SB 910, as amended, Pavley. Domestic violence: restraining orders.
Existing law authorizes a court to issue specified protective orders upon a good cause belief that harm to, or intimidation or dissuasion of, a victim has occurred or is reasonably likely to occur. Existing law requires the court to consider issuing those protective orders in cases in which the defendant is charged with a crime of domestic violence. Existing law provides that in determining whether good cause exists to issue those orders in domestic violence cases, the court may consider the underlying nature of the offense charged and information provided to the court pursuant to a criminal history search, as specified. Existing law also requires the court, in cases in which the defendant was convicted of a crime of domestic violence, to consider issuing an order restraining the defendant from any contact with the victim for a period of up to 10 years. For the purposes of these provisions, domestic violence includes abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. The violation of a restraining order issued pursuant to these provisions is a crime.
This bill would, for the purposes of these provisions, expand the definition of domestic violence to include abuse perpetrated against a child of a party to the domestic violence proceedings or a child who is the subject of an action under the Uniform Parentage Act, as specified, or against any other person related to the defendant by consanguinity or affinity within the 2nd degree. 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 AB 1850, 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
2
2begin delete Chapter 291end deletebegin insert Section 1.5end insert of begin deletethe Statutesend deletebegin insert
Chapter 291end insert ofbegin insert the Statutes
3ofend insert 2013, is amended to read:
(a) 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(1) An order issued pursuant to Section 6320 of the Family
10Code.
11(2) An order that a defendant shall not violate any provision of
12Section 136.1.
13(3) 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) An order that a person described in this section shall have
18no communication whatsoever with a specified witness or a victim,
P3 1except through an attorney under reasonable restrictions that the
2court may impose.
3(5) An order calling for a hearing to determine if an order as
4described in paragraphs (1) to (4), inclusive, should be issued.
5(6) (A) An order that a particular law enforcement agency
6within the jurisdiction of the court provide protection for a victim
7or a witness, or both, or for immediate family members of a victim
8or a witness who reside in the same household as the victim or
9witness or within reasonable proximity of the
victim’s or witness’
10household, as determined by the court. The order shall not be made
11without the consent of the law enforcement agency except for
12limited and specified periods of time and upon an express finding
13by the court of a clear and present danger of harm to the victim or
14witness or immediate family members of the victim or witness.
15(B) For purposes of this paragraph, “immediate family
16members” include the spouse, children, or parents of the victim
17or witness.
18(7) (A) An order protecting victims of violent crime from all
19contact by the defendant, or contact, with the intent to annoy,
20harass, threaten, or commit acts of violence, by the defendant. The
21court or its designee shall transmit orders made under this
22paragraph to law enforcement personnel within
one business day
23of the issuance, modification, extension, or termination of the
24order, pursuant to subdivision (a) of Section 6380 of the Family
25Code. It is the responsibility of the court to transmit the
26modification, extension, or termination orders made under this
27paragraph to the same agency that entered the original protective
28order into the Domestic Violence Restraining Order System.
29(B) (i) If a court does not issue an order pursuant to
30subparagraph (A) in a case in which the defendant is charged with
31a crime involving domestic violence as defined in Section 13700
32or in Section 6211 of the Family Code, the court on its own motion
33shall consider issuing a protective order upon a good cause belief
34that harm to, or intimidation or dissuasion of, a victim or witness
35has occurred or is reasonably likely to occur, that
provides as
36follows:
37(I) The defendant shall not own, possess, purchase, receive, or
38attempt to purchase or receive, a firearm while the protective order
39is in effect.
P4 1(II) The defendant shall relinquish any firearms that he or she
2owns or possesses pursuant to Section 527.9 of the Code of Civil
3Procedure.
4(ii) Every person who owns, possesses, purchases, or receives,
5or attempts to purchase or receive, a firearm while this protective
6order is in effect is punishable pursuant to Section 29825.
7(C) An order issued, modified, extended, or terminated by a
8court pursuant to this paragraph shall be issued on forms adopted
9by the Judicial Council of
California and that have been approved
10by the Department of Justice pursuant to subdivision (i) of Section
116380 of the Family Code. However, the fact that an order issued
12by a court pursuant to this section was not issued on forms adopted
13by the Judicial Council and approved by the Department of Justice
14shall not, in and of itself, make the order unenforceable.
15(D) A protective order issued under this paragraph may require
16the defendant to be placed on electronic monitoring if the local
17government, with the concurrence of the county sheriff or the chief
18probation officer with jurisdiction, adopts a policy to authorize
19electronic monitoring of defendants and specifies the agency with
20jurisdiction for this purpose. If the court determines that the
21defendant has the ability to pay for the monitoring program, the
22court shall order the defendant to
pay for the monitoring. If the
23court determines that the defendant does not have the ability to
24pay for the electronic monitoring, the court may order electronic
25monitoring to be paid for by the local government that adopted
26the policy to authorize electronic monitoring. The duration of
27electronic monitoring shall not exceed one year from the date the
28order is issued. At no time shall the electronic monitoring be in
29place if the protective order is not in place.
30(b) A person violating an order made pursuant to paragraphs
31(1) to (7), inclusive, of subdivision (a) may be punished for any
32substantive offense described in Section 136.1, or for a contempt
33of the court making the order. A finding of contempt shall not be
34a bar to prosecution for a violation of Section 136.1. However, a
35person so held in contempt shall be entitled to credit for
punishment
36imposed therein against a sentence imposed upon conviction of
37an offense described in Section 136.1. A conviction or acquittal
38for a substantive offense under Section 136.1 shall be a bar to a
39subsequent punishment for contempt arising out of the same act.
