BILL NUMBER: AB 176	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 8, 2013

INTRODUCED BY   Assembly Member Campos

                        JANUARY 24, 2013

   An act to amend Sections 3100, 6383, and 6405 of the Family Code,
and to amend Section 136.2 of the Penal Code, relating to family law.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 176, as amended, Campos. Family law: protective and restraining
orders.
   Existing law requires, if there is more than one civil protective
or restraining order regarding the same parties, a peace officer to
enforce the order issued last. If both criminal and civil protective
or restraining orders have been issued regarding the same parties,
existing law generally requires an officer to enforce the criminal
order issued last.
   This bill would  instead provide that, when there are both
civil and criminal orders an officer must enforce the order that is
more restrictive in relation to the restrained person.  
instead, if more than one order has been issued and one of the
orders is a no-contact order, as described, require an officer to
enforce the   no-contact order.  This bill would also
make related, conforming changes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3100 of the Family Code is amended to read:
   3100.  (a) In making an order pursuant to Chapter 4 (commencing
with Section 3080), the court shall grant reasonable visitation
rights to a parent unless it is shown that the visitation would be
detrimental to the best interest of the child. In the discretion of
the court, reasonable visitation rights may be granted to any other
person having an interest in the welfare of the child.
   (b) If a protective order, as defined in Section 6218, has been
directed to a parent, the court shall consider whether the best
interest of the child requires that any visitation by that parent
 shall  be limited to situations in which a third
person, specified by the court, is present, or whether visitation
shall be suspended or denied. The court shall include in its
deliberations a consideration of the nature of the acts from which
the parent was enjoined and the period of time that has elapsed since
that order. A parent may submit to the court the name of a person
that the parent deems suitable to be present during visitation.
   (c)  If visitation is ordered in a case in which domestic violence
is alleged and an emergency protective order, protective order, or
other restraining order has been issued, the visitation order shall
specify the time, day, place, and manner of transfer of the child, so
as to limit the child's exposure to potential domestic conflict or
violence and to ensure the safety of all family members. If a
criminal protective order has been issued pursuant to Section 136.2
of the Penal Code, the visitation order shall make reference 
to any   to, and unless there is a no-contact order, as
described in Section 6320, acknowledge the precedence of enforcement
of, an  appropriate criminal protective order.
   (d)  If the court finds a party is staying in a place designated
as a shelter for victims of domestic violence or other confidential
location, the court's order for time, day, place, and manner of
transfer of the child for visitation shall be designed to prevent
disclosure of the location of the shelter or other confidential
location.
  SEC. 2.  Section 6383 of the Family Code is amended to read:
   6383.  (a) A temporary restraining order or emergency protective
order issued under this part shall, on request of the petitioner, be
served on the respondent, whether or not the respondent has been
taken into custody, by a law enforcement officer who is present at
the scene of reported domestic violence involving the parties to the
proceeding.
   (b) The petitioner shall provide the officer with an endorsed copy
of the order and a proof of service that the officer shall complete
and transmit to the issuing court.
   (c) It is a rebuttable presumption that the proof of service was
signed on the date of service.
   (d) Upon receiving information at the scene of a domestic violence
incident that a protective order has been issued under this part, or
that a person who has been taken into custody is the respondent to
that order, if the protected person cannot produce an endorsed copy
of the order, a law enforcement officer shall immediately inquire of
the Department of Justice Domestic Violence Restraining Order System
to verify the existence of the order.
   (e) If the law enforcement officer determines that a protective
order has been issued, but not served, the officer shall immediately
notify the respondent of the terms of the order and where a written
copy of the order can be obtained and the officer shall, at that
time, also enforce the order. The law enforcement officer's verbal
notice of the terms of the order shall constitute service of the
order and is sufficient notice for the purposes of this section and
for the purposes of Sections 273.6 and 29825 of the Penal Code.
   (f) If a report is required under Section 13730 of the Penal Code,
or if no report is required, then in the daily incident log, the
officer shall provide the name and assignment of the officer
notifying the respondent pursuant to subdivision (e) and the case
number of the order.
