AB 1850, as amended, Waldron. Restraining orders.
Existing law authorizes a court with jurisdiction over a criminal matter to issue specified protective 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 an order protecting a victim of violent crime from all contact by the defendant. The violation of a restraining order issued pursuant to these provisions is a crime.
This bill would additionally authorize a court with jurisdiction over a criminal matter to issue an order protecting a witness of violent crime from all contact by the defendant upon a good cause belief that harm to, or intimidation or dissuasion of, that witness has occurred or is reasonably likely to occur. The bill would also, for the purposes of these provisions, provide that 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. By expanding the scope of a crime, this bill would impose a state-mandated local program.
begin insertThis bill would incorporate additional changes to Section 136.2 of the Penal Code, proposed by AB 1498 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 insertThe 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 136.2 of the Penal Code, as amended by
2Section 1.5 of Chapter 291 of the Statutes of 2013, is amended to
3read:
(a) (1) Upon a good cause belief that harm to, or
5intimidation or dissuasion of, a victim or witness has occurred or
6is reasonably likely to occur, a court with jurisdiction over a
7criminal matter may issue orders, including, but not limited to, the
8following:
9(A) An order issued pursuant to Section 6320 of the Family
10Code.
11(B) An order that a defendant shall not violate any provision of
12Section 136.1.
13(C) An order that a person before the court other than a
14defendant, including, but not limited to, a subpoenaed witness or
15other person
entering the courtroom of the court, shall not violate
16any provisions of Section 136.1.
17(D) An order that a person described in this section shall have
18no communication whatsoever with a specified witness or a victim,
19except through an attorney under reasonable restrictions that the
20court may impose.
21(E) An order calling for a hearing to determine if an order as
22described in subparagraphs (A) to (D), inclusive, should be issued.
23(F) (i) An order that a particular law enforcement agency within
24the jurisdiction of the court provide protection for a victim or a
P3 1witness, or both, or for immediate family members of a victim or
2a witness who reside in the same household as the victim or witness
3or within
reasonable proximity of the victim’s or witness’
4household, as determined by the court. The order shall not be made
5without the consent of the law enforcement agency except for
6limited and specified periods of time and upon an express finding
7by the court of a clear and present danger of harm to the victim or
8witness or immediate family members of the victim or witness.
9(ii) For purposes of this paragraph, “immediate family members”
10include the spouse, children, or parents of the victim or witness.
11(G) (i) An order protecting a victim or witness of violent crime
12from all contact by the defendant, or contact, with the intent to
13annoy, harass, threaten, or commit acts of violence, by the
14defendant. The court or its designee shall transmit orders made
15under this
paragraph to law enforcement personnel within one
16business day of the issuance, modification, extension, or
17termination of the order, pursuant to subdivision (a) of Section
186380 of the Family Code. It is the responsibility of the court to
19transmit the modification, extension, or termination orders made
20under this paragraph to the same agency that entered the original
21protective order into the Domestic Violence Restraining Order
22System.
23(ii) (I) If a court does not issue an order pursuant to clause (i)
24in a case in which the defendant is charged with a crime of
25domestic violence as defined in Section 13700, the court on its
26own motion shall consider issuing a protective order upon a good
27cause belief that harm to, or intimidation or dissuasion of, a victim
28or witness has occurred or is reasonably likely to occur, that
29provides
as follows:
30(ia) The defendant shall not own, possess, purchase, receive, or
31attempt to purchase or receive, a firearm while the protective order
32is in effect.
33(ib) The defendant shall relinquish any firearms that he or she
34owns or possesses pursuant to Section 527.9 of the Code of Civil
35Procedure.
36(II) Every person who owns, possesses, purchases, or receives,
37or attempts to purchase or receive, a firearm while this protective
38order is in effect is punishable pursuant to Section 29825.
39(iii) An order issued, modified, extended, or terminated by a
40court pursuant to this subparagraph shall be issued on forms
P4 1adopted by the Judicial Council of California and
that have been
2approved by the Department of Justice pursuant to subdivision (i)
3of Section 6380 of the Family Code. However, the fact that an
4order issued by a court pursuant to this section was not issued on
5forms adopted by the Judicial Council and approved by the
6Department of Justice shall not, in and of itself, make the order
7unenforceable.
8(iv) A protective order issued under this subparagraph may
9require the defendant to be placed on electronic monitoring if the
10local government, with the concurrence of the county sheriff or
11the chief probation officer with jurisdiction, adopts a policy to
12authorize electronic monitoring of defendants and specifies the
13agency with jurisdiction for this purpose. If the court determines
14that the defendant has the ability to pay for the monitoring program,
15the court shall order the defendant to pay
for the monitoring. If
16the court determines that the defendant does not have the ability
17to pay for the electronic monitoring, the court may order electronic
18monitoring to be paid for by the local government that adopted
19the policy to authorize electronic monitoring. The duration of
20electronic monitoring shall not exceed one year from the date the
21order is issued. At no time shall the electronic monitoring be in
22place if the protective order is not in place.
23(2) For purposes of this subdivision, a minor who was not a
24victim of, but who was physically present at the time of, an act of
25domestic violence, is a witness and is deemed to have suffered
26harm within the meaning of paragraph (1).
27(b) A person violating an order made pursuant to subparagraphs
28(A) to (G), inclusive,
of paragraph (1) of subdivision (a) may be
29punished for any substantive offense described in Section 136.1,
30or for a contempt of the court making the order. A finding of
31contempt shall not be a bar to prosecution for a violation of Section
32136.1. However, a person so held in contempt shall be entitled to
33credit for punishment imposed therein against a sentence imposed
34upon conviction of an offense described in Section 136.1. A
35conviction or acquittal for a substantive offense under Section
36136.1 shall be a bar to a subsequent punishment for contempt
37arising out of the same act.
38(c) (1) (A) Notwithstanding subdivision (e), an emergency
39protective order issued pursuant to Chapter 2 (commencing with
40
Section 6250) of Part 3 of Division 10 of the Family Code or
P5 1Section 646.91 shall have precedence in enforcement over any
2other restraining or protective order, provided the emergency
3protective order meets all of the following requirements:
4(i) The emergency protective order is issued to protect one or
5more individuals who are already protected persons under another
6restraining or protective order.
7(ii) The emergency protective order restrains the individual who
8is the restrained person in the other restraining or protective order
9specified in clause (i).
10(iii) The provisions of the emergency protective order are more
11restrictive in relation to the restrained person than are the provisions
12of the other
restraining or protective order specified in clause (i).
13(B) An emergency protective order that meets the requirements
14of subparagraph (A) shall have precedence in enforcement over
15the provisions of any other restraining or protective order only
16with respect to those provisions of the emergency protective order
17that are more restrictive in relation to the restrained person.
18(2) Except as described in paragraph (1), a no-contact order, as
19described in Section 6320 of the Family Code, shall have
20precedence in enforcement over any other restraining or protective
21order.