P5 1(c) (1) (A) Notwithstanding subdivision (e), an emergency
2protective order issued pursuant to Chapter 2 (commencing with
3Section 6250) of Part 3 of Division 10 of the Family Code or
4Section 646.91 shall have precedence in enforcement over any
5other restraining or protective order, provided the emergency
6protective order meets all of the following requirements:
7(i) The emergency protective order is issued to protect one or
8more individuals who are already protected persons under
another
9restraining or protective order.
10(ii) The emergency protective order restrains the individual who
11is the restrained person in the other restraining or protective order
12specified inbegin delete subparagraph (A).end deletebegin insert clause (i).end insert
13(iii) The provisions of the emergency protective order are more
14restrictive in relation to the restrained person than are the provisions
15of the other restraining or protective order specified in
16begin deletesubparagraph (A).end deletebegin insert clause (i).end insert
17(B) An emergency protective order that meets the requirements
18ofbegin delete paragraph (1)end deletebegin insert subparagraph (A)end insert shall have precedence in
19enforcement over the provisions of any other restraining or
20protective order only with respect to those provisions of the
21emergency protective order that are more restrictive in relation to
22the restrained person.
23(2) Except as described in paragraph (1), a no-contact order, as
24described in Section 6320 of the Family Code, shall have
25precedence in enforcement over any other restraining or protective
26order.
27(d) (1) A
person subject to a protective order issued under this
28section shall not own, possess, purchase,begin insert orend insert receive, or attempt to
29purchase orbegin delete receiveend deletebegin insert receiveend insertbegin insert,end insert a firearm while the protective order
30is in effect.
31(2) The court shall order a person subject to a protective order
32issued under this section to relinquish any firearms he or she owns
33or possesses pursuant to Section 527.9 of the Code of Civil
34Procedure.
35(3) A person who owns,
possesses,begin delete purchasesend deletebegin insert purchases,end insert
or
36receives, or attempts to purchase orbegin delete receiveend deletebegin insert receiveend insertbegin insert,end insert a firearm while
37the protective order is in effect is punishable pursuant to Section
3829825.
39(e) (1) In all casesbegin delete whereend deletebegin insert in whichend insert the defendant is charged
40with a crime involving domestic violence, as defined in Section
P6 113700 or in Section 6211 of the Family Code, the court shall
2consider issuing the above-described orders
on its own motion.
3All interested parties shall receive a copy of those orders. In order
4to facilitate this, the court’s records of all criminal cases involving
5domestic violence shall be marked to clearly alert the court to this
6issue.
7(2) In those cases in which a complaint, information, or
8indictment charging a crime involving domestic violence, as
9defined in Section 13700 or in Section 6211 of the Family Code,
10has been issued, except as described in subdivision (c), a restraining
11order or protective order against the defendant issued by the
12criminal court in that case has precedence in enforcement over a
13civil court order against the defendant.
14(3) Custody and visitation with respect to the defendant and his
15or her minor children may be ordered by a family or juvenile court
16
consistent with the protocol established pursuant to subdivision
17(f), but if ordered after a criminal protective order has been issued
18pursuant to this section, the custody and visitation order shall make
19reference to, and, if there is not an emergency protective order that
20has precedence in enforcement pursuant to paragraph (1) of
21subdivision (c), or a no-contact order, as described in Section 6320
22of the Family Code, acknowledge the precedence of enforcement
23of, an appropriate criminal protective order. On or before July 1,
242014, the Judicial Council shall modify the criminal and civil court
25forms consistent with this subdivision.
26(f) On or before January 1, 2003, the Judicial Council shall
27promulgate a protocol, for adoption by each local court in
28substantially similar terms, to provide for the timely coordination
29of all orders
against the same defendant and in favor of the same
30named victim or victims. The protocol shall include, but shall not
31be limited to, mechanisms for ensuring appropriate communication
32and information sharing between criminal, family, and juvenile
33courts concerning orders and cases that involve the same parties,
34and shall permit a family or juvenile court order to coexist with a
35criminal court protective order subject to the following conditions:
36(1) An order that permits contact between the restrained person
37and his or her children shall provide for the safe exchange of the
38children and shall not contain language either printed or
39handwritten that violates a “no-contact order” issued by a criminal
40court.
P7 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) In any case in which a complaint, information, or indictment
9charging a crime involving domestic violence, as defined in Section
1013700 or in Section 6211 of the Family Code, has been filed, the
11court may consider, in determining whether good cause exists to
12issue an order under 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(i) (1) In all cases in which a criminal defendant has been
16convicted of a crime involving domestic violence as defined in
17Section 13700 or in Section 6211 of the Family Code, a violation
18of Section 261, 261.5, or 262, or any crime that requires the
19defendant to register pursuant to subdivision (c) of Section 290,
20the court, at the time of sentencing, shall consider issuing an order
21restraining the defendant from any contact with the victim. The
22order may be valid for up to 10 years, as determined by the court.
23This protective order may be issued by the court regardless of
24whether the defendant is sentenced to the state prison or a county
25jail, or whether imposition of sentence is suspended and the
26defendant is placed on probation. It is the intent of the Legislature
27in enacting this subdivision that the duration of any restraining
28order issued by the court be based upon the
seriousness of the facts
29before the court, the probability of future violations, and the safety
30of the victim and his or her immediate family.
31(2) An order under this subdivision may include provisions for
32electronic monitoring if the local government, upon receiving the
33concurrence of the county sheriff or the chief probation officer
34with jurisdiction, adopts a policy authorizing electronic monitoring
35of defendants and specifies the agency with jurisdiction for this
36purpose. If the court determines that the defendant has the ability
37to pay for the monitoring program, the court shall order the
38defendant to pay for the monitoring. If the court determines that
39the defendant does not have the ability to pay for the electronic
40monitoring, the court may order the electronic monitoring to be
P8 1paid for by the local government that adopted the policy
authorizing
2electronic monitoring. The duration of the electronic monitoring
3shall not exceed one year from the date the order is issued.
