California 2013-2014 Regular Session Status: Enacted

AB 307 — Protective orders.

Last action — Chaptered by Secretary of State - Chapter 291, Statutes of 2013.

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  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 12, 2013. 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 6 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 with jurisdiction over a criminal matter to issue 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, including an order protecting victims of violent crime from all contact, or contact with the intent to annoy, harass, threaten, or commit acts of violence, by the defendant. Under existing law, the court is required to consider, at the time of sentencing, issuing a protective order, which may be valid for up to 10 years, in a case in which a criminal defendant has been convicted of a crime of domestic violence. Under existing law, contempt of a court order is a misdemeanor, as specified. This bill would also require the court to consider issuing a protective order in a case in which the defendant has been convicted of specified sex crimes, including rape, spousal rape, and crimes for which a person is required to register as a sex offender. Under existing law, a willful and knowing violation of a protective order or stay-away court order issued relating to a victim or witness in a pending criminal proceeding involving domestic violence, issued as a condition of probation after a conviction in a criminal proceeding involving domestic violence or elder or dependent adult abuse, or issued under other specified conditions, constitutes contempt of court, a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, a fine not exceeding $1,000, or by both the imprisonment and the fine, except as specified. This bill would provide that a willful and knowing violation of a protective order or stay-away court order issued relating to a victim or witness in a criminal proceeding, including a proceeding when the conditions of probation are determined, involving domestic violence or elder or dependent adult abuse, or issued upon the conviction of a defendant for a sexual offense involving a minor, or issued under other specified conditions, constitutes contempt of court, a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, a fine not exceeding $1,000, or by both the imprisonment and the fine, except as specified. This bill would incorporate additional changes in Section 136.2 of the Penal Code proposed by AB 176, that would become operative on the date AB 176 becomes operative only if AB 176 and this bill are both chaptered and become effective on or before January 1, 2014, and this bill is chaptered last. By expanding the scope of an existing 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

Action History

  1. Chaptered by Secretary of State - Chapter 291, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 2768.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 1982.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time. Ordered to third reading.

  10. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 18). Re-referred to Com. on APPR.

  12. Referred to Com. on PUB. S.

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1121.)

  15. Read second time. Ordered to consent calendar.

  16. From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (April 17).

  17. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 9). Re-referred to Com. on APPR.