22(d) (1) A person subject to a protective order issued under this
23section shall not own, possess, purchase,begin insert
orend insert receive, or attempt to
24
purchase orbegin delete receiveend deletebegin insert receiveend insertbegin insert,end insert a firearm while the protective order
25is in effect.
26(2) The court shall order a person subject to a protective order
27issued under this section to relinquish any firearms he or she owns
28or possesses pursuant to Section 527.9 of the Code of Civil
29Procedure.
30(3) A person who owns, possesses,begin delete purchasesend deletebegin insert purchases,end insert or
31
receives, or attempts to purchase orbegin delete receiveend deletebegin insert receiveend insertbegin insert,end insert a firearm while
32the protective order is in effect is punishable pursuant to Section
3329825.
34(e) (1) In all casesbegin delete whereend deletebegin insert in whichend insert the defendant is charged
35with a crime of domestic violence, as defined in Section 13700,
36the court shall consider issuing the above-described orders on its
37own motion. All interested parties shall receive a copy of
those
38orders. In order to facilitate this, the court’s records of all criminal
39cases involving domestic violence shall be marked to clearly alert
40the court to this issue.
P6 1(2) In those cases in which a complaint, information, or
2indictment charging a crime of domestic violence, as defined in
3Section 13700, has been issued, except as described in subdivision
4(c), a restraining order or protective order against the defendant
5issued by the criminal court in that case has precedence in
6enforcement over a civil court order against the defendant.
7(3) Custody and visitation with respect to the defendant and his
8or her minor children may be ordered by a family or juvenile court
9consistent with the protocol established pursuant to subdivision
10(f), but if ordered after a criminal
protective order has been issued
11pursuant to this section, the custody and visitation order shall make
12reference to, and, if there is not an emergency protective order that
13has precedence in enforcement pursuant to paragraph (1) of
14subdivision (c), or a no-contact order, as described in Section 6320
15of the Family Code, acknowledge the precedence of enforcement
16of, an appropriate criminal protective order. On or before July 1,
172014, the Judicial Council shall modify the criminal and civil court
18forms consistent with this subdivision.
19(f) On or before January 1, 2003, the Judicial Council shall
20promulgate a protocol, for adoption by each local court in
21substantially similar terms, to provide for the timely coordination
22of all orders against the same defendant and in favor of the same
23named victim or victims. The protocol shall include, but shall
not
24be limited to, mechanisms for ensuring appropriate communication
25and information sharing between criminal, family, and juvenile
26courts concerning orders and cases that involve the same parties,
27and shall permit a family or juvenile court order to coexist with a
28criminal court protective order subject to the following conditions:
29(1) An order that permits contact between the restrained person
30and his or her children shall provide for the safe exchange of the
31children and shall not contain language either printed or
32handwritten that violates a “no-contact order” issued by a criminal
33court.
34(2) Safety of all parties shall be the courts’ paramount concern.
35The family or juvenile court shall specify the time, day, place, and
36manner of transfer of the child, as provided in Section
3100 of the
37Family Code.
38(g) On or before January 1, 2003, the Judicial Council shall
39modify the criminal and civil court protective order forms
40consistent with this section.
P7 1(h) In any case in which a complaint, information, or indictment
2charging a crime of domestic violence, as defined in Section 13700,
3has been filed, the court may consider, in determining whether
4good cause exists to issue an order under subparagraph (A) of
5paragraph (1) of subdivision (a), the underlying nature of the
6offense charged, and the information provided to the court pursuant
7to Section 273.75.
8(i) (1) In all cases in which a criminal defendant has been
9convicted of a crime of domestic violence as defined in
Section
1013700, a violation of Section 261, 261.5, or 262, or any crime that
11requires the defendant to register pursuant to subdivision (c) of
12Section 290, the court, at the time of sentencing, shall consider
13issuing an order restraining the defendant from any contact with
14the victim. The order may be valid for up to 10 years, as determined
15by the court. This protective order may be issued by the court
16regardless of whether the defendant is sentenced to the state prison
17or a county jail, or whether imposition of sentence is suspended
18and the defendant is placed on probation. It is the intent of the
19Legislature in enacting this subdivision that the duration of any
20restraining order issued by the court be based upon the seriousness
21of the facts before the court, the probability of future violations,
22and the safety of the victim and his or her immediate family.
23(2) An order under this subdivision may include provisions for
24electronic monitoring if the local government, upon receiving the
25concurrence of the county sheriff or the chief probation officer
26with jurisdiction, adopts a policy authorizing electronic monitoring
27of defendants and specifies the agency with jurisdiction for this
28purpose. If the court determines that the defendant has the ability
29to pay for the monitoring program, the court shall order the
30defendant to pay for the monitoring. If the court determines that
31the defendant does not have the ability to pay for the electronic
32monitoring, the court may order the electronic monitoring to be
33paid for by the local government that adopted the policy authorizing
34electronic monitoring. The duration of the electronic monitoring
35
shall not exceed one year from the date the order is issued.
36(j) For purposes of this section, “local government” means the
37county that has jurisdiction over the protective order.
begin insertSection 136.2 of the end insertbegin insertPenal Codeend insertbegin insert, as amended by
39Section 1.5 of Chapter 291 of the Statutes of 2013, is amended to
40read:end insert
(a) begin insert(1)end insertbegin insert end insert Upon a good cause belief that harm to, or
2intimidation or dissuasion of, a victim or witness has occurred or
3is reasonably likely to occur, a court with jurisdiction over a
4criminal matter may issue orders, including, but not limited to, the
5following:
6(1)
end delete
7begin insert(end insertbegin insertA)end insert An order issued pursuant to Section 6320 of the Family
8Code.
9(2)
end delete
10begin insert(end insertbegin insertB)end insert An order that a defendant shall not violate any provision of
11Section 136.1.
12(3)
end delete
13begin insert(end insertbegin insertC)end insert An order that a person before the court other than a
14defendant, including, but not limited to, a subpoenaed witness or
15other person entering the courtroom of the court, shall not violate
16any provisions of Section 136.1.
17(4)
end delete
18begin insert(end insertbegin insertD)end insert An order that a person described in this section shall have
19no communication whatsoever with a specified witness or a victim,
20except through an attorney under reasonable restrictions that the
21court may impose.
22(5)
end delete
23begin insert(end insertbegin insertE)end insert An order calling for a hearing to determine if an order as
24described inbegin delete paragraphs (1) to (4),end deletebegin insert subparagraphs (A) to (D),end insert
25 inclusive, should be issued.
26(6) (A )
end delete
27begin insert(F)end insertbegin insert end insertbegin insert(i)end insert An order that a particular law enforcement agency within
28the jurisdiction of the court provide protection for a victim or a
29witness, or both, or for immediate family members of a victim or
30a witness who reside in the same household as the victim or witness
31or within reasonable proximity of the victim’s or witness’
32household, as determined by the court. The order shall not be made
33without the consent of the law enforcement agency except for
34limited and specified periods of time and upon an express finding
35by the court of a clear and present danger of harm to the victim or
36witness or immediate family members of the victim or witness.
