BILL ANALYSIS �
AB 1498
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1498 (Campos)
As Amended July 3, 2014
Majority vote
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|ASSEMBLY: |75-0 |(April 24, |SENATE: |36-0 |(August 7, |
| | |2014) | | |2014) |
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Original Committee Reference: PUB. S.
SUMMARY : Requires a court to consider, in all cases where the
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, issuing a protective order on its own motion during
the pendency of the criminal proceedings.
The Senate amendments double join this bill with AB 1850 (Waldron)
of the current legislative session, and SB 910 (Pavley) of the
current legislative session, to avoid chaptering out issues.
EXISTING LAW :
1)Authorizes the trial court in a criminal case to issue protective
orders when there is a good cause belief that harm to, or
intimidation or dissuasion of a victim or witness has occurred or
is reasonably likely to occur.
2)Provides that a person violating a protective order may be
punished for any substantive offense described in provisions of
law related to intimidation of witnesses or victims, or for a
contempt of the court making the order.
3)Requires a court, in all cases where the defendant is charged with
a crime of domestic violence, to consider issuing a protective
order 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 shall be
marked to clearly alert the court to this issue.
4)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
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has precedence in enforcement over a civil court order against the
defendant.
5)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 information provided to the court through a background check,
including 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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Provided that in any case where a defendant is charged with the
sex crimes specified above, 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)Stated in any case in which a defendant is charged with the sex
crimes specified above, 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 specified sex crimes, or any other forms of
violence, or any weapons offenses.
FISCAL EFFECT : According to the Senate Appropriations Committee,
pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "While great strides have been
made in increasing sentences for those who commit crimes of a sexual
nature, little has been done to protect the safety and well-being of
the victims of these crimes during the pendency of criminal
proceedings. There should be a mechanism in the law that allows for
victims of sexually motivated crimes to have a criminal protective
order issued as a matter of law during the pendency of criminal
proceedings.
"If criminal protective orders can be sought for victims of domestic
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violence during the pendency of criminal proceedings, it seems an
absurdity of the law that victims of child molestation or rape are
unable to seek similar protections.
"This proposal would take provisions that are already in place
allowing victims of domestic violence to obtain criminal protective
orders during the pendency of the criminal case and extend them to
victims of crimes specified under Penal Code Section 290 as well as
victims of crimes specified under Penal Code Section 261.5
(Statutory Rape)."
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0004265