2 (commencing with
Section 6250) of Part 3 of Division 10 of the Family Code or
Section 646.91 shall have precedence in enforcement over any
other restraining or protective order, provided the emergency
protective order meets all of the following requirements:

(i) The emergency protective order is issued to protect one or
more individuals who are already protected persons under another
restraining or protective order.

(ii) The emergency protective order restrains the individual who
is the restrained person in the other restraining or protective order
specified in begin delete subparagraph (A). end delete begin insert clause (i). end insert

(iii) The provisions of the emergency protective order are more
restrictive in relation to the restrained person than are the provisions
of the other restraining or protective order specified in
begin delete subparagraph (A). end delete begin insert clause (i). end insert

(B) An emergency protective order that meets the requirements
of begin delete paragraph (1) end delete begin insert subparagraph (A) end insert shall have precedence in
enforcement over the provisions of any other restraining or
protective order only with respect to those provisions of the
emergency protective order that are more restrictive in relation to
the restrained person.

(2) Except as described in paragraph (1), a no-contact order, as
described in Section 6320 of the Family Code, shall have
precedence in enforcement over any other restraining or protective
order.

(d) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, begin insert or end insert receive, or attempt to
purchase or begin delete receive end delete begin insert receive, end insert a firearm while the protective order
is in effect.

(2) 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.

(3) A person who owns, possesses, begin delete purchases end delete begin insert purchases, end insert or
receives, or attempts to purchase or begin delete receive end delete begin insert receive, end insert a firearm while
the protective order is in effect is punishable pursuant to Section
29825.

(e) (1) In all cases begin delete where end delete begin insert in which end insert the defendant is charged
with a crime begin delete of end delete begin insert involving end insert domestic violence, as defined in Section
begin delete 13700, end delete begin insert 13700 or in Section 6211 of the Family Code, or a violation
of Section 261, 261.5, or 262, or any crime that requires the
defendant to register pursuant to subdivision (c) of Section 290, end insert
the court shall consider issuing the above-described orders on its
own motion. All interested parties shall receive a copy of those
orders. In order to facilitate this, the court’s records of all criminal
cases involving domestic violence begin insert or a violation of Section 261,
261.5, or 262, or any crime that requires the defendant to register
pursuant to subdivision (c) of Section 290, end insert shall be marked to
clearly alert the court to this issue.

(2) In those cases in which a complaint, information, or
indictment charging a crime begin delete of end delete begin insert involving end insert domestic violence, as
defined in Section begin delete 13700, end delete begin insert 13700 or in Section 6211 of the Family
Code, or a violation of Section 261, 261.5, or 262, or any crime
that requires the defendant to register pursuant to subdivision (c)
of Section 290, end insert has been issued, except as described in subdivision
(c), a restraining order or protective order against the defendant
issued by the criminal court in that case has precedence in
enforcement over a civil court order against the defendant.

(3) Custody and visitation with respect to the defendant and his
or her minor children may be ordered by a family or juvenile court
consistent with the protocol established pursuant to subdivision
(f), but if ordered after a criminal protective order has been issued
pursuant to this section, the custody and visitation order shall make
reference to, and, if there is not an emergency protective order that
has precedence in enforcement pursuant to paragraph (1) of
subdivision (c), or a no-contact order, as described in Section 6320
of the Family Code, acknowledge the precedence of enforcement
of, an appropriate criminal protective order. On or before July 1,
2014, the Judicial Council shall modify the criminal and civil court
forms consistent with this subdivision.

(f) On or before January 1, 2003, the Judicial Council shall
promulgate a protocol, for adoption by each local court in
substantially similar terms, to provide for the timely coordination
of all orders against the same defendant and in favor of the same
named victim or victims. The protocol shall include, but shall not
be limited to, mechanisms for ensuring appropriate communication
and information sharing between criminal, family, and juvenile
courts concerning orders and cases that involve the same parties,
and shall permit a family or juvenile court order to coexist with a
criminal court protective order subject to the following conditions:

(1) An order that permits contact between the restrained person
and his or her children shall provide for the safe exchange of the
children and shall not contain language either printed or
handwritten that violates a “no-contact order” issued by a criminal
court.

(2) Safety of all parties shall be the courts’ paramount concern.
The family or juvenile court shall specify the time, day, place, and
manner of transfer of the child, as provided in Section 3100 of the
Family Code.

