Bill Text: CA AB573 | 2019-2020 | Regular Session | Introduced


Bill Title: Domestic violence: restraining order Hope Cards.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-13 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB573 Detail]

Download: California-2019-AB573-Introduced.html


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 573


Introduced by Assembly Member Limón

February 14, 2019


An act to add Chapter 4 (commencing with Section 6390) to Part 4 of Division 10 of the Family Code, relating to domestic violence.


LEGISLATIVE COUNSEL'S DIGEST


AB 573, as introduced, Limón. Domestic violence: restraining order Hope Cards.
Existing law prohibits the traumatic infliction of corporal injury upon a spouse or cohabitant, former spouse of cohabitant, and other specified persons. Existing law requires a peace officer responding to specified incidents involving domestic violence to make a custodial arrest when probable cause exists.
Existing law authorizes a peace officer to request an emergency protective order in these cases, and for a judicial officer to approve the issuance of such an order, on an ex parte basis. Existing law authorizes a person to petition for, and a judicial officer, after notice and hearing, to issue, a domestic violence prevention order. Existing law also authorizes a judicial officer to issue a protective order as part of a judgment entered in a proceeding for dissolution of marriage, nullity of marriage, or legal separation.
Existing law requires these orders to be entered into the Domestic Violence Restraining Order System, an electronic database that can be accessed by law enforcement officers through the California Law Enforcement Telecommunications System.
This bill would require the Department of Justice to develop and implement a program for the issuance of domestic violence restraining order Hope Cards, as described, which provide protected persons with an easy to carry summary of a valid protective order that includes a photograph of the restrained person. The bill would require the department, by July 1, 2020, to make a card available without charge to an eligible person who applies. The bill would authorize the department to access certain data and images for the issuance of the card. The bill would require the department to disseminate information about the program to law enforcement agencies and courts. The bill would clarify that the card provides a basis for law enforcement to detain a person, but does not provide a basis for arrest without independent verification of the order.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Chapter 4 (commencing with Section 6390) is added to Part 4 of Division 10 of the Family Code, to read:
CHAPTER  4. Hope Cards

6390.
 (a) The Department of Justice shall, by no later than July 1, 2020, develop and implement a program for the issuance of domestic violence restraining order Hope Cards.
(b) A Hope Card issued by the department pursuant to this chapter shall be a durable laminated or plastic card that is easily carried in a pocket, wallet, or purse, and contains, without limitation, the following:
(1) A photograph of the restrained person.
(2) The restrained person’s name, date of birth, sex, race, eye color, hair color, height, weight, and other distinguishing features.
(3) The protected person’s name and date of birth and the names and dates of birth of any minor children protected under the order.
(4) Information about the protective order including, but not limited to, the issuing court, the issuing court’s phone number, the case number, the date of issuance and date of expiration of the order, and the relevant details of the order, including any locations from which the person is restrained.
(c) An application for the Hope Card may be submitted by mail or via a secured internet web portal.
(d) The department shall not charge a fee for the issuance of a Hope Card.
(e) The department shall disseminate information regarding the Hope Card program to courts and law enforcement agencies throughout the state.
(f) The department may adopt regulations as needed to carry out the provisions of this chapter.

6390.2.
 Commencing on July 1, 2020, a person that has been issued a protective order other than an emergency or ex parte order pursuant to this part, may request a Hope Card from the Department of Justice by mailing an application in a form specified by the department, or by submitting an application via the department’s internet website.

6390.4.
 (a) Upon receipt of an application made pursuant to Section 6390.2, the department shall, within 10 days after the receipt of application, generate a Hope Card as described in Section 6390, and return the card to the applicant.
(b) Notwithstanding any other law, the department may access any information in the Domestic Violence Restraining Order System to verify any information contained in the application or to obtain any other information needed for the issuance of the card.
(c) Notwithstanding any other law, the department may use the CAL-photo system to obtain a photograph of the restrained person to use on the Hope Card.
(d) If the department is unable to issue a Hope Card, the department shall contact the applicant and advise them of any deficiency in their application or the reason why they are not eligible.

6390.6
 A hope card may be used by a peace officer as a basis for detaining a person suspected to be in violation of a protective order. The information on the card shall not be used as a basis for arrest without independent verification of the order.

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