   (g) Upon service of the order outside of the court, a law
enforcement officer shall advise the respondent to go to the local
court to obtain a copy of the order containing the full terms and
conditions of the order.
   (h) There shall be no civil liability on the part of, and no cause
of action for, false arrest or false imprisonment against a peace
officer who makes an arrest pursuant to a protective or restraining
order that is regular upon its face, if the peace  officer
  officer,  in making the  arrest 
 arrest,  acts in good faith and has reasonable cause to
believe that the person against whom the order is issued has notice
of the order and has committed an act in violation of the order. 
If there is more than one order issued and one of the orders issued
is a   no-contact order, as described in Section 6320, the
peace officer shall enforce the no-contact order.  If there is
more than one civil order regarding the same  parties,
  parties and a no-contact order has not been issued,
 the peace officer shall enforce the order that was issued last.
If there are both civil and criminal orders regarding the same
 parties,   parties and a no-contact order has
not been issued,  the peace officer shall enforce the 
order that is more restrictive in relation to the restrained person.
  criminal order issued last, subject to the provisions
of subdivisions   (h) and (i) of Section 136.2 of the Penal
Code.  Nothing in this section shall be deemed to exonerate a
peace officer from liability for the unreasonable use of force in the
enforcement of the order. The immunities afforded by this section
shall not affect the availability of any other immunity 
which   that  may apply, including, but not limited
to, Sections 820.2 and 820.4 of the Government Code.
  SEC. 3.  Section 6405 of the Family Code is amended to read:
   6405.  There shall be no civil liability on the part of, and no
cause of action for false arrest or false imprisonment against, a
peace officer who makes an arrest pursuant to a foreign protection
order that is regular upon its face, if the peace  officer
  officer,  in making the  arrest 
 arrest,  acts in good faith and has reasonable cause to
believe that the person against whom the order is issued has notice
of the order and has committed an act in violation of the order. 
If there is more than one order issued and one of the orders issued
is a no-contact order, as described in Section 6320, the peace
officer shall enforce the no-contact order.  If there is more
than one civil order regarding the same  parties, 
 parties and a no-contact order has not been issued,  the
peace officer shall enforce the order that was issued last. If there
are both civil and criminal orders regarding the same 
parties,   parties and a no-contact order   has
not been issued,  the peace officer shall enforce the 
order that is more restrictive in relation to the restrained person.
  criminal order issued last.  Nothing in this
section shall be deemed to exonerate a peace officer from liability
for the unreasonable use of force in the enforcement of the order.
The immunities afforded by this section shall not affect the
availability of any other immunity that may apply, including, but not
limited to, Sections 820.2 and 820.4 of the Government Code.
  SEC. 4.  Section 136.2 of the Penal Code is amended to read:
   136.2.  (a)  Upon a good cause belief that harm to, or
intimidation or dissuasion of, a victim or witness has occurred or is
reasonably likely to occur, a court with jurisdiction over a
criminal matter may issue orders including, but not limited to, the
following:
   (1) An order issued pursuant to Section 6320 of the Family Code.
   (2) An order that a defendant shall not violate any provision of
Section 136.1.
   (3) An order that a person before the court other than a
defendant, including, but not limited to, a subpoenaed witness or
other person entering the courtroom of the court, shall not violate
any provisions of Section 136.1.
   (4) An order that a person described in this section shall have no
communication whatsoever with a specified witness or a victim,
except through an attorney under reasonable restrictions that the
court may impose.
   (5) An order calling for a hearing to determine if an order as
described in paragraphs (1) to (4), inclusive, should be issued.
   (6) (A) An order that a particular law enforcement agency within
the jurisdiction of the court provide protection for a victim or a
witness, or both, or for immediate family members of a victim or a
witness who reside in the same household as the victim or witness or
within reasonable proximity of the victim's or witness' household, as
determined by the court. The order shall not be made without the
consent of the law enforcement agency except for limited and
specified periods of time and upon an express finding by the court of
a clear and present danger of harm to the victim or witness or
immediate family members of the victim or witness.
