Bill Text: CA SB994 | 2017-2018 | Regular Session | Amended
Bill Title: Employees: leave provisions: database.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2018-05-21 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. [SB994 Detail]
Download: California-2017-SB994-Amended.html
|
Amended
IN
Senate
May 21, 2018 |
| Senate Bill | No. 994 |
| Introduced by Senator Gaines |
February 05, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Under existing law, an intentional and knowing violation of a protective order, as defined, is a misdemeanor. Under existing law, a violation of a protective order that results in physical injury is generally punishable by imprisonment in a county jail for not less than 30 days nor more than a year. Under existing law, a subsequent violation of a protective order involving violence within 7 years of a prior conviction for violating a protective order is punishable as a misdemeanor or a felony.
This bill would make technical, nonsubstantive changes to these provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 98.11 is added to the Labor Code, immediately following Section 98.10, to read:98.11.
(a) On or before July 1, 2019, the Labor Commissioner shall create and maintain a public database on the homepage of the Internet Web site of the department, containing all of the current federal and state laws regarding the requirements for employers to provide paid and unpaid time off for employees. The database shall have a heading for each type of leave required by law, a reference to the law creating the leave requirement, and a summary in plain language describing the amount and type of leave and employee eligibility requirements. Each section of the database shall also contain a hyperlink to the law containing the employee leave requirements.(a)An intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.
(b)In the event of a violation of subdivision (a) that results in physical injury, the person shall be punished by a fine
of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than 30 days nor more than one year, or by both that fine and imprisonment. However, if the person is imprisoned in a county jail for at least 48 hours, the court may, in the interest of justice and for reasons stated on the record, reduce or eliminate the 30-day minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.
(c)Subdivisions (a) and (b) shall apply to the following court orders:
(1)An order issued pursuant to Section 6320 or 6389 of the Family Code.
(2)An order excluding one party from the family dwelling or from the dwelling of the other.
(3)An order enjoining a party from specified behavior that the court determined was necessary to effectuate the order described in subdivision (a).
(4)An order issued by another state that is recognized
under Part 5 (commencing with Section 6400) of Division 10 of the Family Code.
(d)A subsequent conviction for a violation of an order described in subdivision (a), occurring within seven years of a prior conviction for a violation of an order described in subdivision (a) and involving an act of violence or “a credible threat” of violence, as defined in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170.
(e)In the event of a subsequent conviction for a violation of an order described in subdivision (a) for an act occurring within one year of a prior conviction for a violation of an order described in subdivision (a) that results in physical injury to a victim, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail
for not less than six months nor more than one year, by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170. However, if the person is imprisoned in a county jail for at least 30 days, the court may, in the interest of justice and for reasons stated in the record, reduce or eliminate the six-month minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.
(f)The prosecuting agency of each county shall have the primary responsibility for the enforcement of orders
described in subdivisions (a), (b), (d), and (e).
(g)(1)A person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, shall be punished under Section 29825.
(2)A person subject to a
protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (f) of Section 527.9 of the Code of Civil Procedure, or subdivision (h) of Section 6389 of the Family Code.
(h)If probation is granted upon conviction of a violation of subdivision (a), (b), (c), (d), or (e), the court shall impose probation consistent with Section 1203.097, and the conditions of probation may include, in lieu of a fine, one or both of the following requirements:
(1)That the defendant make payments to a battered women’s shelter or to a shelter for abused elder persons or dependent adults, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097.
(2)That the
defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense.
(i)For any order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under subdivision (e), the court shall make a determination of the defendant’s ability to pay. In no event shall any order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a
shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.