  18. Re-referred to Com. on PUB. S.

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

  20. In committee: Set, first hearing. Hearing canceled at the request of author.

  21. In committee: Hearing postponed by committee.

  22. Referred to Com. on PUB. S.

  23. From printer. May be heard in committee March 15.

  24. Read first time. To print.

Sponsors

  • Campos · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Campos

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

Passed 78 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 71000
Democratic 4000
Republican 3000
Total 78000
% of votes cast 100%0%0%0%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bigelow — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Yea
Holden — Yea
Levine — Yea
Mansoor — Yea
Medina — Yea
Melendez — Yea
Nestande — Yea
Wagner — Yea
Wieckowski — Yea
Williams — Yea
Gorell — Yea
Campos — Yea
Gray — Yea
Mitchell — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Lowenthal — Yea
Hall — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Chesbro — Yea
Linder — Yea
Maienschein — Yea
Pan — Yea
Skinner — Yea
Waldron — Yea
Jones-Sawyer — Yea
Perea — Yea
Chau — Yea
Allen — Yea
Bonilla — Yea
Logue — Yea
Morrell — Yea
Mullin — Yea
Alejo — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Donnelly — Yea
Eggman — Yea
Nazarian — Yea
Olsen — Yea
Quirk — Yea
Rendon — Yea
Ting — Yea
Weber — Yea
Wilk — Yea
Daly — Yea
Dickinson — Yea
Fox — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gomez — Yea
Gordon — Yea
Hagman — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Anderson — Yea
Beall — Yea
Block — Yea
Hill — Yea
Huff — Yea
Knight — Yea
Lara — Yea
Liu — Yea
Nielsen — Yea
Steinberg — Yea
Walters — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Fuller — Yea
Galgiani — Yea
Hernandez — Yea
De León — Yea
Leno — Yea
Lieu — Yea
Torres — Yea
Wright — Yea
Wyland — Yea
Evans — Yea
Cannella — Yea
Hueso — Yea
Corbett — Yea
Monning — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Wolk — Yea
Yee — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Passed 76 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 65003
Democratic 7000
Republican 4000
Total 76003
% of votes cast 96%0%0%4%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Linder — Yea
Maienschein — Yea
Melendez — Yea
Olsen — Yea
Quirk — Yea
Wagner — Yea
Waldron — Yea
Wieckowski — Yea
Daly — Yea
Logue — Yea
Stone — Yea
Gray — Yea
Atkins — Yea
Frazier — Yea
Mitchell — Yea
Campos — Yea
Eggman — Yea
Bonilla — Yea
Gomez — Yea
Gordon — Yea
Gorell — Yea
Hall — Yea
Ammiano — Yea
Bigelow — Yea
Harkey — Yea
Jones-Sawyer — Yea
Levine — Yea
Mansoor — Yea
Medina — Yea
Mullin — Yea
Pan — Yea
Skinner — Yea
Torres — Yea
Wilk — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Chau — Yea
Lowenthal — Not Voting
Morrell — Yea
Chesbro — Yea
Chávez — Yea
Conway — Yea
Cooley — Not Voting
Donnelly — Yea
Nazarian — Not Voting
Nestande — Yea
Perea — Yea
Rendon — Yea
Ting — Yea
Weber — Yea
Williams — Yea
Dickinson — Yea
Fox — Yea
Gatto — Yea
Yamada — Yea
Hagman — Yea
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Ammiano — Yea
Bradford — Yea
Holden — Yea
Linder — Yea
Pan — Yea
Campos — Yea
Bocanegra — Yea
Quirk — Yea
Wagner — Yea
Gatto — Yea
Gomez — Yea
Harkey — Yea
Bigelow — Yea
Eggman — Yea
Donnelly — Yea
Hall — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 307 do?
Existing law authorizes a court with jurisdiction over a criminal matter to issue 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, including an order protecting victims of violent crime from all contact, or contact with the intent to annoy, harass, threaten, or commit acts of violence, by the defendant. Under existing law, the court is required to consider, at the time of sentencing, issuing a protective order, which may be valid for up to 10 years, in a case in which a criminal defendant has been convicted of a crime of domestic violence. Under existing law, contempt of a court order is a misdemeanor, as specified. This bill would also require the court to consider issuing a protective order in a case in which the defendant has been convicted of specified sex crimes, including rape, spousal rape, and crimes for which a person is required to register as a sex offender. Under existing law, a willful and knowing violation of a protective order or stay-away court order issued relating to a victim or witness in a pending criminal proceeding involving domestic violence, issued as a condition of probation after a conviction in a criminal proceeding involving domestic violence or elder or dependent adult abuse, or issued under other specified conditions, constitutes contempt of court, a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, a fine not exceeding $1,000, or by both the imprisonment and the fine, except as specified. This bill would provide that a willful and knowing violation of a protective order or stay-away court order issued relating to a victim or witness in a criminal proceeding, including a proceeding when the conditions of probation are determined, involving domestic violence or elder or dependent adult abuse, or issued upon the conviction of a defendant for a sexual offense involving a minor, or issued under other specified conditions, constitutes contempt of court, a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, a fine not exceeding $1,000, or by both the imprisonment and the fine, except as specified. This bill would incorporate additional changes in Section 136.2 of the Penal Code proposed by AB 176, that would become operative on the date AB 176 becomes operative only if AB 176 and this bill are both chaptered and become effective on or before January 1, 2014, and this bill is chaptered last. By expanding the scope of an existing 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 AB 307?
AB 307 is sponsored by Campos.
What is the current status of AB 307?
This bill has been enacted into law. Introduced February 12, 2013. Enacted.
Where can I track AB 307?
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