4(j) For purposes of this section, “local government” means the
5county that has jurisdiction over the protective order.
begin insertSection 136.2 of the end insertbegin insertPenal Codeend insertbegin insert, as amended by
7Section 1.5 of Chapter 291 of the
Statutes of 2013, is amended to
8read:end insert
(a) Upon a good cause belief that harm to, or
10intimidation or dissuasion of, a victim or witness has occurred or
11is reasonably likely to occur, a court with jurisdiction over a
12criminal matter may issue orders, including, but not limited to, the
13following:
14(1) An order issued pursuant to Section 6320 of the Family
15Code.
16(2) An order that a defendant shall not violate any provision of
17Section 136.1.
18(3) An order that a person before the court other than a
19defendant, including, but not limited to, a subpoenaed witness or
20other person entering the courtroom of the court, shall not violate
21any provisions of Section 136.1.
22(4) An order that a person described in this section shall have
23no communication whatsoever with a specified witness or a victim,
24except through an attorney under reasonable restrictions that the
25court may impose.
26(5) An order calling for a hearing to determine if an order as
27described in paragraphs (1) to (4), inclusive, should be issued.
28(6) (A) An order that a particular law enforcement agency
29within the jurisdiction of the court provide protection for a victim
30or a witness, or both, or for immediate family members of a victim
31or a witness who reside in the same household as the victim or
32witness or within reasonable proximity of the victim’s or witness’
33household, as determined by the court. The order shall not be made
34without the consent of the law enforcement agency except for
35limited and
specified periods of time and upon an express finding
36by the court of a clear and present danger of harm to the victim or
37witness or immediate family members of the victim or witness.
38(B) For purposes of this paragraph, “immediate family
39members” include the spouse, children, or parents of the victim
40or witness.
P9 1(7) (A) An order protecting victims of violent crime from all
2contact by the defendant, or contact, with the intent to annoy,
3harass, threaten, or commit acts of violence, by the defendant. The
4court or its designee shall transmit orders made under this
5paragraph to law enforcement personnel within one business day
6of the issuance, modification, extension, or termination of the
7order, pursuant to subdivision (a) of Section 6380 of the Family
8Code. It is the responsibility of the court to transmit the
9modification, extension, or termination orders made
under this
10paragraph to the same agency that entered the original protective
11order into the Domestic Violence Restraining Order System.
12(B) (i) If a court does not issue an order pursuant to
13subparagraph (A) in a case in which the defendant is charged with
14a crimebegin delete ofend deletebegin insert
involvingend insert domestic violence as defined in Sectionbegin delete 13700,end delete
15begin insert 13700 or in Section 6211 of the Family Code, end insert the court on its own
16motion shall consider issuing a protective order upon a good cause
17belief that harm to, or intimidation or dissuasion of, a victim or
18witness has occurred or is reasonably likely to occur, that provides
19as follows:
20(I) The defendant shall not own, possess, purchase, receive, or
21attempt to purchase or receive, a firearm while the protective order
22is in effect.
23(II) The defendant shall relinquish any firearms that he or she
24owns or possesses pursuant to Section 527.9 of the Code of Civil
25Procedure.
26(ii) Every person who owns, possesses, purchases, or receives,
27or attempts to purchase or receive, a firearm while this protective
28order is in effect is punishable pursuant to Section 29825.
29(C) An order issued, modified, extended, or terminated by a
30court pursuant to this paragraph shall be issued on forms adopted
31by the Judicial Council of California and that have been approved
32by the Department of Justice pursuant to subdivision (i) of Section
336380 of the Family Code. However, the fact that an order issued
34by a court pursuant to this section was not issued on forms adopted
35by the Judicial Council and approved by the Department of Justice
36shall not, in and of itself, make the order unenforceable.
37(D) A protective order issued under this paragraph may require
38the defendant to be placed on electronic monitoring if the
local
39government, with the concurrence of the county sheriff or the chief
40probation officer with jurisdiction, adopts a policy to authorize
P10 1electronic monitoring of defendants and specifies the agency with
2jurisdiction for this purpose. If the court determines that the
3defendant has the ability to pay for the monitoring program, the
4court shall order the defendant to pay for the monitoring. If the
5court determines that the defendant does not have the ability to
6pay for the electronic monitoring, the court may order electronic
7monitoring to be paid for by the local government that adopted
8the policy to authorize electronic monitoring. The duration of
9electronic monitoring shall not exceed one year from the date the
10order is issued. At no time shall the electronic monitoring be in
11place if the protective order is not in place.
12(b) A person violating an order made pursuant to paragraphs
13(1) to (7), inclusive, of subdivision (a) may be punished for
any
14substantive offense described in Section 136.1, or for a contempt
15of the court making the order. A finding of contempt shall not be
16a bar to prosecution for a violation of Section 136.1. However, a
17person so held in contempt shall be entitled to credit for punishment
18imposed therein against a sentence imposed upon conviction of
19an offense described in Section 136.1. A conviction or acquittal
20for a substantive offense under Section 136.1 shall be a bar to a
21subsequent punishment for contempt 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
P11 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 receiveend insertbegin insert,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 290, 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.
P12 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 under paragraph (1)
40of subdivision (a), the underlying nature of the offense charged,
P13 1and the information provided to the court pursuant to Section
2273.75.
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
7determining 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
P14 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
5shall 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.
begin insertSection 136.2 of the end insertbegin insertPenal Codeend insertbegin insert, as amended by
9Section 1.5 of Chapter 291 of the Statutes of 2013, is amended to
10read:end insert
(a) begin insert(1)end insertbegin insert end insert Upon a good cause belief that harm to, or
12intimidation or dissuasion of, a victim or witness has occurred or
13is reasonably likely to occur, a court with jurisdiction over a
14criminal matter may issue orders, including, but not limited to, the
15following:
16(1)
end delete
17begin insert(end insertbegin insertA)end insert An order issued pursuant to Section 6320 of the Family
18Code.