37(B)
end delete
38begin insert(ii)end insert For purposes of this paragraph, “immediate family members”
39include the spouse, children, or parents of the victim or witness.
40(7) (A )
end delete
P9 1begin insert(G)end insertbegin insert end insertbegin insert(i)end insert An order protectingbegin delete victimsend deletebegin insert a victim or witnessend insert of violent
2crime from all contact by the defendant, or contact, with the intent
3to annoy, harass, threaten, or commit acts of violence, by
the
4defendant. The court or its designee shall transmit orders made
5under this paragraph to law enforcement personnel within one
6business day of the issuance, modification, extension, or
7termination of the order, pursuant to subdivision (a) of Section
86380 of the Family Code. It is the responsibility of the court to
9transmit the modification, extension, or termination orders made
10under this paragraph to the same agency that entered the original
11protective order into the Domestic Violence Restraining Order
12System.
13(B) (i )
end delete
14begin insert(ii)end insertbegin insert end insertbegin insert(I)end insert If a
court does not issue an order pursuant to
15begin delete subparagraph (A)end deletebegin insert clause (i)end insert in a case in which the defendant is
16charged with a crime of domestic violence as defined in Section
1713700, the court on its own motion shall consider issuing a
18protective order upon a good cause belief that harm to, or
19intimidation or dissuasion of, a victim or witness has occurred or
20is reasonably likely to occur, that provides as follows:
21(I)
end delete
22begin insert(ia)end insert The defendant shall not own, possess, purchase, receive,
23or attempt
to purchase or receive, a firearm while the protective
24order is in effect.
25(II)
end delete
26begin insert(ib)end insert The defendant shall relinquish any firearms that he or she
27owns or possesses pursuant to Section 527.9 of the Code of Civil
28Procedure.
29(ii)
end delete
30begin insert(II)end insert Every person who owns, possesses, purchases, or receives,
31or attempts to purchase or receive, a firearm while
this protective
32order is in effect is punishable pursuant to Section 29825.
33(C)
end delete
34begin insert(iii)end insert An order issued, modified, extended, or terminated by a
35court pursuant to thisbegin delete paragraphend deletebegin insert subparagraphend insert shall be issued on
36forms adopted by the Judicial Council of California and that have
37been approved by the Department of Justice pursuant to subdivision
38(i) of Section 6380 of the Family Code. However, the fact that an
39order issued by a court pursuant to this section was not issued on
40forms adopted by
the Judicial Council and approved by the
P10 1Department of Justice shall not, in and of itself, make the order
2unenforceable.
3(D)
end delete
4begin insert(iv)end insert A protective order issued under thisbegin delete paragraphend deletebegin insert subparagraphend insert
5 may require the defendant to be placed on electronic monitoring
6if the local government, with the concurrence of the county sheriff
7or the chief probation officer with jurisdiction, adopts a policy to
8authorize electronic monitoring of defendants and specifies the
9agency with jurisdiction for this
purpose. If the court determines
10that the defendant has the ability to pay for the monitoring program,
11the court shall order the defendant to pay for the monitoring. If
12the court determines that the defendant does not have the ability
13to pay for the electronic monitoring, the court may order electronic
14monitoring to be paid for by the local government that adopted
15the policy to authorize electronic monitoring. The duration of
16electronic monitoring shall not exceed one year from the date the
17order is issued. At no time shall the electronic monitoring be in
18place if the protective order is not in place.
19(2) For purposes of this subdivision, a minor who was not a
20victim of, but who was physically present at the time of, an act of
21domestic violence, is a witness and is deemed to have suffered
22harm within the meaning of paragraph (1).
23(b) A person violating an order made pursuant tobegin delete paragraphs begin insert subparagraphs (A) to (G),end insert inclusive, ofbegin insert paragraph (1)
24(1) to (7),end delete
25ofend insert subdivision (a) may be punished for any substantive offense
26described in Section 136.1, or for a contempt of the court making
27the order. A finding of contempt shall not be a bar to prosecution
28for a violation of Section 136.1. However, a person so held in
29contempt shall be entitled to credit for punishment imposed therein
30against a sentence imposed upon conviction of an offense described
31in Section 136.1. A conviction or acquittal for a substantive offense
32under Section 136.1 shall be a bar to a subsequent punishment for
33
contempt arising out of the same act.
34(c) (1) (A) Notwithstanding subdivision (e), an emergency
35protective order issued pursuant to Chapter 2 (commencing with
36Section 6250) of Part 3 of Division 10 of the Family Code or
37Section 646.91 shall have precedence in enforcement over any
38other restraining or protective order, provided the emergency
39protective order meets all of the following requirements:
P11 1(i) The emergency protective order is issued to protect one or
2more individuals who are already protected persons under another
3restraining or protective order.
4(ii) The emergency protective order restrains the individual who
5is the restrained person in the other restraining or protective order
6specified inbegin delete subparagraph (A).end deletebegin insert
clause (i).end insert
7(iii) The provisions of the emergency protective order are more
8restrictive in relation to the restrained person than are the provisions
9of the other restraining or protective order specified in
10begin delete subparagraph (A).end deletebegin insert clause (i).end insert
11(B) An emergency protective order that meets the requirements
12ofbegin delete paragraph (1)end deletebegin insert subparagraph (A)end insert shall have precedence in
13enforcement over the provisions of any other restraining or
14protective order only with respect to those
provisions of the
15emergency protective order that are more restrictive in relation to
16the restrained person.
17(2) Except as described in paragraph (1), a no-contact order, as
18described in Section 6320 of the Family Code, shall have
19precedence in enforcement over any other restraining or protective
20order.
21(d) (1) A person subject to a protective order issued under this
22section shall not own, possess, purchase,begin insert orend insert receive, or attempt to
23purchase orbegin delete receiveend deletebegin insert receiveend insertbegin insert,end insert
a firearm while the protective order
24is in effect.
25(2) The court shall order a person subject to a protective order
26issued under this section to relinquish any firearms he or she owns
27or possesses pursuant to Section 527.9 of the Code of Civil
28Procedure.
29(3) A person who owns, possesses,begin delete purchasesend deletebegin insert purchases,end insert or
30receives, or attempts to purchase orbegin delete receiveend deletebegin insert receiveend insertbegin insert,end insert a firearm while
31
the protective order is in effect is punishable pursuant to Section
3229825.
33(e) (1) In all casesbegin delete whereend deletebegin insert in whichend insert the defendant is charged
34with a crime of domestic violence, as defined in Section 13700,
35begin insert or a violation of Section 261, 261.5, or 262, or any crime that
36requires the defendant to register pursuant to subdivision (c) of
37Section 290,end insert the court shall consider issuing the above-described
38orders on its own motion. All interested parties shall receive a
39copy of those orders. In order to facilitate this, the court’s records
40of all criminal cases involving domestic violencebegin insert
or a violation of
P12 1Section 261, 261.5, or 262, or any crime that requires the defendant
2to register pursuant to subdivision (c) of Section 290,end insert
shall be
3marked to clearly alert the court to this issue.
