BILL ANALYSIS
SB 218
Page 1
SENATE THIRD READING
SB 218 (Solis)
As Amended September 7, 1999
Majority vote
SENATE VOTE :26-5
JUDICIARY 11-2 PUBLIC SAFETY 6-0
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|Ayes:|Kuehl, Rod Pacheco, |Ayes:|Honda, Cunneen, Cedillo, |
| |Aroner, Bock, Corbett, | |Keeley, Romero, |
| |Jackson, Knox, Longville, | |Washington |
| |Shelley, Steinberg, | | |
| |Wiggins | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Ackerman, House | | |
| | | | |
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APPROPRIATIONS 16-3
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|Ayes:|Migden, Cedillo, Davis, | | |
| |Hertzberg, Kuehl, | | |
| |Maldonado, Papan, Romero, | | |
| |Shelley, Steinberg, | | |
| |Thomson, Wesson, Wiggins, | | |
| |Wright, Zettel, Aroner | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Ackerman, Campbell, | | |
| |Runner | | |
| | | | |
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SUMMARY : Makes numerous changes to improve the effectiveness of
domestic violence protective orders (DVPO) and to provide
greater security and protection for victims of domestic
violence. Specifically, this bill :
1)Permits courts to issue unofficial translations of orders or
documents issued pursuant to the Domestic Violence Prevention
Act and directs the Judicial Council to prepare forms that
relate to domestic violence prevention in languages other than
English.
SB 218
Page 2
2)Requires batterer's treatment programs to be approved by the
probation department as provided for in Penal Code Section
1203.097.
3)Makes the following changes to conform state law to federal
law regarding ownership or possession of firearms when subject
to a DVPO:
a) Strikes the requirement of a separate court order to
prohibit a person restrained by a DVPO from owning or
possessing a firearm, so that the prohibition will be
automatic when the DVPO is issued.
b) Removes the court's discretion to allow a shorter or
longer period of time to relinquish a firearm than the 72
hours provided for in statute.
c) Requires the person restrained by the DVPO to relinquish
all firearms for the duration of the order or orders, and
removes the court's discretion to order a shorter or longer
period of time, and provides criminal penalties for
violations of this provision.
1)Exempts from criminal penalties any person restrained by a
DVPO that must possess a firearm as a condition of employment
provided certain requirements are met.
2)Requires the court to give verbal notice to the restrained
party that possession of a firearm is prohibited, or requires
that the notice be printed in bold on the face of the DVPO.
3)Provides grounds for contempt for willfully disobeying of an
out-of-state court order issued to a party alleging domestic
violence.
4)Requires an officer to make an arrest, with or without a
warrant, when responding to a call alleging a violation of a
DVPO, whether or not the violation occurred in the presence of
the officer.
5)Allows the court to appoint a guardian ad litem to receive
service of a subpoena on a minor.
SB 218
Page 3
6)Allows members of a county interagency domestic violence death
review team to share confidential or privileged information,
or information that is prohibited from disclosure by statute,
regarding the victim, with other appointed members.
7)Establishes uniform reporting criteria for domestic violence
death review teams.
8)Establishes minimum punishments and parole conditions for
subsequent convictions of battery, sexual assault, or assault
upon an officer.
9)Makes several other technical changes to the law regarding
DVPOs.
FISCAL EFFECT : Unknown
COMMENTS : The author introduced this bill to address a number
of issues regarding California's domestic violence laws. This
bill requires that out-of-state domestic violence restraining
orders, as written, be accorded the full force of the law in the
same manner as DVPOs issued by a court of this state. This bill
also requires officers to make an arrest when responding to a
call regarding a violation of a DVPO, and conforms California
law to the federal law by prohibiting a person restrained by a
DVPO from owning or possessing a firearm for the duration of the
term of the DVPO unless the firearm is required as a condition
of employment. This bill requires law enforcement to remove any
firearms at the scene of a domestic violence incident, or any
firearms found after a consensual search. Finally, this bill
permits DVPOs to be printed in languages other than English.
Analysis Prepared by : Syrus Devers / JUD. / (916) 319-2334
FN: 0003096