Bill Text: CA AB1796 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Domestic violence: restraining orders.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-08-20 - In committee: Held under submission. [AB1796 Detail]

Download: California-2019-AB1796-Amended.html

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Amended  IN  Senate  June 24, 2020

Amended  IN  Assembly  April 11, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1796

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Introduced by Assembly Member Levine

February 22, 2019

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An act to amend Section 1522 of the Health and Safety Code, add Section 6307 to the Family Code, relating to community care facilities. domestic violence.

LEGISLATIVE COUNSEL'S DIGEST

AB 1796, as amended, Levine. Community care facilities: criminal background checks.Domestic violence: restraining orders.

Existing law permits a petitioner to seek a restraining order, including a temporary restraining order, to protect against domestic violence. Existing law requires the court to decide whether to grant a request for an ex parte restraining order on the same day that the petition is submitted to the court, which will be effective until the hearing on the petition, except as specified. Existing law directs the Judicial Council to promulgate rules and forms for a petitioner seeking a domestic violence restraining order and to assist local courts in developing procedures to assist a petitioner.

This bill would require any court or court facility that receives petitions for domestic violence restraining orders or temporary restraining orders to permit such petitions to be submitted in a drop box located on the court premises, during or after normal business hours. The bill would provide that the deadlines applicable to any action taken by the court with respect to a petition filed directly with the court also apply to any action taken with respect to a petition submitted in a drop box. The bill would require the Judicial Council to develop rules and to assist courts in developing local rules or procedures necessary to effectuate this provision.

Existing law requires the State Department of Social Services to secure from an appropriate a law enforcement agency a criminal record regarding an applicant for a license or special permit to operate or manage a community care facility. Existing law requires that an application be denied unless the department grants a criminal record exemption. However, existing law authorizes the department, if a person meets all of the conditions for licensure except receipt of the person’s criminal record information from the Federal Bureau of Investigation, to issue the license if the person signs a statement that they have never been convicted of a crime other than a traffic infraction in the United States. Existing law authorizes the department to revoke a license issued pursuant to that provision if, after licensure, the department determines that the person has a criminal record.

This bill would delete that authorization and instead prohibit the department from granting a criminal record clearance or exemption until it receives complete state and federal criminal history information from the Department of Justice.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 6307 is added to the Family Code, to read:

6307.

 (a) A court or court facility that receives petitions for domestic violence restraining orders under Chapter 2 (commencing with Section 6320) and domestic violence temporary restraining orders under Part 4 (commencing with Section 240) of Division 2 shall permit such petitions to be submitted in a drop box located on the court premises, during or after normal business hours. The deadlines applicable to any action taken by the court with respect to a petition filed directly with the court shall apply to any action taken with respect to a petition submitted in a drop box.

(b) The Judicial Council shall develop rules and assist courts in developing local rules or procedures necessary to effectuate this section.