Bill Text: CA AB1987 | 2019-2020 | Regular Session | Amended
Bill Title: Protective orders.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-10 - From committee: Do pass and re-refer to Com. on P. & C.P. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (March 10). Re-referred to Com. on P. & C.P. [AB1987 Detail]
Download: California-2019-AB1987-Amended.html
|
Amended
IN
Assembly
March 04, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 1987
| Introduced by Assembly Member Gonzalez |
January 23, 2020 |
An act to amend Section 6320 of the Family Code, relating to protective orders.
LEGISLATIVE COUNSEL'S DIGEST
AB 1987, as amended, Gonzalez.
Protective orders.
Existing law authorizes a court to issue an ex parte order enjoining a party from engaging in specified acts against another party, including threatening or harassing that party, and, in the discretion of the court, against other named family or household members. A violation of this court order constitutes contempt of court, which is punishable as a misdemeanor.
This bill would additionally authorize a court to issue an ex parte order enjoining a party from remotely controlling any connected devices in the home of the other party. The bill would require the Judicial Council to develop or update any other forms or rules of court that are necessary to implement these provisions.
provisions no later than January 1, 2022. By expanding the scope of an existing crime, the bill would impose a state-mandated program.
The 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares as follows:(a) The political climate resulting from federal policies and rhetoric targeting immigrants has discouraged immigrants from seeking critical legal protections for fear of immigration authorities targeting them or their families.
(b) The legal protections provided by the State of California are intended to protect all residents of California, regardless of their immigration status.
(c) Domestic violence threatens the safety and well-being of victims and their families and protective
orders are often necessary to protect victims from their abusers, regardless of the immigration status of the victim or the abuser.
(d) The Domestic Violence Protection Act, like all of the Family Code, has always applied to all Californians without regard to immigration status, and continues to do so.
SEC. 2.
Section 6320 of the Family Code is amended to read:6320.
(a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of, or remotely controlling any connected devices, as defined in Section 1798.91.05 of the Civil Code, affecting the home, vehicle, or property of, the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.(b) On a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.
(c) The Judicial Council shall, no later than January 1, 2021,
2022, develop or update any forms or rules of court that are necessary to implement this section.