4(2) In those cases in which a complaint, information, or
5indictment charging a crime of domestic violence, as defined in
6Section 13700,begin insert or a violation of Section 261, 261.5, or 262, or any
7crime that requires the defendant to register pursuant to
8subdivision (c) of Section 290, end insert has been issued, except as described
9in subdivision (c), a restraining order or protective order against
10the defendant issued by the criminal court in that case has
11precedence in enforcement over a civil court order against the
12defendant.
13(3) Custody and visitation with respect to the defendant and his
14or her minor children may be ordered by a family or juvenile court
15consistent with the protocol
established pursuant to subdivision
16(f), but if ordered after a criminal protective order has been issued
17pursuant to this section, the custody and visitation order shall make
18reference to, and, if there is not an emergency protective order that
19has precedence in enforcement pursuant to paragraph (1) of
20subdivision (c), or a no-contact order, as described in Section 6320
21of the Family Code, acknowledge the precedence of enforcement
22of, an appropriate criminal protective order. On or before July 1,
232014, the Judicial Council shall modify the criminal and civil court
24forms consistent with this subdivision.
25(f) On or before January 1, 2003, the Judicial Council shall
26promulgate a protocol, for adoption by each local court in
27substantially similar terms, to provide for the timely coordination
28of all orders against the same defendant and in favor of the same
29named victim or victims. The protocol shall include, but shall not
30be limited to, mechanisms
for ensuring appropriate communication
31and information sharing between criminal, family, and juvenile
32courts concerning orders and cases that involve the same parties,
33and shall permit a family or juvenile court order to coexist with a
34criminal court protective order subject to the following conditions:
35(1) An order that permits contact between the restrained person
36and his or her children shall provide for the safe exchange of the
37children and shall not contain language either printed or
38handwritten that violates a “no-contact order” issued by a criminal
39court.
P13 1(2) Safety of all parties shall be the courts’ paramount concern.
2The family or juvenile court shall specify the time, day, place, and
3manner of transfer of the child, as provided in Section 3100 of the
4Family Code.
5(g) On or before January 1, 2003, the
Judicial Council shall
6modify the criminal and civil court protective order forms
7consistent with this section.
8(h) begin insert(1)end insertbegin insert end insert In any case in which a complaint, information, or
9indictment charging a crime of domestic violence, as defined in
10Section 13700, has been filed, the court may consider, in
11determining whether good cause exists to issue an order under
12begin insert subparagraph (A) ofend insert paragraph (1) of subdivision (a), the
13underlying nature of the offense charged, and the information
14provided to the court pursuant to Section 273.75.
15(2) In any case in which a complaint, information, or indictment
16charging a violation of Section 261, 261.5, or 262, or any crime
17that requires the defendant to register pursuant to subdivision (c)
18of Section 290, has been filed, the court may consider, in
19determining whether good cause exists to issue an order under
20paragraph (1) of subdivision (a), the underlying nature of the
21offense charged, the defendant’s relationship to the victim, the
22likelihood of continuing harm to the victim, any current restraining
23order or protective order issued by any civil or criminal court
24involving the defendant, and the defendant’s criminal history,
25including, but not limited to, prior convictions for a violation of
26Section 261, 261.5, or 262, or any crime that requires the defendant
27to register pursuant to subdivision (c) of Section 290, or any other
28forms of violence, or any weapons offenses.
29(i) (1) In all cases in which a criminal defendant has been
30convicted of a crime of domestic violence as defined in Section
3113700, a violation of Section 261, 261.5, or 262, or any crime that
32requires the defendant to register pursuant to subdivision (c) of
33Section 290, the court, at the time of sentencing, shall consider
34issuing an order restraining the defendant from any contact with
35the victim. The order may be valid for up to 10 years, as determined
36by the court. This protective order may be issued by the court
37regardless of whether the defendant is sentenced to the state prison
38or a county jail, or whether imposition of sentence is suspended
39and the defendant is placed on probation. It is the intent of the
40Legislature in enacting this subdivision that the duration of any
P14 1restraining order issued by the court be based upon the seriousness
2of the facts before the court, the probability of future violations,
3and the safety of
the victim and his or her immediate family.
4(2) An order under this subdivision may include provisions for
5electronic monitoring if the local government, upon receiving the
6concurrence of the county sheriff or the chief probation officer
7with jurisdiction, adopts a policy authorizing electronic monitoring
8of defendants and specifies the agency with jurisdiction for this
9purpose. If the court determines that the defendant has the ability
10to pay for the monitoring program, the court shall order the
11defendant to pay for the monitoring. If the court determines that
12the defendant does not have the ability to pay for the electronic
13monitoring, the court may order the electronic monitoring to be
14paid for by the local government that adopted the policy authorizing
15electronic monitoring. The duration of the electronic monitoring
16shall not exceed one year from the date the order is issued.
17(j) For purposes of this section, “local government” means the
18county that has jurisdiction over the protective order.
begin insertSection 136.2 of the end insertbegin insertPenal Codeend insertbegin insert, as amended by
20Section 1.5 of Chapter 291 of the Statutes of 2013, is amended to
21read:end insert
(a) begin insert(1)end insertbegin insert end insert Upon a good cause belief that harm to, or
23intimidation or dissuasion of, a victim or witness has occurred or
24is reasonably likely to occur, a court with jurisdiction over a
25criminal matter may issue orders, including, but not limited to, the
26following:
27(1)
end delete
28begin insert(end insertbegin insertA)end insert An order issued pursuant to Section 6320 of the Family
29Code.
30(2)
end delete
31begin insert(end insertbegin insertB)end insert An order that a defendant shall not violate any provision of
32Section 136.1.
33(3)
end delete
34begin insert(end insertbegin insertC)end insert An order that a person before the court other than a
35defendant, including, but not limited to, a subpoenaed witness or
36other person entering the courtroom of the court, shall not violate
37any provisions of Section 136.1.
38(4)
end delete
39begin insert(end insertbegin insertD)end insert An order that a person described in this section shall have
40no communication whatsoever with a specified witness or a victim,
P15 1except through an attorney under reasonable restrictions that the
2court may impose.
3(5)
end delete
4begin insert(end insertbegin insertE)end insert An order calling for a hearing to determine if an order as
5described inbegin delete paragraphs (1) to (4),end deletebegin insert subparagraphs (A) to (D),end insert
6 inclusive, should be issued.
7(6) (A )
end delete
8begin insert(F)end insertbegin insert end insertbegin insert(i)end insert An order that a particular law enforcement agency within
9the jurisdiction of the court provide protection for a victim or a
10witness, or both, or for immediate family members of a victim or
11a witness who reside in the same household as the victim or witness
12or within reasonable proximity of the victim’s or witness’
13household, as determined by the court. The order shall not be made
14without the consent of the law enforcement agency except for
15limited and specified periods of time and upon an express finding
16by the court of a clear and present danger of harm to the victim or
17witness or immediate family members of the victim or witness.
