Bill Text: CA SB1356 | 2023-2024 | Regular Session | Introduced

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

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Bill Title: Judiciary: training: gender bias.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2024-08-19 - Chaptered by Secretary of State. Chapter 187, Statutes of 2024. [SB1356 Detail]

Download: California-2023-SB1356-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1356

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Introduced by Senator Wahab

February 16, 2024

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An act to amend Section 68555 of the Government Code, relating to the judiciary.

LEGISLATIVE COUNSEL'S DIGEST

SB 1356, as introduced, Wahab. Judiciary: training: gender perspectives.

Existing law requires the Judicial Council to establish judicial training programs for individuals, including judicial officers and referees, who perform duties in domestic violence or child custody matters, including, among other topics, child sexual abuse and coercive control, as specified. Existing law requires the Judicial Council to submit an annual report on these training programs, commencing on or before January 1, 2025, to the Legislature and relevant policy committees, that includes the titles of the training courses being offered and the number of judicial officers that attended each training.

This bill would expand the scope of these judicial training programs for individuals who perform duties in any case that may involve domestic violence or child custody matters. The bill would require the training program to include a domestic violence session in any orientation session conducted for newly appointed or elected judges, an annual training session in domestic violence, and periodic updates in all aspects of domestic violence, even when not alleged by a party to the proceeding. The bill would require the training program to include implicit and explicit bias related to parties involved in domestic violence cases, including potential discrimination that may result and efforts to eliminate stereotyping, and victim and perpetrator behavioral patterns and relationship dynamics, including inequities in power, and the importance of understanding groups in unique situations of vulnerability. The bill would require the training program to include the role that power and gender dynamics may have in cases outside those specifically related to child custody or alleged domestic violence.

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.

 The Legislature finds and declares the following:

(a) There is an intersection between gender-based violence and the rule of law.

(b) To ensure individuals have effective access to justice, courts have an obligation to account for how power and gender relations may influence cases, including, but not limited to, assessing the risk to the victim, respect for the human rights of individuals, and countering discrimination.

(c) To accomplish equality and nondiscrimination in the justice system, the judiciary should receive training related to the role of gender in court proceedings, including the elimination of stereotypes, assessing inequities in power, and meeting the needs of groups in unique situations of vulnerability.

SEC. 2.

 Section 68555 of the Government Code is amended to read:

68555.

 (a) The Judicial Council shall establish judicial training programs for individuals who perform duties in cases that may involve domestic violence or child custody matters, including, but not limited to, judicial officers, referees, commissioners, and if employed by the court, guardians ad litem, custody evaluators, mediators, and child custody recommending counselors, and others who are deemed appropriate by the Judicial Council.

(b) (1) The training program described in this section shall be an ongoing training and education program designed to improve the ability of courts to recognize and respond to child physical abuse, child sexual abuse, domestic violence, and trauma in family victims, particularly children, and to make appropriate custody decisions that prioritize child safety and well-being and are culturally sensitive and appropriate for diverse communities.

(2) The training program described in this section shall include a domestic violence session in any orientation session conducted for newly appointed or elected judges, an annual training session in domestic violence, and periodic updates in all aspects of domestic violence, violence, even when not alleged by a party to the proceeding, including, but not limited to:

(A) Child sexual abuse.

(B) Physical abuse.

(C) Emotional abuse.

(D) Coercive control.

(E) Implicit and explicit bias related to parties involved in domestic violence cases. cases, including potential discrimination that may result and efforts to eliminate stereotyping.

(F) Trauma.

(G) Long- and short-term impacts of domestic violence and child abuse on children.

(H) The detriment to children of residing with a person who perpetrates domestic violence.

(I) That domestic violence can occur without a party seeking or obtaining a restraining order, without a substantiated child protective services finding, and without other documented evidence of abuse.

(J) Victim and perpetrator behavioral patterns and relationship dynamics within the cycle of violence. violence, including inequities in power.

(K) The importance of understanding groups in unique situations of vulnerability.

(3) The training program described in this section shall include the role power and gender dynamics may have in cases outside those specifically related to child custody or alleged domestic violence.