19(2)
end delete
20begin insert(end insertbegin insertB)end insert An order that a defendant shall not violate any provision of
21Section 136.1.
22(3)
end delete
23begin insert(end insertbegin insertC)end insert An order that a person before the court other than a
24defendant, including, but not limited to, a subpoenaed witness or
25other person entering the courtroom of the court, shall not violate
26any provisions of Section 136.1.
27(4)
end delete
28begin insert(end insertbegin insertD)end insert An order that a person described in this section shall have
29no communication whatsoever with a specified witness or a victim,
30except through an attorney under reasonable restrictions that the
31court may impose.
32(5)
end delete
33begin insert(end insertbegin insertE)end insert An order calling for a hearing to determine if an order as
34described inbegin delete paragraphs (1) to (4),end deletebegin insert subparagraphs (A) to (D),end insert
35 inclusive, should be issued.
36(6) (A )
end delete
37begin insert(F)end insertbegin insert end insertbegin insert(i)end insert An order that a particular law enforcement agency within
38the jurisdiction of the court provide protection for a victim or a
39witness, or both, or for immediate family members of a victim or
40a witness who reside in the same household as the victim or witness
P15 1or within reasonable proximity of the victim’s or witness’
2household, as determined by the court. The order shall not be made
3without the consent of the law enforcement agency except for
4limited and specified periods of time and upon an express finding
5by the court of a clear and present danger of harm to the victim or
6witness or immediate family members of the victim or witness.
7(B)
end delete
8begin insert(ii)end insert For purposes of this paragraph, “immediate family members”
9include the spouse, children, or parents of the victim or witness.
10(7) (A )
end delete
11begin 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
12crime from all contact by the defendant, or contact, with the intent
13to annoy, 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(B) (i )
end delete
24begin insert(ii)end insertbegin insert end insertbegin insert(I)end insert If a
court does not issue an order pursuant to
25begin delete subparagraph (A)end deletebegin insert clause (i)end insert in a case in which the defendant is
26charged with 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 the
28court on its own motion shall consider issuing a protective order
29upon a good cause belief that harm to, or intimidation or dissuasion
30of, a victim or witness has occurred or is reasonably likely to occur,
31that provides as follows:
32(I)
end delete
33begin insert(ia)end insert The defendant shall not own, possess, purchase, receive,
34or attempt to purchase or receive, a firearm while the protective
35order is in effect.
36(II)
end delete
37begin insert(ib)end insert The defendant shall relinquish any firearms that he or she
38owns or possesses pursuant to Section 527.9 of the Code of Civil
39Procedure.
40(ii)
end delete
P16 1begin insert(II)end insert Every person who owns, possesses, purchases, or receives,
2or attempts to purchase or receive, a firearm while this protective
3order is in effect is punishable pursuant to Section 29825.
4(C)
end delete
5begin insert(iii)end insert An order issued, modified, extended, or terminated by a
6court pursuant to thisbegin delete paragraphend deletebegin insert subparagraphend insert shall be issued on
7forms adopted by the Judicial Council of California and that have
8been approved by the Department of Justice pursuant to subdivision
9(i) of Section 6380 of the Family Code. However, the fact that an
10order issued by a court pursuant to this section was not issued on
11forms adopted by the Judicial Council and approved by the
12Department of Justice shall not, in and of itself, make the order
13unenforceable.
14(D)
end delete
15begin insert(iv)end insert A protective order issued under thisbegin delete paragraphend deletebegin insert
subparagraphend insert
16 may require the defendant to be placed on electronic monitoring
17if the local government, with the concurrence of the county sheriff
18or the chief probation officer with jurisdiction, adopts a policy to
19authorize electronic monitoring of defendants and specifies the
20agency with jurisdiction for this purpose. If the court determines
21that the defendant has the ability to pay for the monitoring program,
22the court shall order the defendant to pay for the monitoring. If
23the court determines that the defendant does not have the ability
24to pay for the electronic monitoring, the court may order electronic
25monitoring to be paid for by the local government that adopted
26the policy to authorize electronic monitoring. The duration of
27electronic monitoring shall not exceed one year from the date the
28order is issued. At no time shall the electronic monitoring be in
29place if the protective order is not in place.
30(2) For purposes of this subdivision, a minor who was not a
31victim of, but who was physically present at the time of, an act of
32domestic violence, is a witness and is deemed to have suffered
33harm within the meaning of paragraph (1).
34(b) A person violating an order made pursuant tobegin delete paragraphs begin insert subparagraphs (A) to (G),end insert inclusive, ofbegin insert paragraph (1)
35(1) to (7),end delete
36ofend insert subdivision (a) may be punished for any substantive offense
37described in Section 136.1, or for a contempt of the court making
38the order. A finding of contempt shall not be a bar
to prosecution
39for a violation of Section 136.1. However, a person so held in
40contempt shall be entitled to credit for punishment imposed therein
P17 1against a sentence imposed upon conviction of an offense described
2in Section 136.1. A conviction or acquittal for a substantive offense
3under Section 136.1 shall be a bar to a subsequent punishment for
4contempt arising out of the same act.
5(c) (1) (A) Notwithstanding subdivision (e), an emergency
6protective order issued pursuant to Chapter 2 (commencing with
7Section 6250) of Part 3 of Division 10 of the Family Code or
8Section 646.91 shall have precedence in enforcement over any
9other restraining or protective order, provided the emergency
10protective order meets all of the following requirements:
11(i) The emergency protective order is issued to protect one or
12more individuals who are already
protected persons under another
13restraining or protective order.
