How SB 99 changes current law

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This bill amends 1 section(s) of the California codes: Section 6383 of the Family Code.

• Section 6383 of the Family Code

  the order. the (h) and (i) the order. (h) and (i) SEC. 3. → SEC. 2.1. Section 6383 of the Family Code is amended to read: that a military protective order has been issued, protective order or military protective relevant a protective order or the National Crime Information Center to verify existence of a military protective order. or ammunition (j) A peace officer required to serve a restraining or protective order under this section shall comply with Article 3 (commencing with Section 26660) of Chapter 2 of Part 3 of Division 2 of Title 3 of the Government Code. For purposes of this subdivision, any reference to “marshal” or “sheriff” in that article shall also include a peace officer required to serve a restraining or protective order under this section.(k) A peace officer required to serve a restraining or protective order under this section may, pursuant to the requirements set forth in Section 6103.2 of the Government Code, submit a billing to the superior court for payment of fees for service of the order. For purposes of this subdivision, any reference to “marshal” or “sheriff” in Section 6103.2 of the Government Code shall also include a peace officer required to serve a restraining or protective order under this section. (l) If a law enforcement officer, pursuant to subdivision (d), determines that a military protective order registered in the National Crime Information Center systems (NCIC) has been issued against a person involved in the domestic violence incident who violates a provision of a protective order issued pursuant to this part or Part 5 (commencing with Section 6400), that officer shall notify the law enforcement agency that entered the military protective order into NCIC that the restrained party may be in violation of a military protective order.(m) Each law enforcement agency in the state that petitions for or enforces protective orders issued pursuant to this division may develop and adopt memoranda of understanding with military law enforcement or other designated representatives of one or more military installations located in whole or in part within the borders of its jurisdiction that govern the investigation and actions related to domestic violence involving service members assigned to units on those installations. Those memoranda may include, but are not limited to, all of the following:(1) To whom, how, and when each party would report information about potential violations of military or civilian protective orders.(2) Each party’s role and responsibilities when conducting an investigation and in providing domestic violence prevention or rehabilitative services to a family in response to the results of the investigations, consistent with state and federal law.(3) Protocols describing what, if any, confidential information may be shared between the parties and for what purposes, in accordance with applicable state and federal law.(n) For the purposes of this section, “military protective order” has the same meaning as defined in Section 6310. SEC. 2.2. Section 6383 of the Family Code is amended to read: that a military protective order has been issued, protective order or military protective relevant a protective order or the National Crime Information Center to verify existence of a military protective (h), (i), and (j) (j) If a law enforcement officer, pursuant to subdivision (d), determines that a military protective order registered in the National Crime Information Center systems (NCIC) has been issued against a person involved in the domestic violence incident who violates a provision of a protective order issued pursuant to this part or Part 5 (commencing with Section 6400), that officer shall notify the law enforcement agency that entered the military protective order into NCIC that the restrained party may be in violation of a military protective order.(k) Each law enforcement agency in the state that petitions for or enforces protective orders issued pursuant to this division may develop and adopt memoranda of understanding with military law e

  amended