California 2011-2012 Regular Session Status: Enacted

AB 454 — Protective orders: early termination.

Last action — Chaptered by Secretary of State - Chapter 101, Statutes of 2011.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 15, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 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 authorizes a court to issue an injunction enjoining a party from certain acts and behaviors in a variety of circumstances, including in cases of harassment, workplace violence, potential violence at a postsecondary school campus, domestic violence, child abuse, and elder abuse. Existing law permits a court to terminate or modify these protective orders, which may include stay-away and residence exclusion orders, on written stipulation filed with the court or on the motion of a party. This bill would require, if an action is filed for the purpose of terminating or modifying specified protective orders prior to their expiration by a party other than the protected party, that the party who is protected by the order be given notice, as specified, of the proceeding to hear that action prior to the hearing, as specified. The bill would require a court to deny the motion to modify or terminate the order without prejudice or continue the hearing if the party cannot be notified prior to the hearing, provided that upon a showing of good cause, the bill would authorize a court to specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The bill would permit the protected person to waive his or right to notice under specified circumstances.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 101, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12:45 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 0. Page 2157.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 29 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 1573.).

  7. Ordered to special consent calendar.

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 5. Noes 0.) (June 7).

  10. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  12. Referred to Com. on JUD.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time. Passed. Ordered to the Senate. (Ayes 71. Noes 0. Page 702.)

  15. Read second time. Ordered to consent calendar.

  16. From committee: Do pass. To consent calendar. (Ayes 10. Noes 0.) (March 22).

  17. Re-referred to Com. on JUD.

  18. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  19. Referred to Com. on JUD.

  20. From printer. May be heard in committee March 18.

  21. Read first time. To print.

Sponsors

  • Silva · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Silva

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 454 SILVA Concurrence in Senate Amendments

Passed 62 Yea · 0 Nay · 18 Other
Party YeaNayPresentNot Voting
Republican 1001
Unaffiliated 600017
Democratic 1000
Total 620018
% of votes cast 78%0%0%23%
How each member voted (80)
Member Party Vote
Hall — Not Voting
Feuer — Yea
Carter — Yea
Alejo — Yea
Cook — Yea
Fong — Yea
Butler — Yea
Allen — Yea
Yamada — Yea
Furutani — Not Voting
Galgiani — Yea
Garrick — Not Voting
Gordon — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Gorell — Not Voting
Hagman — Yea
Halderman — Yea
Campos — Yea
Harkey — Not Voting
Bonilla — Yea
Hayashi — Yea
Huber — Yea
Fletcher — Not Voting
Hueso — Yea
Atkins — Not Voting
Cedillo — Not Voting
Beall — Yea
Block — Yea
Chesbro — Yea
Conway — Yea
Davis — Yea
Donnelly — Yea
Jeffries — Yea
Knight — Yea
Logue — Yea
Mendoza — Not Voting
Miller — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Pan — Yea
Perea — Not Voting
Skinner — Yea
Smyth — Not Voting
Swanson — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Achadjian — Yea
Ammiano — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Lara — Not Voting
Ma — Not Voting
Mansoor — Yea
Morrell — Yea
Norby — Yea
Olsen — Yea
Silva — Yea
Solorio — Yea
Valadao — Yea
Williams — Yea
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Bonnie Lowenthal — Not Voting
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Yea

Official roll call →

Special Consent #5 AB454 Silva By Harman

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 1000
Democratic 2000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Not Voting
Wyland — Yea
Cannella — Yea
Lowenthal — Yea
De León — Yea
Hancock — Yea
Negrete McLeod — Yea
Harman — Yea
Rubio — Yea
Blakeslee — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Runner — Not Voting
Dutton — Yea
Alquist — Yea
Anderson — Yea
Hernandez — Yea
Price — Yea
Vargas — Yea
Wright — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
Evans — Not Voting
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 5 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Total 5000
% of votes cast 100%0%0%0%
How each member voted (5)
Member Party Vote
Evans — Yea
Corbett — Yea
Blakeslee — Yea
Harman — Yea
Leno — Yea

Official roll call →

AB 454 SILVA Consent Calendar Second Day

Passed 71 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 68006
Republican 1001
Democratic 2001
Total 71008
% of votes cast 90%0%0%10%
How each member voted (79)
Member Party Vote
Gorell — Not Voting
Fuentes — Yea
Butler — Yea
Garrick — Yea
Gatto — Yea
Hagman — Yea
Hill — Yea
Huber — Yea
Portantino — Yea
John A. Pérez — Yea
Ammiano — Yea
Carter — Yea
Cedillo — Yea
Conway — Yea
Cook — Yea
Logue — Yea
Olsen — Yea
Skinner — Yea
Valadao — Yea
Wagner — Yea
Mitchell — Yea
Galgiani — Yea
Fletcher — Yea
Gordon — Yea
Chesbro — Yea
Davis — Yea
Halderman — Yea
Hall — Yea
Harkey — Yea
Hueso — Yea
Jeffries — Yea
Knight — Yea
Nestande — Yea
Pan — Yea
Silva — Yea
Bonilla — Yea
Atkins — Yea
Dickinson — Yea
Mendoza — Yea
Monning — Yea
Wieckowski — Yea
Campos — Yea
Lara — Not Voting
Morrell — Yea
Nielsen — Not Voting
Norby — Not Voting
Solorio — Yea
Swanson — Not Voting
Achadjian — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huffman — Yea
Ma — Yea
Mansoor — Yea
Miller — Yea
Perea — Yea
Smyth — Yea
Torres — Yea
Williams — Yea
Eng — Yea
Feuer — Yea
Donnelly — Not Voting
Furutani — Yea
Yamada — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Not Voting
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass, to Consent Calendar.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 9000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Atkins — Yea
Feuer — Yea
Huber — Yea
Huffman — Yea
Monning — Yea
Silva — Yea
Wagner — Yea
Wieckowski — Yea
Dickinson — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 454 do?
Existing law authorizes a court to issue an injunction enjoining a party from certain acts and behaviors in a variety of circumstances, including in cases of harassment, workplace violence, potential violence at a postsecondary school campus, domestic violence, child abuse, and elder abuse. Existing law permits a court to terminate or modify these protective orders, which may include stay-away and residence exclusion orders, on written stipulation filed with the court or on the motion of a party. This bill would require, if an action is filed for the purpose of terminating or modifying specified protective orders prior to their expiration by a party other than the protected party, that the party who is protected by the order be given notice, as specified, of the proceeding to hear that action prior to the hearing, as specified. The bill would require a court to deny the motion to modify or terminate the order without prejudice or continue the hearing if the party cannot be notified prior to the hearing, provided that upon a showing of good cause, the bill would authorize a court to specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The bill would permit the protected person to waive his or right to notice under specified circumstances.
Who sponsors AB 454?
AB 454 is sponsored by Silva.
What is the current status of AB 454?
This bill has been enacted into law. Introduced February 15, 2011. Enacted.
Where can I track AB 454?
Track AB 454 free on One Click Politics — get push/email alerts when it moves.

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