14(ii) The emergency protective order restrains the individual who
15is the restrained person in the other restraining or protective order
16specified inbegin delete subparagraph (A).end deletebegin insert clause (i).end insert
17(iii) The provisions of the emergency protective order are more
18restrictive in relation to the restrained person than are the provisions
19of the other restraining or protective order specified in
20begin delete subparagraph (A).end deletebegin insert clause (i).end insert
21(B) An emergency protective order that meets the requirements
22ofbegin delete paragraph (1)end deletebegin insert
subparagraph (A)end insert shall have precedence in
23enforcement over the provisions of any other restraining or
24protective order only with respect to those provisions of the
25emergency protective order that are more restrictive in relation to
26the restrained person.
27(2) Except as described in paragraph (1), a no-contact order, as
28described in Section 6320 of the Family Code, shall have
29precedence in enforcement over any other restraining or protective
30order.
31(d) (1) A person subject to a protective order issued under this
32section shall not own, possess, purchase,begin insert orend insert receive, or attempt to
33purchase orbegin delete receiveend deletebegin insert
receiveend insertbegin insert,end insert a firearm while the protective order
34is in effect.
35(2) The court shall order a person subject to a protective order
36issued under this section to relinquish any firearms he or she owns
37or possesses pursuant to Section 527.9 of the Code of Civil
38Procedure.
39(3) A person who owns, possesses,begin delete purchasesend deletebegin insert purchases,end insert or
40receives, or attempts to purchase orbegin delete receiveend deletebegin insert receiveend insertbegin insert,end insert
a firearm while
P18 1the protective order is in effect is punishable pursuant to Section
229825.
3(e) (1) In all casesbegin delete whereend deletebegin insert
in whichend insert the defendant is charged
4with a crimebegin delete ofend deletebegin insert involvingend insert domestic violence, as defined in Section
5begin delete 13700,end deletebegin insert
13700 or in Section 6211 of the Family Code, end insert the court
6shall consider issuing the above-described orders on its own
7motion. All interested parties shall receive a copy of those orders.
8In order to facilitate this, the court’s records of all criminal cases
9involving domestic violence shall be marked to clearly alert the
10court to this issue.
11(2) In those cases in which a complaint, information, or
12indictment charging a crimebegin delete ofend deletebegin insert involvingend insert domestic violence, as
13defined in Sectionbegin delete 13700,end deletebegin insert 13700 or in Section 6211 of the Family
14
Code, end insert
has been issued, except as described in subdivision (c), a
15restraining order or protective order against the defendant issued
16by the criminal court in that case has precedence in enforcement
17over a civil court order against the defendant.
18(3) Custody and visitation with respect to the defendant and his
19or her minor children may be ordered by a family or juvenile court
20consistent with the protocol established pursuant to subdivision
21(f), but if ordered after a criminal protective order has been issued
22pursuant to this section, the custody and visitation order shall make
23reference to, and, if there is not an emergency protective order that
24has precedence in enforcement pursuant to paragraph (1) of
25subdivision (c), or a no-contact order, as described in Section 6320
26of the Family Code, acknowledge the precedence of enforcement
27of, an appropriate criminal protective order. On or before July 1,
282014, the Judicial Council shall
modify the criminal and civil court
29forms consistent with this subdivision.
30(f) On or before January 1, 2003, the Judicial Council shall
31promulgate a protocol, for adoption by each local court in
32substantially similar terms, to provide for the timely coordination
33of all orders against the same defendant and in favor of the same
34named victim or victims. The protocol shall include, but shall not
35be limited to, mechanisms for ensuring appropriate communication
36and information sharing between criminal, family, and juvenile
37courts concerning orders and cases that involve the same parties,
38and shall permit a family or juvenile court order to coexist with a
39criminal court protective order subject to the following conditions:
P19 1(1) An order that permits contact between the restrained person
2and his or her children shall provide for the safe exchange of the
3children and shall not contain
language either printed or
4handwritten that violates a “no-contact order” issued by a criminal
5court.
6(2) Safety of all parties shall be the courts’ paramount concern.
7The family or juvenile court shall specify the time, day, place, and
8manner of transfer of the child, as provided in Section 3100 of the
9Family Code.
10(g) On or before January 1, 2003, the Judicial Council shall
11modify the criminal and civil court protective order forms
12consistent with this section.
13(h) In any case in which a complaint, information, or indictment
14charging a crimebegin delete ofend deletebegin insert involvingend insert domestic violence, as defined in
15Sectionbegin delete 13700,end deletebegin insert
13700 or in Section 6211 of the Family Code, end insert has
16been filed, the court may consider, in determining whether good
17cause exists to issue an order underbegin insert subparagraph (A) ofend insert paragraph
18(1) of subdivision (a), the underlying nature of the offense charged,
19and the information provided to the court pursuant to Section
20273.75.
21(i) (1) In all cases in which a criminal defendant has been
22convicted of a crimebegin delete ofend deletebegin insert involvingend insert domestic violence as defined in
23Sectionbegin delete 13700,end deletebegin insert
13700 or in Section 6211 of the Family Code, end insert a
24violation of Section 261, 261.5, or 262, or any crime that requires
25the defendant to register pursuant to subdivision (c) of Section
26290, the court, at the time of sentencing, shall consider issuing an
27order restraining the defendant from any contact with the victim.
28The order may be valid for up to 10 years, as determined by the
29court. This protective order may be issued by the court regardless
30of whether the defendant is sentenced to the state prison or a county
31jail, or whether imposition of sentence is suspended and the
32defendant is placed on probation. It is the intent of the Legislature
33in enacting this subdivision that the duration of any restraining
34order issued by the court be based upon the seriousness of the facts
35before the court, the probability of future violations, and the safety
36of the victim and his or her immediate family.