18(B)
end delete
19begin insert(ii)end insert For purposes of this paragraph, “immediate family members”
20include the spouse, children, or parents of the victim or witness.
21(7) (A )
end delete
22begin insert(G)end insertbegin insert end insertbegin insert(i)end insert An order protectingbegin delete victimsend deletebegin insert a victim or witnessend insert of violent
23crime from all contact by the defendant, or contact, with the intent
24to annoy, harass, threaten, or commit acts of violence, by
the
25defendant. The court or its designee shall transmit orders made
26under this paragraph to law enforcement personnel within one
27business day of the issuance, modification, extension, or
28termination of the order, pursuant to subdivision (a) of Section
296380 of the Family Code. It is the responsibility of the court to
30transmit the modification, extension, or termination orders made
31under this paragraph to the same agency that entered the original
32protective order into the Domestic Violence Restraining Order
33System.
34(B) (i )
end delete
35begin insert(ii)end insertbegin insert end insertbegin insert(I)end insert If a
court does not issue an order pursuant to
36begin delete subparagraph (A)end deletebegin insert clause (i)end insert in a case in which the defendant is
37charged with a crimebegin delete ofend deletebegin insert involvingend insert domestic violence as defined in
38Sectionbegin delete 13700,end deletebegin insert
13700 or in Section 6211 of the Family Code, end insert the
39court on its own motion shall consider issuing a protective order
40upon a good cause belief that harm to, or intimidation or dissuasion
P16 1of, a victim or witness has occurred or is reasonably likely to occur,
2that provides as follows:
3(I)
end delete
4begin insert(ia)end insert The defendant shall not own, possess, purchase, receive,
5or attempt to purchase or receive, a firearm while the protective
6order is in effect.
7(II)
end delete
8begin insert(ib)end insert The defendant shall relinquish any firearms that he or she
9owns or possesses pursuant to Section 527.9 of the Code of Civil
10Procedure.
11(ii)
end delete
12begin insert(II)end insert Every person who owns, possesses, purchases, or receives,
13or attempts to purchase or receive, a firearm while this protective
14order is in effect is punishable pursuant to Section 29825.
15(C)
end delete
16begin insert(iii)end insert An order issued, modified, extended, or terminated by a
17court pursuant to thisbegin delete paragraphend deletebegin insert subparagraphend insert shall be issued on
18forms adopted by the Judicial Council of California and that have
19been approved by the Department of Justice pursuant to subdivision
20(i) of Section 6380 of the Family Code. However, the fact that an
21order issued by a court pursuant to this section was not issued on
22forms adopted by the Judicial Council and approved by the
23Department of Justice shall not, in and of itself, make the order
24unenforceable.
25(D)
end delete
26begin insert(iv)end insert A protective order issued under thisbegin delete paragraphend deletebegin insert
subparagraphend insert
27 may require the defendant to be placed on electronic monitoring
28if the local government, with the concurrence of the county sheriff
29or the chief probation officer with jurisdiction, adopts a policy to
30authorize electronic monitoring of defendants and specifies the
31agency with jurisdiction for this purpose. If the court determines
32that the defendant has the ability to pay for the monitoring program,
33the court shall order the defendant to pay for the monitoring. If
34the court determines that the defendant does not have the ability
35to pay for the electronic monitoring, the court may order electronic
36monitoring to be paid for by the local government that adopted
37the policy to authorize electronic monitoring. The duration of
38electronic monitoring shall not exceed one year from the date the
39order is issued. At no time shall the electronic monitoring be in
40place if the protective order is not in place.
P17 1(2) For purposes of this subdivision, a minor who was not a
2victim of, but who was physically present at the time of, an act of
3domestic violence, is a witness and is deemed to have suffered
4harm within the meaning of paragraph (1).
5(b) A person violating an order made pursuant tobegin delete paragraphs begin insert subparagraphs (A) to (G),end insert inclusive, ofbegin insert paragraph (1)
6(1) to (7),end delete
7ofend insert subdivision (a) may be punished for any substantive offense
8described in Section 136.1, or for a contempt of the court making
9the order. A finding of contempt shall not be a bar
to prosecution
10for a violation of Section 136.1. However, a person so held in
11contempt shall be entitled to credit for punishment imposed therein
12against a sentence imposed upon conviction of an offense described
13in Section 136.1. A conviction or acquittal for a substantive offense
14under Section 136.1 shall be a bar to a subsequent punishment for
15contempt arising out of the same act.
16(c) (1) (A) Notwithstanding subdivision (e), an emergency
17protective order issued pursuant to Chapter 2 (commencing with
18Section 6250) of Part 3 of Division 10 of the Family Code or
19Section 646.91 shall have precedence in enforcement over any
20other restraining or protective order, provided the emergency
21protective order meets all of the following requirements:
22(i) The emergency protective order is issued to protect one or
23more individuals who are already
protected persons under another
24restraining or protective order.
25(ii) The emergency protective order restrains the individual who
26is the restrained person in the other restraining or protective order
27specified inbegin delete subparagraph (A).end deletebegin insert clause (i).end insert
28(iii) The provisions of the emergency protective order are more
29restrictive in relation to the restrained person than are the provisions
30of the other restraining or protective order specified in
31begin delete subparagraph (A).end deletebegin insert clause (i).end insert
32(B) An emergency protective order that meets the requirements
33ofbegin delete paragraph (1)end deletebegin insert
subparagraph (A)end insert shall have precedence in
34enforcement over the provisions of any other restraining or
35protective order only with respect to those provisions of the
36emergency protective order that are more restrictive in relation to
37the restrained person.
38(2) Except as described in paragraph (1), a no-contact order, as
39described in Section 6320 of the Family Code, shall have
P18 1precedence in enforcement over any other restraining or protective
2order.
3(d) (1) A person subject to a protective order issued under this
4section shall not own, possess, purchase,begin insert orend insert receive, or attempt to
5purchase orbegin delete receiveend deletebegin insert
receiveend insertbegin insert,end insert a firearm while the protective order
6is in effect.
7(2) The court shall order a person subject to a protective order
8issued under this section to relinquish any firearms he or she owns
9or possesses pursuant to Section 527.9 of the Code of Civil
10Procedure.
11(3) A person who owns, possesses,begin delete purchasesend deletebegin insert purchases,end insert or
12receives, or attempts to purchase orbegin delete receiveend deletebegin insert receiveend insertbegin insert,end insert
a firearm while
13the protective order is in effect is punishable pursuant to Section
1429825.
15(e) (1) In all casesbegin delete whereend deletebegin insert in whichend insert the defendant is charged
16with a crimebegin delete ofend deletebegin insert involvingend insert domestic violence, as defined in Section
17begin delete 13700,end deletebegin insert
13700 or in Section 6211 of the Family Code, end insert the court
18shall consider issuing the above-described orders on its own
19motion. All interested parties shall receive a copy of those orders.
20In order to facilitate this, the court’s records of all criminal cases
21involving domestic violence shall be marked to clearly alert the
22court to this issue.
