Bill Text: CA SB538 | 2021-2022 | Regular Session | Amended

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

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Bill Title: Domestic violence and gun violence restraining orders.

Sponsorship: Bipartisan Bill

Status: (Passed) 2021-10-08 - Chaptered by Secretary of State. Chapter 686, Statutes of 2021. [SB538 Detail]

Download: California-2021-SB538-Amended.html

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Amended  IN  Senate  March 16, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 538

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Introduced by Senator Rubio

February 17, 2021

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An act to amend Section 6320.5 of add Sections 6307 and 6308 to the Family Code, and to add Section 18123 to, and to repeal and add Section 18122 of, the Penal Code, relating to domestic violence. restraining orders.

LEGISLATIVE COUNSEL'S DIGEST

SB 538, as amended, Rubio. Domestic violence protective orders. and gun violence restraining orders.

Existing law permits a petitioner to seek a restraining order to protect against domestic violence or gun violence. Existing law requires the court to hold a hearing before issuing the restraining order, but the court may, in specified circumstances, issue an ex parte restraining order that is effective until the hearing. Existing law prescribes additional procedures for granting or denying a domestic violence restraining order or gun violence restraining order.

This bill would require a court or court facility that receives petitions for domestic violence restraining orders or gun violence restraining orders to permit those petitions to be filed electronically. The bill would also permit parties and witnesses to appear remotely at a hearing on a petition for a gun violence restraining order or domestic violence restraining order. The bill would require the superior court of each county to provide telephone numbers for the public to call to obtain information regarding electronic filing and remote appearances, respectively. The bill would require the superior court of each county to develop, and to post on its internet website, local rules and instructions for electronic filing and remote appearances, respectively.

Existing law establishes the Domestic Violence Prevention Act for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and providing for a separation of the persons involved in the domestic violence for a period sufficient to enable those persons to seek a resolution of the causes of the violence.

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 or disturbing their peace, and, in the discretion of the court, against other named family or household members. Under existing law, a petitioner who was denied an ex parte order has the right to a noticed hearing on the earliest date that the business of the court will permit, but not later than 21 days or, if good cause appears to the court, 25 days from the date of the order.

This bill would require the noticed hearing to be not later than 14 days or, if good cause appears to the court, 21 days from the date of the order.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   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) or domestic violence temporary restraining orders under Part 4 (commencing with Section 240) of Division 2, shall permit those petitions to be submitted electronically during and 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 electronically.

(b) The superior court of each county shall develop local rules and instructions for electronic filing permitted under this section, which shall be posted on its internet website.

(c) The superior court of each county shall provide, and post on its internet website, a telephone number for the public to call to obtain information about electronic filing permitted under this section. The telephone number shall be staffed during regular business hours, and court staff shall respond to all telephonic inquiries within one business day.

SEC. 2.

 Section 6308 is added to the Family Code, to read:

6308.

 (a) A party or witness may appear remotely at the hearing on a petition for a domestic violence restraining order. The superior court of each county shall develop local rules and instructions for remote appearances permitted under this section, which shall be posted on its internet website.

(b) The superior court of each county shall provide, and post on its internet website, a telephone number for the public to call to obtain assistance regarding remote appearances. The telephone number shall be staffed 30 minutes before the start of the court session at which the hearing will take place, and during the court session.

SEC. 3.

 Section 18122 of the Penal Code is repealed.

18122.

This division shall become operative on January 1, 2016.

SEC. 4.

 Section 18122 is added to the Penal Code, to read:

18122.

 (a) A court or court facility that receives petitions for any restraining order under this division shall permit those petitions to be submitted electronically during and 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 electronically.

(b) The superior court of each county shall develop local rules and instructions for electronic filing permitted under this section, which shall be posted on its internet website.

(c) The superior court of each county shall provide, and post on its internet website, a telephone number for the public to call to obtain information about electronic filing permitted under this section. The telephone number shall be staffed during regular business hours, and court staff shall respond to all telephonic inquiries within one business day.

SEC. 5.

 Section 18123 is added to the Penal Code, to read:

18123.

 (a) A party or witness may appear remotely at the hearing on a petition for a gun violence restraining order. The superior court of each county shall develop local rules and instructions for remote appearances permitted under this section, which shall be posted on its internet website.

(b) The superior court of each county shall provide, and post on its internet website, a telephone number for the public to call to obtain assistance regarding remote appearances. The telephone number shall be staffed 30 minutes before the start of the court session at which the hearing will take place, and during the court session.

SECTION 1.Section 6320.5 of the Family Code is amended to read:

6320.5.

(a)An order denying a petition for an ex parte order pursuant to Section 6320 shall include the reasons for denying the petition.

(b)An order denying a jurisdictionally adequate petition for an ex parte order, pursuant to Section 6320, shall provide the petitioner the right to a noticed hearing on the earliest date that the business of the court will permit, but not later than 14 days or, if good cause appears to the court, 21 days from the date of the order. The petitioner shall serve on the respondent, at least five days before the hearing, copies of all supporting papers filed with the court, including the application and affidavits.

(c)Notwithstanding subdivision (b), upon the denial of the ex parte order pursuant to Section 6320, the petitioner shall have the option of waiving the right to a noticed hearing. However, this section does not preclude a petitioner who waives the right to a noticed hearing from refiling a new petition, without prejudice, at a later time.