37(2) An order under this subdivision may include provisions for
38electronic monitoring if the local government, upon receiving the
39concurrence of the county sheriff or the chief probation officer
40with jurisdiction, adopts a policy authorizing electronic monitoring
P20 1of defendants and specifies the agency with jurisdiction for this
2purpose. If the court determines that the defendant has the ability
3to pay for the monitoring program, the court shall order the
4defendant to pay for the monitoring. If the court determines that
5the defendant does not have the ability to pay for the electronic
6monitoring, the court may order the electronic monitoring to be
7paid for by the local government that adopted the policy authorizing
8electronic monitoring. The duration of the electronic monitoring
9shall not exceed one year from the date the order is issued.
10(j) For purposes of this section, “local
government” means the
11county that has jurisdiction over the protective order.
begin insertSection 136.2 of the end insertbegin insertPenal Codeend insertbegin insert, as amended by
13Section 1.5 of Chapter 291 of the Statutes of 2013, is amended to
14read:end insert
(a) begin insert(1)end insertbegin insert end insert Upon a good cause belief that harm to, or
16intimidation or dissuasion of, a victim or witness has occurred or
17is reasonably likely to occur, a court with jurisdiction over a
18criminal matter may issue orders, including, but not limited to, the
19following:
20(1)
end delete
21begin insert(end insertbegin insertA)end insert An order issued pursuant to Section 6320 of the Family
22Code.
23(2)
end delete
24begin insert(end insertbegin insertB)end insert An order that a defendant shall not violate any provision of
25Section 136.1.
26(3)
end delete
27begin insert(end insertbegin insertC)end insert An order that a person before the court other than a
28defendant, including, but not limited to, a subpoenaed witness or
29other person entering the courtroom of the court, shall not violate
30any provisions of Section 136.1.
31(4)
end delete
32begin insert(end insertbegin insertD)end insert An order that a person described in this section shall have
33no communication whatsoever with a specified witness or a victim,
34except through an attorney under reasonable restrictions that the
35court may impose.
36(5)
end delete
37begin insert(end insertbegin insertE)end insert An order calling for a hearing to determine if an order as
38described inbegin delete paragraphs (1) to (4),end deletebegin insert subparagraphs (A) to (D),end insert
39 inclusive, should be issued.
40(6) (A )
end delete
P21 1begin insert(F)end insertbegin insert end insertbegin insert(i)end insert An order that a particular law enforcement agency within
2the jurisdiction of the court provide protection for a victim or a
3witness, or both, or for immediate family members of a victim or
4a witness who reside in the same household as the victim or witness
5or within reasonable proximity of the victim’s or witness’
6household, as determined by the court. The order shall not be made
7without the consent of the law enforcement agency except for
8limited and specified periods of time and upon an express finding
9by the court of a clear and present danger of harm to the victim or
10witness or immediate family members of the victim or witness.
11(B)
end delete
12begin insert(ii)end insert For purposes of this paragraph, “immediate family members”
13include the spouse, children, or parents of the victim or witness.
14(7) (A )
end delete
15begin 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
16crime from all contact by the defendant, or contact, with the intent
17to annoy, harass, threaten, or commit acts of violence, by
the
18defendant. The court or its designee shall transmit orders made
19under this paragraph to law enforcement personnel within one
20business day of the issuance, modification, extension, or
21termination of the order, pursuant to subdivision (a) of Section
226380 of the Family Code. It is the responsibility of the court to
23transmit the modification, extension, or termination orders made
24under this paragraph to the same agency that entered the original
25protective order into the Domestic Violence Restraining Order
26System.
27(B) (i )
end delete
28begin insert(ii)end insertbegin insert end insertbegin insert(I)end insert If a
court does not issue an order pursuant to
29begin delete subparagraph (A)end deletebegin insert clause (i)end insert in a case in which the defendant is
30charged with a crimebegin delete ofend deletebegin insert involvingend insert
domestic violence as defined in
31Sectionbegin delete 13700,end deletebegin insert 13700 or in Section 6211 of the Family Code, end insert the
32court on its own motion shall consider issuing a protective order
33upon a good cause belief that harm to, or intimidation or dissuasion
34of, a victim or witness has occurred or is reasonably likely to occur,
35that provides as follows:
36(I)
end delete
37begin insert(ia)end insert The defendant shall not own, possess, purchase, receive,
38or attempt to purchase or receive, a firearm
while the protective
39order is in effect.
40(II)
end delete
P22 1begin insert(ib)end insert The defendant shall relinquish any firearms that he or she
2owns or possesses pursuant to Section 527.9 of the Code of Civil
3Procedure.
4(ii)
end delete
5begin insert(II)end insert Every person who owns, possesses, purchases, or receives,
6or attempts to purchase or receive, a firearm while this protective
7order is in effect is
punishable pursuant to Section 29825.
8(C)
end delete
9begin insert(iii)end insert An order issued, modified, extended, or terminated by a
10court pursuant to thisbegin delete paragraphend deletebegin insert
subparagraphend insert shall be issued on
11forms adopted by the Judicial Council of California and that have
12been approved by the Department of Justice pursuant to subdivision
13(i) of Section 6380 of the Family Code. However, the fact that an
14order issued by a court pursuant to this section was not issued on
15forms adopted by the Judicial Council and approved by the
16Department of Justice shall not, in and of itself, make the order
17unenforceable.