   (B) For purposes of this paragraph, "immediate family members"
include the spouse, children, or parents of the victim or witness.
   (7) (A) An order protecting victims of violent crime from all
contact by the defendant, or contact, with the intent to annoy,
harass, threaten, or commit acts of violence, by the defendant. The
court or its designee shall transmit orders made under this paragraph
to law enforcement personnel within one business day of the
issuance, modification, extension, or termination of the order,
pursuant to subdivision (a) of Section 6380 of the Family Code. It is
the responsibility of the court to transmit the modification,
extension, or termination orders made under this paragraph to the
same agency that entered the original protective order into the
Domestic Violence Restraining Order System.
   (B) (i) If a court does not issue an order pursuant to
subparagraph (A) in a case in which the defendant is charged with a
crime of domestic violence as defined in Section 13700, the court on
its own motion shall consider issuing a protective order upon a good
cause belief that harm to, or intimidation or dissuasion of, a victim
or witness has occurred or is reasonably likely to occur, that
provides as follows:
   (I) The defendant shall not own, possess, purchase, receive, or
attempt to purchase or receive, a firearm while the protective order
is in effect.
   (II) The defendant shall relinquish any firearms that he or she
owns or possesses pursuant to Section 527.9 of the Code of Civil
Procedure.
   (ii) Every person who owns, possesses, purchases, or receives, or
attempts to purchase or receive, a firearm while this protective
order is in effect is punishable pursuant to Section 29825.
   (C) An order issued, modified, extended, or terminated by a court
pursuant to this paragraph shall be issued on forms adopted by the
Judicial Council of California and that have been approved by the
Department of Justice pursuant to subdivision (i) of Section 6380 of
the Family Code. However, the fact that an order issued by a court
pursuant to this section was not issued on forms adopted by the
Judicial Council and approved by the Department of Justice shall not,
in and of itself, make the order unenforceable.
   (D) A protective order issued under this paragraph may require the
defendant to be placed on electronic monitoring if the local
government, with the concurrence of the county sheriff or the chief
probation officer with jurisdiction, adopts a policy to authorize
electronic monitoring of defendants and specifies the agency with
jurisdiction for this purpose. If the court determines that the
defendant has the ability to pay for the monitoring program, the
court shall order the defendant to pay for the monitoring. If the
court determines that the defendant does not have the ability to pay
for the electronic monitoring, the court may order electronic
monitoring to be paid for by the local government that adopted the
policy to authorize electronic monitoring. The duration of electronic
monitoring shall not exceed one year from the date the order is
issued. At no time shall the electronic monitoring be in place if the
protective order is not in place.
   (b) A person violating an order made pursuant to paragraphs (1) to
(7), inclusive, of subdivision (a) may be punished for any
substantive offense described in Section 136.1, or for a contempt of
the court making the order. A finding of contempt shall not be a bar
to prosecution for a violation of Section 136.1. However, a person so
held in contempt shall be entitled to credit for punishment imposed
therein against a sentence imposed upon conviction of an offense
described in Section 136.1. A conviction or acquittal for a
substantive offense under Section 136.1 shall be a bar to a
subsequent punishment for contempt arising out of the same act. 
   (c) A no-contact order, as described in Section 6320 of the Family
Code, shall have precedence in enforcement over any other
restraining or protective order.  
   (c) 
    (d)  (1) A person subject to a protective order issued
under this section shall not own, possess, purchase, receive, or
attempt to purchase or receive a firearm while the protective order
is in effect.
   (2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9 of the Code of Civil
Procedure.
   (3) A person who owns, possesses, purchases or receives, or
attempts to purchase or receive a firearm while the protective order
is in effect is punishable pursuant to Section 29825. 
   (d) 
    (e)  (1) In all cases where the defendant is charged
with a crime of domestic violence, as defined in Section 13700, the
court shall consider issuing the above-described orders on its own
motion. All interested parties shall receive a copy of those orders.
In order to facilitate this, the court's records of all criminal
cases involving domestic violence shall be marked to clearly alert
the court to this issue.
