How AB 1753 changes current law

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This bill amends 4 section(s) of the California codes: Section 6383 of the Family Code; Section 422.85 of the Penal Code; Section 422.865 of the Penal Code; Section 422.88 of the Penal Code.

• Section 6383 of the Family Code

  the order. (h) and (i) the order. (h) and (i) → SEC. 11.1. 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. 11.2. Section 6383 of the Family Code is amended to read: (h), (i), and (j) 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. SEC. 11.3. Section 6383 of the

  amended

• Section 422.85 of the Penal Code

  county → country

  amended

• Section 422.865 of the Penal Code

  county county → country country

  amended

• Section 422.88 of the Penal Code

  (c)If the court does not issue any protective order against the defendant to protect any person identified in subdivision (a), the court shall, upon request by a prosecutor or victim or on the court’s own motion, consider issuing a protective order equivalent to the firearm prohibition order described in clause (ii) of subparagraph (G) of paragraph (1) of subdivision (a) of Section 136.2, which does not name a protected person but provides as follows:(1)The defendant shall not own, possess, have custody or control of, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.(2)The defendant shall relinquish any firearms or ammunition pursuant to Section 527.9 of the Code of Civil Procedure.(3)A person who owns, possesses, has custody or control of, purchases, receives, or attempts to purchase or receive a firearm while the protective order is in effect is punishable pursuant to Section 29825.(d) SEC. 22. SEC. 23. SEC. 24. SEC. 25. SEC. 26. one one one one one one one (i) SEC. 27. SEC. 28. SEC. 29. → (c) (d) This section shall remain in effect until July 1, 2029, and as of January 1, 2030, is repealed. SEC. 22. Section 422.88 is added to the Penal Code, to read: 422.88. (a) The court in which a criminal proceeding stemming from a hate crime or alleged hate crime is filed shall take all actions reasonably required, including granting criminal protective or restraining orders, to safeguard the health, safety, or privacy of the alleged victim, or of a person who is a victim of, or at risk of becoming a victim of, a hate crime.(b) The court in which a criminal proceeding stemming from a hate crime or alleged hate crime is filed shall, upon request by a prosecutor or victim or on the court’s own motion, consider issuing a criminal protective order against the defendant to protect a person identified in subdivision (a) of this section.(c) If the court does not issue any protective order against the defendant to protect any person identified in subdivision (a), the court shall, upon request by a prosecutor or victim or on the court’s own motion, consider issuing a protective order equivalent to the firearm prohibition order described in clause (ii) of subparagraph (G) of paragraph (1) of subdivision (a) of Section 136.2, which does not name a protected person but provides as follows:(1) The defendant shall not own, possess, have custody or control of, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.(2) The defendant shall relinquish any firearms or ammunition pursuant to Section 527.9 of the Code of Civil Procedure.(3) A person who owns, possesses, has custody or control of, purchases, receives, or attempts to purchase or receive a firearm while the protective order is in effect is punishable pursuant to Section 29825.(d) Restraining orders issued pursuant to subdivision (a) or (b) may include, without limitation, provisions prohibiting or restricting the photographing of a person who is a victim of, or at risk of becoming a victim of, a hate crime when reasonably required to safeguard the health, safety, or privacy of that person.(e) This section shall become operative on July 1, 2029. SEC. 23. SEC. 24. SEC. 25. SEC. 26. SEC. 27. SEC. 27.5. Section 29805 of the Penal Code is amended to read: 1 1 1 1 1 1 1 (i) Any person who is convicted on or after January 1, 2027, of a misdemeanor violation of Section 273.65, 422.3, 422.7, 422.77, 18205, 29815, 29825, or 30305, or of subdivision (c) or (d) of Section 166, or any other offense that is defined as a hate crime under Title 11.6 of Part 1, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding 1 year, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.(j) Any person, who is convicted on or after January 1, 2027, of a violation of subdivision (a) of Section 23920 and who, within 10 years of the conviction, owns, purchases, receives, or has in their possession or under their custody or control any firearm, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (k) SEC. 28. SEC. 29. SEC. 30.

  amended