SB 421 — Criminal procedure: protective orders.
Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.
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1Introduced
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2In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill has been introduced in the Senate. Introduced February 18, 2025. It must pass committee before a floor vote.
Next likely step: a committee referral and hearing.
Prognosis
Where this bill stands today.
Odds of enactment
LowHow often bills like it became law.
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Introduced
Current position in the legislative process.
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10 sponsors
1 primary, 9 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (6 R).
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Mixed recorded votes
1 passed, 1 failed in recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Existing law allows the court to issue a protective order restraining a defendant from any contact with the victim if the defendant has been convicted of a crime of domestic violence, human trafficking, a crime in furtherance of a criminal street gang, or a registerable sex offense. Under existing law, the protective order may be valid for up to 10 years, as determined by the court. This bill would additionally allow the court to issue a permanent protective order restraining a defendant from any contact with the victim if the defendant has been convicted of any serious or violent felony, as defined, or any felony requiring registration as a sex offender. The bill would also authorize the court to permanently extend certain previously issued orders under certain circumstances. The bill would require the Judicial Council to develop forms, instructions, and rules relating to these orders. The bill would make other conforming changes. By authorizing the issuance of protective orders in certain circumstances and the extension of certain protective orders, a violation of which is punishable as a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Bill Text
What changed in the latest version
1 added · 1 removedPlain-language change summary
The amendment to Bill SB 421 includes a new section of text, while also removing a previous section. This change likely adds important information or clarification to the bill, improving its overall effectiveness. Such updates can help ensure that the legislation addresses the most relevant issues or needs for the community.
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- Introduced 02/18/25 - Introduced Current pdf February 18, 2025
- SB421 View text html
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
This bill amends 7 section(s) of the California codes: Section 6383 of the Family Code; Section 136.2 of the Penal Code; Section 1203.4 of the Penal Code; Section 1203.4a of the Penal Code; Section 1203.4b of the Penal Code; Section 1203.41 of the Penal Code.
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Section 6383 of the Family Code
(h) and (i)→ (h), (i), and (j)amended
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Section 136.2 of the Penal Code
When of subdivision (a), (b), or (c) crime (3) under this subdivision (j)→ Except as otherwise provided in subdivision (j), when misdemeanor (j) (1) When a criminal defendant has been convicted of a violent felony, as defined in Section 667.5, a serious felony, as defined in Section 1192.7, or a felony offense that requires registration pursuant to Section 290, the court shall, in the discretion of the court and unless the victim otherwise requests, consider issuing a protective order that prohibits the defendant from contacting any victim of the crime. Any victim of an offense described in this section may petition the court for the issuance of such an order. (2) A protective order issued pursuant to this subdivision shall not expire and shall be valid for the defendant’s lifetime or until any of the following occur.(A) The victim dies.(B) The underlying conviction is dismissed or overturned.(C) The court, at the request of the victim, removes the protective order. The victim may petition the court for removal of the order at any time and the court may hold a hearing to verify the victim’s request to dismiss the protective order.(3) The court shall serve the defendant with any protective order issued pursuant to this subdivision at the time of sentencing.(4) The provisions of Section 6380 of the Family Code shall apply to a protective order issued pursuant to this subdivision.(5) A protective order issued pursuant to this subdivision may be issued by the court regardless of whether the defendant is sentenced to incarceration in the state prison or a county jail, whether the defendant is subject to mandatory supervision, or whether imposition of sentence is suspended and the defendant is placed on probation. The order may be modified throughout the duration of the order by the court in the county in which the order was issued. (k) An order that was issued pursuant to paragraph (1) of subdivision (i) before January 1, 2025, and that is still in effect may be extended for more than ten years and be valid for the lifetime of the defendant if, during the duration of the order, the defendant has violated the terms and conditions of the order, the defendant has been convicted of an offense described in paragraph (1) of subdivision (j), and the court finds that, based upon the seriousness of the facts before the court, the probability of future violations, and the safety of a victim and the victim’s immediate family, that extension of the protective order is appropriate. Orders extended pursuant to this subdivision shall be subject to the provisions of paragraph (2) and (4) of subdivision (j). (l) issued pursuant to subdivision (i) or (j) (m) The Judicial Council shall develop forms, instructions, and rules relating to protective orders issued or extended pursuant to subdivisions (j) and (k). (n)amended
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Section 1203.4 of the Penal Code
of→ of, or subdivision (j) of,amended
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Section 1203.4a of the Penal Code
of→ of, or subdivision (j) of,amended
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Section 1203.4b of the Penal Code
of→ of, or subdivision (j) of,amended
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Section 1203.41 of the Penal Code
of→ of, or subdivision (j) of,amended
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Section 1203.425 of the Penal Code
of (d)This section shall become operative on October 1, 2024.→ of, or subdivision (j) of,amended
Action History
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Returned to Secretary of Senate pursuant to Joint Rule 56.