18(D)
end delete
19begin insert(iv)end insert A protective order issued under thisbegin delete paragraphend deletebegin insert
subparagraphend insert
20 may require the defendant to be placed on electronic monitoring
21if the local government, with the concurrence of the county sheriff
22or the chief probation officer with jurisdiction, adopts a policy to
23authorize electronic monitoring of defendants and specifies the
24agency with jurisdiction for this purpose. If the court determines
25that the defendant has the ability to pay for the monitoring program,
26the court shall order the defendant to pay for the monitoring. If
27the court determines that the defendant does not have the ability
28to pay for the electronic monitoring, the court may order electronic
29monitoring to be paid for by the local government that adopted
30the policy to authorize electronic monitoring. The duration of
31electronic monitoring shall not exceed one year from the date the
32order is issued. At no time shall the electronic monitoring be in
33place if the protective order is not in place.
34(2) For purposes of this subdivision, a minor who was not a
35victim of, but who was physically present at the time of, an act of
36domestic violence, is a witness and is deemed to have suffered
37harm within the meaning of paragraph (1).
38(b) A person violating an order made pursuant tobegin delete paragraphs begin insert subparagraphs (A) to (G),end insert inclusive, ofbegin insert paragraph (1)
39(1) to (7),end delete
40ofend insert subdivision (a) may be punished for any substantive offense
P23 1described in Section 136.1, or for a contempt of the court making
2the order. A finding of contempt shall not be a bar
to prosecution
3for a violation of Section 136.1. However, a person so held in
4contempt shall be entitled to credit for punishment imposed therein
5against a sentence imposed upon conviction of an offense described
6in Section 136.1. A conviction or acquittal for a substantive offense
7under Section 136.1 shall be a bar to a subsequent punishment for
8contempt arising out of the same act.
9(c) (1) (A) Notwithstanding subdivision (e), an emergency
10protective order issued pursuant to Chapter 2 (commencing with
11Section 6250) of Part 3 of Division 10 of the Family Code or
12Section 646.91 shall have precedence in enforcement over any
13other restraining or protective order, provided the emergency
14protective order meets all of the following requirements:
15(i) The emergency protective order is issued to protect one or
16more individuals who are already
protected persons under another
17restraining or protective order.
18(ii) The emergency protective order restrains the individual who
19is the restrained person in the other restraining or protective order
20specified inbegin delete subparagraph (A).end deletebegin insert
clause (i).end insert
21(iii) The provisions of the emergency protective order are more
22restrictive in relation to the restrained person than are the provisions
23of the other restraining or protective order specified in
24begin delete subparagraph (A).end deletebegin insert clause (i).end insert
25(B) An emergency protective order that meets the requirements
26ofbegin delete paragraph (1)end deletebegin insert subparagraph (A)end insert shall have precedence in
27enforcement over the provisions of any other restraining or
28protective order only with respect to those
provisions of the
29emergency protective order that are more restrictive in relation to
30the restrained person.
31(2) Except as described in paragraph (1), a no-contact order, as
32described in Section 6320 of the Family Code, shall have
33precedence in enforcement over any other restraining or protective
34order.
35(d) (1) A person subject to a protective order issued under this
36section shall not own, possess, purchase,begin insert orend insert receive, or attempt to
37purchase orbegin delete receiveend deletebegin insert receiveend insertbegin insert,end insert
a firearm while the protective order
38is in effect.
39(2) The court shall order a person subject to a protective order
40issued under this section to relinquish any firearms he or she owns
P24 1or possesses pursuant to Section 527.9 of the Code of Civil
2Procedure.
3(3) A person who owns, possesses,begin delete purchasesend deletebegin insert purchases,end insert or
4receives, or attempts to purchase orbegin delete receiveend deletebegin insert receive,end insert a firearm while
5the protective order is in effect is punishable pursuant to Section
629825.
7(e) (1) In all casesbegin delete whereend deletebegin insert in whichend insert the defendant is charged
8with a crimebegin delete ofend deletebegin insert
involvingend insert domestic violence, as defined in Section
9begin delete 13700,end deletebegin insert 13700 or in Section 6211 of the Family Code, or a violation
10of Section 261, 261.5, or 262, or any crime that requires the
11defendant to register pursuant to subdivision (c) of Section 290, end insert
12 the court shall consider issuing the above-described orders on its
13own motion. All interested parties shall receive a copy of those
14orders. In order to facilitate this, the court’s records of all criminal
15cases involving domestic violencebegin insert or a violation of Section 261,
16261.5, or 262, or any crime that requires the defendant to register
17pursuant to subdivision (c) of Section 290end insertbegin insert,
end insert shall be marked to
18clearly alert the court to this issue.
19(2) In those cases in which a complaint, information, or
20indictment charging a crimebegin delete ofend deletebegin insert involvingend insert domestic violence, as
21defined in Sectionbegin delete 13700,end deletebegin insert 13700 or in Section 6211 of the Family
22Code, or a violation of Section 261, 261.5, or 262, or any crime
23that requires the defendant to register pursuant to subdivision (c)
24of Section 290, end insert has been issued, except as described in subdivision
25(c), a
restraining order or protective order against the defendant
26issued by the criminal court in that case has precedence in
27enforcement over a civil court order against the defendant.
28(3) Custody and visitation with respect to the defendant and his
29or her minor children may be ordered by a family or juvenile court
30consistent with the protocol established pursuant to subdivision
31(f), but if ordered after a criminal protective order has been issued
32pursuant to this section, the custody and visitation order shall make
33reference to, and, if there is not an emergency protective order that
34has precedence in enforcement pursuant to paragraph (1) of
35subdivision (c), or a no-contact order, as described in Section 6320
36of the Family Code, acknowledge the precedence of enforcement
37of, an appropriate criminal protective order. On or before July 1,
382014, the Judicial Council shall modify the criminal and civil court
39forms consistent with this subdivision.