23(2) In those cases in which a complaint, information, or
24indictment charging a crimebegin delete ofend deletebegin insert involvingend insert domestic violence, as
25defined in Sectionbegin delete 13700,end deletebegin insert
13700 or in Section 6211 of the Family
26Code, end insert
has been issued, except as described in subdivision (c), a
27restraining order or protective order against the defendant issued
28by the criminal court in that case has precedence in enforcement
29over a civil court order against the defendant.
30(3) Custody and visitation with respect to the defendant and his
31or her minor children may be ordered by a family or juvenile court
32consistent with the protocol established pursuant to subdivision
33(f), but if ordered after a criminal protective order has been issued
34pursuant to this section, the custody and visitation order shall make
35reference to, and, if there is not an emergency protective order that
36has precedence in enforcement pursuant to paragraph (1) of
37subdivision (c), or a no-contact order, as described in Section 6320
38of the Family Code, acknowledge the precedence of enforcement
39of, an appropriate criminal protective order. On or before July 1,
P19 12014, the Judicial Council shall
modify the criminal and civil court
2forms consistent with this subdivision.
3(f) On or before January 1, 2003, the Judicial Council shall
4promulgate a protocol, for adoption by each local court in
5substantially similar terms, to provide for the timely coordination
6of all orders against the same defendant and in favor of the same
7named victim or victims. The protocol shall include, but shall not
8be limited to, mechanisms for ensuring appropriate communication
9and information sharing between criminal, family, and juvenile
10courts concerning orders and cases that involve the same parties,
11and shall permit a family or juvenile court order to coexist with a
12criminal court protective order subject to the following conditions:
13(1) An order that permits contact between the restrained person
14and his or her children shall provide for the safe exchange of the
15children and shall not contain
language either printed or
16handwritten that violates a “no-contact order” issued by a criminal
17court.
18(2) Safety of all parties shall be the courts’ paramount concern.
19The family or juvenile court shall specify the time, day, place, and
20manner of transfer of the child, as provided in Section 3100 of the
21Family Code.
22(g) On or before January 1, 2003, the Judicial Council shall
23modify the criminal and civil court protective order forms
24consistent with this section.
25(h) In any case in which a complaint, information, or indictment
26charging a crimebegin delete ofend deletebegin insert involvingend insert domestic violence, as defined in
27Sectionbegin delete 13700,end deletebegin insert
13700 or in Section 6211 of the Family Code, end insert has
28been filed, the court may consider, in determining whether good
29cause exists to issue an order underbegin insert subparagraph (A) ofend insert paragraph
30(1) of subdivision (a), the underlying nature of the offense charged,
31and the information provided to the court pursuant to Section
32273.75.
33(i) (1) In all cases in which a criminal defendant has been
34convicted of a crimebegin delete ofend deletebegin insert involvingend insert domestic violence as defined in
35Sectionbegin delete 13700,end deletebegin insert
13700 or in Section 6211 of the Family Code, end insert a
36violation of Section 261, 261.5, or 262, or any crime that requires
37the defendant to register pursuant to subdivision (c) of Section
38290, the court, at the time of sentencing, shall consider issuing an
39order restraining the defendant from any contact with the victim.
40The order may be valid for up to 10 years, as determined by the
P20 1court. This protective order may be issued by the court regardless
2of whether the defendant is sentenced to the state prison or a county
3jail, or whether imposition of sentence is suspended and the
4defendant is placed on probation. It is the intent of the Legislature
5in enacting this subdivision that the duration of any restraining
6order issued by the court be based upon the seriousness of the facts
7before the court, the probability of future violations, and the safety
8of the victim and his or her immediate family.
9(2) An order under this subdivision may include provisions for
10electronic monitoring if the local government, upon receiving the
11concurrence of the county sheriff or the chief probation officer
12with jurisdiction, adopts a policy authorizing electronic monitoring
13of defendants and specifies the agency with jurisdiction for this
14purpose. If the court determines that the defendant has the ability
15to pay for the monitoring program, the court shall order the
16defendant to pay for the monitoring. If the court determines that
17the defendant does not have the ability to pay for the electronic
18monitoring, the court may order the electronic monitoring to be
19paid for by the local government that adopted the policy authorizing
20electronic monitoring. The duration of the electronic monitoring
21shall not exceed one year from the date the order is issued.
22(j) For purposes of this section, “local
government” means the
23county that has jurisdiction over the protective order.
begin insertSection 136.2 of the end insertbegin insertPenal Codeend insertbegin insert, as amended by
25Section 1.5 of Chapter 291 of the Statutes of 2013, is amended to
26read:end insert
(a) begin insert(1)end insertbegin insert end insert Upon a good cause belief that harm to, or
28intimidation or dissuasion of, a victim or witness has occurred or
29is reasonably likely to occur, a court with jurisdiction over a
30criminal matter may issue orders, including, but not limited to, the
31following:
32(1)
end delete
33begin insert(end insertbegin insertA)end insert An order issued pursuant to Section 6320 of the Family
34Code.
35(2)
end delete
36begin insert(end insertbegin insertB)end insert An order that a defendant shall not violate any provision of
37Section 136.1.
38(3)
end delete
39begin insert(end insertbegin insertC)end insert An order that a person before the court other than a
40defendant, including, but not limited to, a subpoenaed witness or
P21 1other person entering the courtroom of the court, shall not violate
2any provisions of Section 136.1.
3(4)
end delete
4begin insert(end insertbegin insertD)end insert An order that a person described in this section shall have
5no communication whatsoever with a specified witness or a victim,
6except through an attorney under reasonable restrictions that the
7court may impose.
8(5)
end delete
9begin insert(end insertbegin insertE)end insert An order calling for a hearing to determine if an order as
10described inbegin delete paragraphs (1) to (4),end deletebegin insert subparagraphs (A) to (D),end insert
11 inclusive, should be issued.
12(6) (A )
end delete
13begin insert(F)end insertbegin insert end insertbegin insert(i)end insert An order that a particular law enforcement agency within
14the jurisdiction of the court provide protection for a victim or a
15witness, or both, or for immediate family members of a victim or
16a witness who reside in the same household as the victim or witness
17or within reasonable proximity of the victim’s or witness’
18household, as determined by the court. The order shall not be made
19without the consent of the law enforcement agency except for
20limited and specified periods of time and upon an express finding
21by the court of a clear and present danger of harm to the victim or
22witness or immediate family members of the victim or witness.
23(B)
end delete
24begin insert(ii)end insert For purposes of this paragraph, “immediate family members”
25include the spouse, children, or parents of the victim or witness.
26(7) (A )
end delete
27begin insert(G)end insertbegin insert end insertbegin insert(i)end insert An order protectingbegin delete victimsend deletebegin insert a victim or witnessend insert of violent
28crime from all contact by the defendant, or contact, with the intent
29to annoy, harass, threaten, or commit acts of violence, by
the
30defendant. The court or its designee shall transmit orders made
31under this paragraph to law enforcement personnel within one
32business day of the issuance, modification, extension, or
33termination of the order, pursuant to subdivision (a) of Section
346380 of the Family Code. It is the responsibility of the court to
35transmit the modification, extension, or termination orders made
36under this paragraph to the same agency that entered the original
37protective order into the Domestic Violence Restraining Order
38System.