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April 1 set for first hearing. Failed passage in committee. (Ayes 2. Noes 3. Page 611.) Reconsideration granted.
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Set for hearing April 1.
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Referred to Com. on PUB. S.
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From printer. May be acted upon on or after March 21.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Ochoa Bogh · Cosponsor
- Alanis · Cosponsor
- Dixon · Cosponsor
- Sanchez · Cosponsor
- Roger W. Niello · Cosponsor
- Brian W. Jones · Cosponsor
- Shannon Grove · Cosponsor
- Marie Alvarado-Gil · Cosponsor
- Suzette Martinez Valladares · Primary
- Kelly Seyarto · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 9 co-sponsors · 112 not signed on · 3 voted No
Sponsors (1)
- Valladares, Suzette Martinez Republican
Co-sponsors (9)
- Ochoa Bogh
- Alanis
- Dixon
- Sanchez
- Niello, Roger W. Republican
- Jones, Brian W. Republican
- Grove, Shannon Republican
- Alvarado-Gil, Marie Republican
- Seyarto, Kelly Republican
Not signed on (112)
112 members have not signed on to this bill.
Show all 112 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 1 | 3 | 0 | 1 |
| Total | 2 | 3 | 0 | 1 |
| % of votes cast | 33% | 50% | 0% | 17% |
How each member voted (6)
| Member | Party | Vote |
|---|---|---|
| Arreguín, Jesse | Democratic | Nay |
| Caballero, Anna M. | Democratic | Not Voting |
| Gonzalez, Lena A. | Democratic | Nay |
| Pérez, Sasha Renée | Democratic | Yea |
| Wiener, Scott D. | Democratic | Nay |
| Seyarto, Kelly | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 5 | 0 | 0 | 0 |
| Total | 6 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (6)
| Member | Party | Vote |
|---|---|---|
| Arreguín, Jesse | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Gonzalez, Lena A. | Democratic | Yea |
| Pérez, Sasha Renée | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Seyarto, Kelly | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 421 do?
- Existing law allows the court to issue a protective order restraining a defendant from any contact with the victim if the defendant has been convicted of a crime of domestic violence, human trafficking, a crime in furtherance of a criminal street gang, or a registerable sex offense. Under existing law, the protective order may be valid for up to 10 years, as determined by the court. This bill would additionally allow the court to issue a permanent protective order restraining a defendant from any contact with the victim if the defendant has been convicted of any serious or violent felony, as defined, or any felony requiring registration as a sex offender. The bill would also authorize the court to permanently extend certain previously issued orders under certain circumstances. The bill would require the Judicial Council to develop forms, instructions, and rules relating to these orders. The bill would make other conforming changes. By authorizing the issuance of protective orders in certain circumstances and the extension of certain protective orders, a violation of which is punishable as a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
- Who sponsors SB 421?
- SB 421 is sponsored by Ochoa Bogh, Alanis, Dixon, Sanchez, Niello, Roger W. (Republican), Jones, Brian W. (Republican), Grove, Shannon (Republican), Alvarado-Gil, Marie (Republican), Valladares, Suzette Martinez (Republican), and Seyarto, Kelly (Republican).
- What is the current status of SB 421?
- This bill has been introduced in the Senate. Introduced February 18, 2025. It must pass committee before a floor vote.
- Where can I track SB 421?
- Track SB 421 free on One Click Politics — get push/email alerts when it moves.
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