(g) On or before January 1, 2003, the Judicial Council shall
modify the criminal and civil court protective order forms
consistent with this section.

(h)  begin insert (1) end insert begin insert   end insert In any case in which a complaint, information, or
indictment charging a crime begin delete of end delete begin insert involving end insert domestic violence, as
defined in Section begin delete 13700, end delete begin insert 13700 or in Section 6211 of the Family
Code, end insert has been filed, the court may consider, in determining
whether good cause exists to issue an order under begin insert subparagraph
(A) of end insert paragraph (1) of subdivision (a), the underlying nature of
the offense charged, and the information provided to the court
pursuant to Section 273.75.

begin insert

(2) In any case in which a complaint, information, or indictment
charging a violation of Section 261, 261.5, or 262, or any crime
that requires the defendant to register pursuant to subdivision (c)
of Section 290, has been filed, the court may consider, in
determining whether good cause exists to issue an order under
paragraph (1) of subdivision (a), the underlying nature of the
offense charged, the defendant’s relationship to the victim, the
likelihood of continuing harm to the victim, any current restraining
order or protective order issued by any civil or criminal court
involving the defendant, and the defendant’s criminal history,
including, but not limited to, prior convictions for a violation of
Section 261, 261.5, or 262, or any crime that requires the defendant
to register pursuant to subdivision (c) of Section 290, or any other
forms of violence, or any weapons offenses.

end insert

(i) (1) In all cases in which a criminal defendant has been
convicted of a crime begin delete of end delete begin insert involving end insert domestic violence as defined in
Section begin delete 13700, end delete begin insert 13700 or in Section 6211 of the Family Code, end insert a
violation of Section 261, 261.5, or 262, or any crime that requires
the defendant to register pursuant to subdivision (c) of Section
290, the court, at the time of sentencing, shall consider issuing an
order restraining the defendant from any contact with the victim.
The order may be valid for up to 10 years, as determined by the
court. This protective order may be issued by the court regardless
of whether the defendant is sentenced to the state prison or a county
jail, or whether imposition of sentence is suspended and the
defendant is placed on probation. It is the intent of the Legislature
in enacting this subdivision that the duration of any restraining
order issued by the court be based upon the seriousness of the facts
before the court, the probability of future violations, and the safety
of the victim and his or her immediate family.

(2) An order under this subdivision may include provisions for
electronic monitoring if the local government, upon receiving the
concurrence of the county sheriff or the chief probation officer
with jurisdiction, adopts a policy authorizing electronic monitoring
of defendants and specifies the agency with jurisdiction for this
purpose. If the court determines that the defendant has the ability
to pay for the monitoring program, the court shall order the
defendant to pay for the monitoring. If the court determines that
the defendant does not have the ability to pay for the electronic
monitoring, the court may order the electronic monitoring to be
paid for by the local government that adopted the policy authorizing
electronic monitoring. The duration of the electronic monitoring
shall not exceed one year from the date the order is issued.

(j) For purposes of this section, “local government” means the
county that has jurisdiction over the protective order.

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

(a) Section 1.1 of this bill incorporates amendments
to Section 136.2 of the Penal Code proposed by both this bill and
Assembly Bill 1850. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2015,
(2) each bill amends Section 136.2 of the Penal Code, and (3)
Senate Bill 910 is not enacted or as enacted does not amend that
section, and (4) this bill is enacted after Assembly Bill 1850, in
which case Sections 1, 1.2, and 1.3 of this bill shall not become
operative.

end insert begin insert

(b) Section 1.2 of this bill incorporates amendments to Section
136.2 of the Penal Code proposed by both this bill and Senate Bill
910. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2015, (2) each bill
amends Section 136.2 of the Penal Code, (3) Assembly Bill 1850
is not enacted or as enacted does not amend that section, and (4)
this bill is enacted after Senate Bill 910 in which case Sections 1,
1.1, and 1.3 of this bill shall not become operative.

end insert begin insert

(c) Section 1.3 of this bill incorporates amendments to Section
136.2 of the Penal Code proposed by this bill, Assembly Bill 1850,
and Senate Bill 910. It shall only become operative if (1) all three
bills are enacted and become effective on or before January 1,
2015, (2) all three bills amend Section 136.2 of the Penal Code,
and (3) this bill is enacted after Assembly Bill 1850 and Senate
Bill 910, in which case Sections 1, 1.1, and 1.2 of this bill shall
not become operative.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.