39(B) (i )
end delete
P22 1begin insert(ii)end insertbegin insert end insertbegin insert(I)end insert If a
court does not issue an order pursuant to
2begin delete subparagraph (A)end deletebegin insert clause (i)end insert in a case in which the defendant is
3charged with a crimebegin delete ofend deletebegin insert involvingend insert
domestic violence as defined in
4Sectionbegin delete 13700,end deletebegin insert 13700 or in Section 6211 of the Family Code, end insert the
5court on its own motion shall consider issuing a protective order
6upon a good cause belief that harm to, or intimidation or dissuasion
7of, a victim or witness has occurred or is reasonably likely to occur,
8that provides as follows:
9(I)
end delete
10begin insert(ia)end insert The defendant shall not own, possess, purchase, receive,
11or attempt to purchase or receive, a firearm
while the protective
12order is in effect.
13(II)
end delete
14begin insert(ib)end insert The defendant shall relinquish any firearms that he or she
15owns or possesses pursuant to Section 527.9 of the Code of Civil
16Procedure.
17(ii)
end delete
18begin insert(II)end insert Every person who owns, possesses, purchases, or receives,
19or attempts to purchase or receive, a firearm while this protective
20order is in effect is
punishable pursuant to Section 29825.
21(C)
end delete
22begin insert(iii)end insert An order issued, modified, extended, or terminated by a
23court pursuant to thisbegin delete paragraphend deletebegin insert
subparagraphend insert shall be issued on
24forms adopted by the Judicial Council of California and that have
25been approved by the Department of Justice pursuant to subdivision
26(i) of Section 6380 of the Family Code. However, the fact that an
27order issued by a court pursuant to this section was not issued on
28forms adopted by the Judicial Council and approved by the
29Department of Justice shall not, in and of itself, make the order
30unenforceable.
31(D)
end delete
32begin insert(iv)end insert A protective order issued under thisbegin delete paragraphend deletebegin insert
subparagraphend insert
33 may require the defendant to be placed on electronic monitoring
34if the local government, with the concurrence of the county sheriff
35or the chief probation officer with jurisdiction, adopts a policy to
36authorize electronic monitoring of defendants and specifies the
37agency with jurisdiction for this purpose. If the court determines
38that the defendant has the ability to pay for the monitoring program,
39the court shall order the defendant to pay for the monitoring. If
40the court determines that the defendant does not have the ability
P23 1to pay for the electronic monitoring, the court may order electronic
2monitoring to be paid for by the local government that adopted
3the policy to authorize electronic monitoring. The duration of
4electronic monitoring shall not exceed one year from the date the
5order is issued. At no time shall the electronic monitoring be in
6place if the protective order is not in place.
7(2) For purposes of this subdivision, a minor who was not a
8victim of, but who was physically present at the time of, an act of
9domestic violence, is a witness and is deemed to have suffered
10harm within the meaning of paragraph (1).
11(b) A person violating an order made pursuant tobegin delete paragraphs begin insert subparagraphs (A) to (G),end insert inclusive, ofbegin insert paragraph (1)
12(1) to (7),end delete
13ofend insert subdivision (a) may be punished for any substantive offense
14described in Section 136.1, or for a contempt of the court making
15the order. A finding of contempt shall not be a bar
to prosecution
16for a violation of Section 136.1. However, a person so held in
17contempt shall be entitled to credit for punishment imposed therein
18against a sentence imposed upon conviction of an offense described
19in Section 136.1. A conviction or acquittal for a substantive offense
20under Section 136.1 shall be a bar to a subsequent punishment for
21contempt arising out of the same act.
22(c) (1) (A) Notwithstanding subdivision (e), an emergency
23protective order issued pursuant to Chapter 2 (commencing with
24Section 6250) of Part 3 of Division 10 of the Family Code or
25Section 646.91 shall have precedence in enforcement over any
26other restraining or protective order, provided the emergency
27protective order meets all of the following requirements:
28(i) The emergency protective order is issued to protect one or
29more individuals who are already
protected persons under another
30restraining or protective order.
31(ii) The emergency protective order restrains the individual who
32is the restrained person in the other restraining or protective order
33specified inbegin delete subparagraph (A).end deletebegin insert
clause (i).end insert
34(iii) The provisions of the emergency protective order are more
35restrictive in relation to the restrained person than are the provisions
36of the other restraining or protective order specified in
37begin delete subparagraph (A).end deletebegin insert clause (i).end insert
38(B) An emergency protective order that meets the requirements
39ofbegin delete paragraph (1)end deletebegin insert subparagraph (A)end insert shall have precedence in
40enforcement over the provisions of any other restraining or
P24 1protective order only with respect to those
provisions of the
2emergency protective order that are more restrictive in relation to
3the restrained person.
4(2) Except as described in paragraph (1), a no-contact order, as
5described in Section 6320 of the Family Code, shall have
6precedence in enforcement over any other restraining or protective
7order.
8(d) (1) A person subject to a protective order issued under this
9section shall not own, possess, purchase,begin insert orend insert receive, or attempt to
10purchase orbegin delete receiveend deletebegin insert receiveend insertbegin insert,end insert
a firearm while the protective order
11is in effect.
12(2) The court shall order a person subject to a protective order
13issued under this section to relinquish any firearms he or she owns
14or possesses pursuant to Section 527.9 of the Code of Civil
15Procedure.
16(3) A person who owns, possesses,begin delete purchasesend deletebegin insert purchases,end insert or
17receives, or attempts to purchase orbegin delete receiveend deletebegin insert receive,end insert a firearm while
18the protective order is in effect is punishable pursuant to Section
1929825.
20(e) (1) In all casesbegin delete whereend deletebegin insert in whichend insert the defendant is charged
21with a crimebegin delete ofend deletebegin insert
involvingend insert domestic violence, as defined in Section
22begin delete 13700,end deletebegin insert 13700 or in Section 6211 of the Family Code, or a violation
23of Section 261, 261.5, or 262, or any crime that requires the
24defendant to register pursuant to subdivision (c) of Section 290, end insert
25 the court shall consider issuing the above-described orders on its
26own motion. All interested parties shall receive a copy of those
27orders. In order to facilitate this, the court’s records of all criminal
28cases involving domestic violencebegin insert or a violation of Section 261,
29261.5, or 262, or any crime that requires the defendant to register
30pursuant to subdivision (c) of Section 290end insertbegin insert,
end insert shall be marked to
31clearly alert the court to this issue.
