BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1498|
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THIRD READING
Bill No: AB 1498
Author: Campos (D)
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 6/17/14
AYES: Hancock, De Le�n, Liu, Mitchell, Steinberg
NO VOTE RECORDED: Anderson, Knight
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 4/24/14 (Consent) - See last page for
vote
SUBJECT : Protective orders
SOURCE : California District Attorneys Association
DIGEST : This bill expands the circumstances under which the
court is required to consider issuing a protective order, on its
own motion, from domestic violence cases to all cases where a
defendant is charged with rape, statutory rape, spousal rape, or
any offense that requires registration as a sex offender.
ANALYSIS :
Existing law:
1.Authorizes the trial court in a criminal case to issue
protective orders when there is a good cause belief that harm
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to, or intimidation or dissuasion of a victim or witness has
occurred or is reasonably likely to occur.
2.States in those cases in which a complaint, information, or
indictment charging a crime of domestic violence has been
issued, except as specified, 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.Allows a court, in any case in which a complaint, information,
or indictment charging a crime of domestic violence has been
filed, to consider, in determining whether good cause exists
to issue a protective order, the underlying nature of the
offense charged, and any information about the defendant's
prior convictions for domestic violence, other forms of
violence or weapons offenses, and any current protective or
restraining order issued by a criminal or civil court.
4.Provides that in cases in which a complaint, information, or
indictment charging a crime of domestic violence has been
issued, except as specified, 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. (Penal Code Section 136.2, subd.
(e)(2))
5.Provides that in all cases where the defendant is charged with
a crime of domestic violence, as defined, the court shall
consider issuing specified protective orders on its own
motion.
This bill:
1.Provides that in any case where a defendant is charged with
rape, statutory rape, spousal rape, or any other offense for
which the defendant would have to register as a sex offender,
except as provided, a restraining order or protective order
against the defendant issued by the criminal court in the case
has precedence in enforcement over a civil court order against
the defendant.
2.Expands current statute to include the additional crimes of
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rape, statutory rape, spousal rape, or any other offense for
which the defendant would have to register as a sex offender.
3.Provides that in any criminal case involving specified sex
crimes the court may consider, in determining whether good
cause exists to issue a protective order, 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 specified sex crimes, or
any other forms of violence, or any weapons offenses.
Comments
The author states:
The existing process for obtaining a protective order during a
criminal sexual assault case requires a hearing, after which
the order will only be issued if there is a showing of good
cause that harm or dissuasion of a victim's testimony has
occurred or is likely to occur. This creates two issues.
First, it generally requires some proof that the perpetrator
has attempted or will attempt to harm or dissuade the victim,
beyond the harm that has already occurred. That proof can be
difficult to obtain, until a new incident has taken place.
Victims should not be put in the position of having to wait
until they are harmed again to be able to obtain a protective
order.
Second, meeting the standard of good cause requires the victim
and his/her family members having to participate in a separate
hearing in order to obtain a protective order. This means
having to testify and relive the traumatic experience.
In domestic violence cases, under PC [Penal Code Section]
136.2(e), the court can issue a protective order without
requiring a separate hearing or a showing of good cause.
Victims of sex crimes, on the other hand, must still seek
protective orders through the PC [Penal Code Section] 136.2(a)
process.
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AB 1498 would extend to victims of sexually motivated crimes
the protections afforded domestic violence victims.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/30/14)
California District Attorneys Association (source)
Association for Los Angeles Deputy Sheriffs
California State Sheriffs' Association
Crime Victims United of California
Los Angeles Police Protective League
Los Angeles Probation Officers' Union, AFSCME, Local 685
National Association of Social Workers, California Chapter
Riverside Sheriffs' Association
ASSEMBLY FLOOR : 75-0, 4/24/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Grove, Hagman, Hall, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Medina, Melendez, Mullin, Muratsuchi, Nestande, Olsen, Pan,
Patterson, Perea, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.
P�rez
NO VOTE RECORDED: Gray, Harkey, Mansoor, Nazarian, Vacancy
JG:k 6/30/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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