   (2) In those cases in which a complaint, information, or
indictment charging a crime of domestic violence, as defined in
Section 13700, has been  issued and there is more than one
restraining order or protective order regarding the same parties and
issued against the same defendant, the order that is more restrictive
relative to the defendant has precedence in enforcement. 
 issued, a restraining order   or protective order
against the defendant issued by the criminal court in that case has
precedence in enforcement over a civil court order against the
defendant, unless a court issues a no-contact order, as described in
Section 6320 of the Family Code, in which case the no-contact order
shall have precedence in enforcement over any other restraining or
protective order. 
   (3) Custody and visitation with respect to the defendant and his
or her minor children may be ordered by a family or juvenile court
consistent with the protocol established pursuant to subdivision
 (e),   (f),  but if ordered after a
criminal protective order has been issued pursuant to this section,
the custody and visitation order shall make reference  to
  to, and if there is not a no-contact order, as
described in Section 6320, acknowledge the precedence of enforcement
of,  an appropriate criminal protective order. On or before July
1, 2014, the Judicial Council shall modify the criminal and civil
court forms consistent with this subdivision. 
   (e) 
    (f)  On or before January 1, 2003, the Judicial Council
shall promulgate a protocol, for adoption by each local court in
substantially similar terms, to provide for the timely coordination
of all orders against the same defendant and in favor of the same
named victim or victims. The protocol shall include, but shall not be
limited to, mechanisms for  assuring   ensuring
 appropriate communication and information sharing between
criminal, family, and juvenile courts concerning orders and cases
that involve the same parties, and shall permit a family or juvenile
court order to coexist with a criminal court protective order subject
to the following conditions:
   (1) An order that permits contact between the restrained person
and his or her children shall provide for the safe exchange of the
children and shall not contain language either printed or handwritten
that violates a "no contact order" issued by a criminal court.
   (2) Safety of all parties shall be the courts' paramount concern.
The family or juvenile court shall specify the time, day, place, and
manner of transfer of the child, as provided in Section 3100 of the
Family Code. 
   (f) 
    (g)  On or before January 1, 2003, the Judicial Council
shall modify the criminal and civil court protective order forms
consistent with this section. 
   (g) 
    (h)  In any case in which a complaint, information, or
indictment charging a crime of domestic violence, as defined in
Section 13700, has been filed, the court may consider, in determining
whether good cause exists to issue an order under paragraph (1) of
subdivision (a), the underlying nature of the offense charged, and
the information provided to the court pursuant to Section 273.75.

   (h) 
    (i)  (1) In all cases in which a criminal defendant has
been convicted of a crime of domestic violence as defined in Section
13700, the court, at the time of sentencing, shall consider issuing
an order restraining the defendant from any contact with the victim.
The order may be valid for up to 10 years, as determined by the
court. This protective order may be issued by the court regardless of
whether the defendant is sentenced to the state prison or a county
jail, or whether imposition of sentence is suspended and the
defendant is placed on probation. It is the intent of the Legislature
in enacting this subdivision that the duration of any restraining
order issued by the court be based upon the seriousness of the facts
before the court, the probability of future violations, and the
safety of the victim and his or her immediate family.
   (2) An order under this subdivision may include provisions for
electronic monitoring if the local government, upon receiving the
concurrence of the county sheriff or the chief probation officer with
jurisdiction, adopts a policy authorizing electronic monitoring of
defendants and specifies the agency with jurisdiction for this
purpose. If the court determines that the defendant has the ability
to pay for the monitoring program, the court shall order the
defendant to pay for the monitoring. If the court determines that the
defendant does not have the ability to pay for the electronic
monitoring, the court may order the electronic monitoring to be paid
for by the local government that adopted the policy authorizing
electronic monitoring. The duration of the electronic monitoring
shall not exceed one year from the date the order is issued. 

   (i) 
    (j)  For purposes of this section, "local government"
means the county that has jurisdiction over the protective order.
   SEC. 5.    The provisions of this act shall become
operative on July 1, 2014.