32(2) In those cases in which a complaint, information, or
33indictment charging a crimebegin delete ofend deletebegin insert involvingend insert domestic violence, as
34defined in Sectionbegin delete 13700,end deletebegin insert 13700 or in Section 6211 of the Family
35Code, or a violation of Section 261, 261.5, or 262, or any crime
36that requires the defendant to register pursuant to subdivision (c)
37of Section 290, end insert has been issued, except as described in subdivision
38(c), a
restraining order or protective order against the defendant
39issued by the criminal court in that case has precedence in
40enforcement over a civil court order against the defendant.
P25 1(3) Custody and visitation with respect to the defendant and his
2or her minor children may be ordered by a family or juvenile court
3consistent with the protocol established pursuant to subdivision
4(f), but if ordered after a criminal protective order has been issued
5pursuant to this section, the custody and visitation order shall make
6reference to, and, if there is not an emergency protective order that
7has precedence in enforcement pursuant to paragraph (1) of
8subdivision (c), or a no-contact order, as described in Section 6320
9of the Family Code, acknowledge the precedence of enforcement
10of, an appropriate criminal protective order. On or before July 1,
112014, the Judicial Council shall modify the criminal and civil court
12forms consistent with this subdivision.
13(f) On or before January 1, 2003, the Judicial Council shall
14promulgate a protocol, for adoption by each local court in
15substantially similar terms, to provide for the timely coordination
16of all orders against the same defendant and in favor of the same
17named victim or victims. The protocol shall include, but shall not
18be limited to, mechanisms for ensuring appropriate communication
19and information sharing between criminal, family, and juvenile
20courts concerning orders and cases that involve the same parties,
21and shall permit a family or juvenile court order to coexist with a
22criminal court protective order subject to the following conditions:
23(1) An order that permits contact between the restrained person
24and his or her children shall provide for the safe exchange of the
25children and shall not contain language either printed or
26handwritten that violates a “no-contact order” issued
by a criminal
27court.
28(2) Safety of all parties shall be the courts’ paramount concern.
29The family or juvenile court shall specify the time, day, place, and
30manner of transfer of the child, as provided in Section 3100 of the
31Family Code.
32(g) On or before January 1, 2003, the Judicial Council shall
33modify the criminal and civil court protective order forms
34consistent with this section.
35(h) begin insert(1)end insertbegin insert end insert In any case in which a complaint, information, or
36indictment charging a crimebegin delete ofend deletebegin insert
involvingend insert domestic violence, as
37defined in Sectionbegin delete 13700,end deletebegin insert
13700 or in Section 6211 of the Family
38Code,end insert has been filed, the court may consider, in determining
39whether good cause exists to issue an order underbegin insert subparagraph
40(A) ofend insert paragraph (1) of subdivision (a), the underlying nature of
P26 1the offense charged, and the information provided to the court
2pursuant to Section 273.75.
3(2) In any case in which a complaint, information, or indictment
4charging a violation of Section 261, 261.5, or 262, or any crime
5that requires the defendant to register pursuant to subdivision (c)
6of Section 290, has been filed, the court may consider, in
7
determining whether good cause exists to issue an order under
8paragraph (1) of subdivision (a), the underlying nature of the
9offense charged, the defendant’s relationship to the victim, the
10likelihood of continuing harm to the victim, any current restraining
11order or protective order issued by any civil or criminal court
12involving the defendant, and the defendant’s criminal history,
13including, but not limited to, prior convictions for a violation of
14Section 261, 261.5, or 262, or any crime that requires the defendant
15to register pursuant to subdivision (c) of Section 290, or any other
16forms of violence, or any weapons offenses.
17(i) (1) In all cases in which a criminal defendant has been
18convicted of a crimebegin delete ofend deletebegin insert
involvingend insert
domestic violence as defined in
19Sectionbegin delete 13700,end deletebegin insert 13700 or in Section 6211 of the Family Code, end insert a
20violation of Section 261, 261.5, or 262, or any crime that requires
21the defendant to register pursuant to subdivision (c) of Section
22290, the court, at the time of sentencing, shall consider issuing an
23order restraining the defendant from any contact with the victim.
24The order may be valid for up to 10 years, as determined by the
25court. This protective order may be issued by the court regardless
26of whether the defendant is sentenced to the state prison or a county
27jail, or whether imposition of sentence is suspended and the
28defendant is placed on probation. It is the intent of the Legislature
29in enacting this subdivision that the duration of any restraining
30order issued by the
court be based upon the seriousness of the facts
31before the court, the probability of future violations, and the safety
32of the victim and his or her immediate family.
33(2) An order under this subdivision may include provisions for
34electronic monitoring if the local government, upon receiving the
35concurrence of the county sheriff or the chief probation officer
36with jurisdiction, adopts a policy authorizing electronic monitoring
37of defendants and specifies the agency with jurisdiction for this
38purpose. If the court determines that the defendant has the ability
39to pay for the monitoring program, the court shall order the
40defendant to pay for the monitoring. If the court determines that
P27 1the defendant does not have the ability to pay for the electronic
2monitoring, the court may order the electronic monitoring to be
3paid for by the local government that adopted the policy authorizing
4electronic monitoring. The duration of the electronic monitoring
5
shall not exceed one year from the date the order is issued.
6(j) For purposes of this section, “local government” means the
7county that has jurisdiction over the protective order.
(a) Section 1.1 of this bill incorporates amendments
9to Section 136.2 of the Penal Code proposed by both this bill and
10Assembly Bill 1498. It shall only become operative if (1) both bills
11are enacted and become effective on or before January 1, 2015,
12(2) each bill amends Section 136.2 of the Penal Code, and (3)
13Senate Bill 910 is not enacted or as enacted does not amend that
14section, and (4) this bill is enacted after Assembly Bill 1498, in
15which case Sections 1, 1.2,
and 1.3 of this bill shall not become
16operative.
17(b) Section 1.2 of this bill incorporates amendments to Section
18136.2 of the Penal Code proposed by both this bill and Senate Bill
19910. It shall only become operative if (1) both bills are enacted
20and become effective on or before January 1, 2015, (2) each bill
21amends Section 136.2 of the Penal Code, (3) Assembly Bill 1498
22is not enacted or as enacted does not amend that section, and (4)
23this bill is enacted after Senate Bill 910 in which case Sections 1,
241.1, and 1.3 of this bill shall not become operative.
25(c) Section 1.3 of this bill incorporates amendments to Section
26136.2 of the Penal Code proposed by this bill, Assembly Bill 1498,
27and Senate Bill 910. It shall only become operative if (1) all three
28bills are enacted and become effective on or before January 1,
292015, (2) all three bills amend Section 136.2 of the Penal Code,
30
and (3) this bill is enacted after Assembly Bill 1498 and Senate
31Bill 910, in which case Sections 1, 1.1, and 1.2 of this bill shall
32not become operative.
No reimbursement is required by this act pursuant to
35Section 6 of Article XIII B of the California Constitution because
36the only costs that may be incurred by a local agency or school
37district will be incurred because this act creates a new crime or
38infraction, eliminates a crime or infraction, or changes the penalty
39for a crime or infraction, within the meaning of Section 17556 of
40the Government Code, or changes the definition of a crime within
P28 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
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96