P25 1(f) On or before January 1, 2003, the Judicial Council shall
2promulgate a protocol, for adoption by each local court in
3substantially similar terms, to provide for the timely coordination
4of all orders against the same defendant and in favor of the same
5named victim or victims. The protocol shall include, but shall not
6be limited to, mechanisms for ensuring appropriate communication
7and information sharing between criminal, family, and juvenile
8courts concerning orders and cases that involve the same parties,
9and shall permit a family or juvenile court order to coexist with a
10criminal court protective order subject to the following conditions:
11(1) An order that permits contact between the restrained person
12and his or her children shall provide for the safe exchange of the
13children and shall not contain language either printed or
14handwritten that violates a “no-contact order” issued
by a criminal
15court.
16(2) Safety of all parties shall be the courts’ paramount concern.
17The family or juvenile court shall specify the time, day, place, and
18manner of transfer of the child, as provided in Section 3100 of the
19Family Code.
20(g) On or before January 1, 2003, the Judicial Council shall
21modify the criminal and civil court protective order forms
22consistent with this section.
23(h) begin insert(1)end insertbegin insert end insert In any case 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 insertbegin insert end insert has been filed, the court may consider, in determining
27whether good cause exists to issue an order underbegin insert subparagraph
28(A) ofend insert paragraph (1) of subdivision (a), the underlying nature of
29the offense charged, and the information provided to the court
30pursuant to Section 273.75.
31(2) In any case in which a complaint, information, or indictment
32charging a violation of Section 261, 261.5, or 262, or any crime
33that requires the defendant to register pursuant to subdivision (c)
34of Section 290, has been filed, the court may consider, in
35determining whether good cause exists to issue an order under
36paragraph (1) of subdivision (a), the underlying nature of the
37offense charged, the defendant’s relationship to the
victim, the
38likelihood of continuing harm to the victim, any current restraining
39order or protective order issued by any civil or criminal court
40involving the defendant, and the defendant’s criminal history,
P26 1including, but not limited to, prior convictions for a violation of
2Section 261, 261.5, or 262, or any crime that requires the defendant
3to register pursuant to subdivision (c) of Section 290, or any other
4forms of violence, or any weapons offenses.
5(i) (1) In all cases in which a criminal defendant has been
6convicted of a crimebegin delete ofend deletebegin insert involvingend insert
domestic violence as defined in
7Sectionbegin delete 13700,end deletebegin insert 13700 or in Section 6211 of the Family Code, end insert a
8violation of Section 261, 261.5, or 262, or any crime that requires
9the defendant to register pursuant to subdivision (c) of Section
10290, the court, at the time of sentencing, shall consider issuing an
11order restraining the defendant from any contact with the victim.
12The order may be valid for up to 10 years, as determined by the
13court. This protective order may be issued by the court regardless
14of whether the defendant is sentenced to the state prison or a county
15jail, or whether imposition of sentence is suspended and the
16defendant is placed on probation. It is the intent of the Legislature
17in enacting this subdivision that the duration of any restraining
18order issued by the
court be based upon the seriousness of the facts
19before the court, the probability of future violations, and the safety
20of the victim and his or her immediate family.
21(2) An order under this subdivision may include provisions for
22electronic monitoring if the local government, upon receiving the
23concurrence of the county sheriff or the chief probation officer
24with jurisdiction, adopts a policy authorizing electronic monitoring
25of defendants and specifies the agency with jurisdiction for this
26purpose. If the court determines that the defendant has the ability
27to pay for the monitoring program, the court shall order the
28defendant to pay for the monitoring. If the court determines that
29the defendant does not have the ability to pay for the electronic
30monitoring, the court may order the electronic monitoring to be
31paid for by the local government that adopted the policy authorizing
32electronic monitoring. The duration of the electronic monitoring
33
shall not exceed one year from the date the order is issued.
34(j) For purposes of this section, “local government” means the
35county that has jurisdiction over the protective order.
(a) Section 1.1 of this bill incorporates amendments
37to Section 136.2 of the Penal Code proposed by both this bill and
38Assembly Bill 1498. It shall only become operative if (1) both bills
39are enacted and become effective on or before January 1, 2015,
40(2) each bill amends Section 136.2 of the Penal Code, and (3)
P27 1Assembly Bill 1850 is not enacted or as enacted does not amend
2that section, and (4) this bill is enacted after Assembly Bill 1498,
3in which case Sections 1, 1.2, and 1.3 of this bill shall not become
4operative.
5(b) Section 1.2 of this bill incorporates amendments to Section
6136.2 of the Penal Code proposed by both this bill and Assembly
7Bill 1850. It shall only become operative if (1) both bills are
8enacted and become effective on or before January 1, 2015, (2)
9each bill amends Section 136.2 of the Penal Code, (3) Assembly
10Bill 1498 is not enacted or as enacted does not amend that section,
11and (4) this bill is enacted after Assembly Bill 1850 in which case
12Sections 1, 1.1, and 1.3 of this bill shall not become operative.
13(c) Section 1.3 of this bill incorporates amendments to Section
14136.2 of the Penal Code proposed by this bill, Assembly Bill 1498,
15and Assembly Bill 1850. It shall only become operative if (1) all
16three bills are enacted and become effective on or before January
171, 2015, (2) all three bills amend Section 136.2 of the Penal Code,
18and (3) this bill is enacted after Assembly Bill 1498 and Assembly
19Bill 1850, in which case
Sections 1, 1.1, and 1.2 of this bill shall
20not become operative.
No reimbursement is required by this act pursuant to
23Section 6 of Article XIII B of the California Constitution because
24the only costs that may be incurred by a local agency or school
25district will be incurred because this act creates a new crime or
26infraction, eliminates a crime or infraction, or changes the penalty
27for a crime or infraction, within the meaning of Section 17556 of
28the Government Code, or changes the definition of a crime within
29the meaning of Section 6 of Article XIII B of the California
30Constitution.
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