BILL ANALYSIS �
SB 910
Page 1
SENATE THIRD READING
SB 910 (Pavley)
As Amended March 24, 2014
Majority vote
SENATE VOTE :36-0
PUBLIC SAFETY 7-0 APPROPRIATIONS 15-0
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|Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Bigelow, |
| |Jones-Sawyer, Quirk, | |Bocanegra, Bradford, Ian |
| |Skinner, Stone, Waldron | |Calderon, Donnelly, |
| | | |Eggman, Gomez, Holden, |
| | | |Linder, Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
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SUMMARY : Expands the definition of domestic violence for purposes
of a court's ability to issue restraining orders in domestic
violence cases during the pendency of criminal proceedings and upon
conviction of a crime of a domestic violence offense. Specifically,
this bill :
1)Includes abuse perpetrated against any of the additional following
persons:
a) Cohabitants and former cohabitants, defined more broadly;
b) A person with whom the respondent has had a child, where
the presumption applies that the male parent is the father of
the child of the female parent, as specified;
c) A child of a party or a child who is the subject of an
action under the Uniform Parentage Act, where the presumption
applies that the male parent is the father of the child to be
protected; and,
d) Any other person related by consanguinity or affinity within
the second degree.
2)Revises existing law to provide that these restraining orders
apply in cases involving domestic violence, rather than in cases
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of domestic violence.
EXISTING LAW :
1)Authorizes the trial court in a criminal case to issue protective
orders when there is a good cause belief that harm to, or
intimidation or dissuasion of a victim or witness has occurred or
is reasonably likely to occur.
2)Provides that a person violating a protective order may be
punished for any substantive offense described in provisions of
law related to intimidation of witnesses or victims, or for a
contempt of the court making the order.
3)Requires a court, in all cases where the defendant is charged with
a crime of domestic violence, to consider issuing a protective
order on its own motion. All interested parties shall receive a
copy of those orders. In order to facilitate this, the court's
records of all criminal cases involving domestic violence shall be
marked to clearly alert the court to this issue.
4)Allows a court, in any case in which a complaint, information, or
indictment charging a crime of domestic violence has been filed,
to consider, in determining whether good cause exists to issue a
protective order, the underlying nature of the offense charged,
and information provided to the court through a background check,
including information about the defendant's prior convictions for
domestic violence, other forms of violence or weapons offenses,
and any current protective or restraining order issued by a
criminal or civil court.
5)Provides in all cases in which a criminal defendant has been
convicted of a crime of domestic violence, as defined in relevant
sections of the Family Code, or any crime that requires the
defendant to register as a sex offender, the court, at the time of
sentencing, shall consider issuing an order restraining the
defendant from any contact with the victim. The order may be
valid for up to 10 years, as determined by the court.
6)Defines "domestic violence" in the Penal Code as 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. For purposes of this subdivision, "cohabitant"
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means two unrelated adult persons living together for a
substantial period of time, resulting in some permanency of
relationship. Factors that may determine whether persons are
cohabiting include, but are not limited:
a) Sexual relations between the parties while sharing the same
living quarters;
b) Sharing of income or expenses;
c) Joint use or ownership of property;
d) Whether the parties hold themselves out as husband and wife;
e) The continuity of the relationship; and,
f) The length of the relationship.
7)Defines "domestic violence" in the Family Code as abuse
perpetrated against any of the following persons:
a) A spouse or former spouse;
b) A cohabitant or former cohabitant, as defined;
c) A person with whom the respondent is having or has had a
dating or engagement relationship;
d) A person with whom the respondent has had a child, where the
presumption applies that the male parent is the father of the
child of the female parent under the Uniform Parentage Act;
e) A child of a party or a child who is the subject of an
action under the Uniform Parentage Act, where the presumption
applies that the male parent is the father of the child to be
protected; or,
f) Any other person related by consanguinity or affinity within
the second degree.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
minor administrative court costs and potential nonreimbursable local
law enforcement costs to the extent the definitional expansion
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results in additional persons violating restraining orders.
COMMENTS : According to the author, "Tragically, children are often
the first target for abuse when a domestic violence offender is
released from prison or jail. SB 910 addresses this potentially
life threatening gap in the law by giving sentencing judges a tool
to protect all potential victims from abuse regardless of their age.
"SB 910 is needed to protect children from domestic abusers during
court proceedings and after offenders are released from prison or
jail. In California, domestic violence fatalities account for 12
percent of homicides. Offering children the same protections we
give to adult victims may mean the difference of life and death for
a child.
"Currently, courts may issue orders to protect spouses during
criminal proceedings, and for up to 10 years after abusers are
convicted. However, this protection does not extend to all
children because of a narrow legal definition of domestic violence.
This narrow definition in the law has led to an equally narrow
interpretation by judges when issuing protection orders in domestic
violence cases with child victims, with some refusing to issue
pre-sentencing protective orders for child abuse victims.
"As a result of this interpretation, the only recourse available is
for family members to request a new order to protect children in
family court, which is often time-consuming and difficult, putting
children at risk unless and until a new order to protect children in
family court, which is often time-consuming and difficult, putting
children at risk unless and until a new order is issued. The most
vulnerable victims, including infants, are the only category of
people that are left unprotected by current law. They deserve the
same protection as adult victims of family violence.
"SB 910 closes a loophole in California to ensure that children are
a protected category in the issuance of criminal protective orders.
Specifically SB 910 amends Penal Code Section 136.2 by adding the
definition of domestic violence contained in Family Code Section
6211.
"Family Code Section 6211 includes the same victims listed in
existing Penal Code Section 13700, but broadens the definition of
cohabitants to "the child of a party" and anyone related by
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"consanguinity or affinity within the second degree."
"The bill pertains only to pre-sentencing and post-sentencing
protective orders. Even with the clear inclusion of children,
courts will retain the discretion to not issue a pre-sentencing or
post-sentencing protective order if the facts do not justify it.
"The Family Code definition is already used in relation to several
other sections of the Penal Code related to domestic violence. This
bill merely updates the protective order law to conform to the
broader definition."
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0004120