BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1850
                                                                  Page  1

          Date of Hearing:   April 9, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   AB 1850 (Waldron) - As Amended:  March 17, 2014 

          Policy Committee:                              Public  
          SafetyVote:  7-0                               

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

           SUMMARY  

          This bill specifies that a minor who was not a victim, but was  
          present or "located near," an act of domestic violence, is a  
          witness and is deemed to have suffered harm for the purposes of  
          issuing a protective order in a pending criminal case.

           FISCAL EFFECT  

          Minor absorbable trial court costs to the extent this bill  
          results in an increase in protective orders. 

          It appears that in most cases the court could currently issue a  
          protective order in these cases, based upon a good cause belief  
          that a victim or witness may suffer harm. While this bill deems  
          the harm to exist, the court retains the prerogative to issue a  
          protective order.  

           COMMENTS  

           1)Rationale  . According to the author, AB 1850 states a child's  
            presence during an act of domestic violence makes the child a  
            witness and deems that the child has suffered harm, thereby  
            clarifying that courts may issue protective orders for such  
            children. The author's intent is to protect infants and young  
            children who cannot vocalize or otherwise testify about the  
            harm they suffered. 

           2)Current law  authorizes the court in a criminal case to issue  
            protective orders when there is good cause to believe that  
            harm to, or intimidation or dissuasion of a victim or witness  
            has occurred or is reasonably likely to occur, and  requires a  








                                                                  AB 1850
                                                                  Page  2

            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.  

           3)Concerns  . California Attorneys for Criminal Justice contend  
            courts may already issue protective orders for children who  
            have been, or may be, harmed, and that the "located near"  
            language is vague, leading to "standard-less results." 

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