California 2013-2014 Regular Session Status: Enacted

AB 1498 — Protective orders.

Last action — Chaptered by Secretary of State - Chapter 665, Statutes of 2014.

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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 January 09, 2014. 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 certain orders 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 a protective order enjoining a party from, among other things, molesting, attacking, threatening, sexually assaulting, harassing, contacting, or coming within a specified distance of the other party, as specified. Existing law requires a court to consider issuing a protective order on its own motion in all cases where the defendant is charged with a crime of domestic violence, as defined, and requires the court's records of all criminal cases involving domestic violence be clearly marked to alert the court of the issue. Existing law provides that a restraining order or protective order issued in a domestic violence case has precedence in enforcement over a civil court order, except as provided. Existing law authorizes the court, in any case in which a complaint, information, or indictment charging domestic violence has been filed, to consider the underlying nature of the offense charged and other specified information in determining whether good cause exists to issue a protective order. This bill would apply these provisions to all cases where the defendant is charged with specified sex crimes, including rape, spousal rape, and crimes for which a person is required to register as a sex offender. The bill would further authorize the court, in any case in which a complaint, information, or indictment charging any of the above-described sex crimes has been filed, to consider the defendant's relationship to the victim, the likelihood of continuing harm to the victim, the defendant's criminal history, as specified, and any current protective or restraining order issued by any civil or criminal court involving the defendant. Existing law provides that a willful and knowing violation of a protective order issued pursuant to the above-described provisions 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. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 136.2 of the Penal Code, proposed by AB 1850 and SB 910, that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2015, and this bill is chaptered last. 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 665, Statutes of 2014.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6030.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 9 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4370.).

  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 5. Noes 0.) (June 17). 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 75. Noes 0. Page 4597.)

  15. Read second time. Ordered to consent calendar.

  16. From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (April 9).

  17. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 25). Re-referred to Com. on APPR.

  18. Referred to Com. on PUB. S.

  19. From printer. May be heard in committee February 9.

  20. Read first time. To print.

Sponsors

  • Campos · Primary

Sponsorship breakdown

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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

AB 1498 CAMPOS Concurrence in Senate Amendments

Passed 78 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 71001
Democratic 4000
Republican 3000
Total 78001
% of votes cast 99%0%0%1%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Yea
Jones-Sawyer — Yea
Maienschein — Yea
Mansoor — Yea
Nazarian — Yea
Perea — Yea
Quirk — Yea
Rodriguez — Yea
Wagner — Yea
Wieckowski — Yea
Dickinson — Yea
Fox — Yea
Campos — Yea
Gatto — Yea
Gomez — Yea
Gordon — Yea
Chau — Yea
Allen — Yea
Chesbro — Yea
Bonilla — Yea
Gorell — Yea
Hagman — Yea
Hall — Yea
Holden — Yea
Linder — Yea
Logue — Yea
Gray — Yea
Medina — Yea
Melendez — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Mullin — Yea
Lowenthal — Yea
Garcia — Yea
Olsen — Yea
Atkins — Yea
Fong — Yea
Alejo — Yea
Bigelow — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Donnelly — Yea
Eggman — Yea
Pan — Yea
Rendon — Yea
Ridley-Thomas — Yea
Skinner — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Levine — Yea
Nestande — Yea
Williams — Yea
Frazier — Yea
Yamada — Yea
Beth Gaines — Yea
Jim Patterson — Not Voting
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 →

3rd Reading AB1498 Campos By Pavley

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Democratic 2001
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Block — Yea
Hill — Yea
Huff — Yea
Lara — Yea
Liu — Yea
Walters — Yea
Evans — Yea
Wright — Not Voting
Wyland — Yea
Mitchell — Yea
De León — Yea
Cannella — Yea
Galgiani — Yea
Hancock — Not Voting
Hernandez — Yea
Hueso — Yea
Corbett — Yea
Correa — Yea
Knight — Yea
Leno — Yea
Lieu — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Steinberg — Yea
Torres — Yea
Vidak — Yea
Wolk — Yea
DeSaulnier — Yea
Fuller — Yea
Yee — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 1498 CAMPOS Consent Calendar Second Day

Passed 75 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 68004
Democratic 4000
Republican 3000
Total 75004
% of votes cast 95%0%0%5%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Not Voting
Jones-Sawyer — Yea
Linder — Yea
Mansoor — Not Voting
Rodriguez — Yea
Waldron — Yea
Wilk — Yea
Chávez — Yea
Yamada — Yea
Frazier — Yea
Gatto — Yea
Gomez — Yea
Allen — Yea
Lowenthal — Yea
Gordon — Yea
Gorell — Yea
Garcia — Yea
Hagman — Yea
Atkins — Yea
Hall — Yea
Fong — Yea
Campos — Yea
Bonilla — Yea
Holden — Yea
Levine — Yea
Logue — Yea
Medina — Yea
Ammiano — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Eggman — Yea
Melendez — Yea
Mullin — Yea
Olsen — Yea
Pan — Yea
Perea — Yea
Quirk — Yea
Ridley-Thomas — Yea
Skinner — Yea
Weber — Yea
Wieckowski — Yea
Williams — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Maienschein — Yea
Gray — Not Voting
Chau — Yea
Chesbro — Yea
Nazarian — Not Voting
Conway — Yea
Donnelly — Yea
Nestande — Yea
Rendon — Yea
Ting — Yea
Wagner — Yea
Dickinson — Yea
Fox — 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 →

Do pass, to Consent Calendar.

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
Bigelow — Yea
Bradford — Yea
Linder — Yea
Ridley-Thomas — Yea
Wagner — Yea
Weber — Yea
Campos — Yea
Gatto — Yea
Bocanegra — Yea
Allen — Yea
Holden — Yea
Donnelly — Yea
Eggman — Yea
Pan — Yea
Quirk — Yea
Gomez — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 1498 do?
Existing law authorizes a court with jurisdiction over a criminal matter to issue certain orders 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 a protective order enjoining a party from, among other things, molesting, attacking, threatening, sexually assaulting, harassing, contacting, or coming within a specified distance of the other party, as specified. Existing law requires a court to consider issuing a protective order on its own motion in all cases where the defendant is charged with a crime of domestic violence, as defined, and requires the court's records of all criminal cases involving domestic violence be clearly marked to alert the court of the issue. Existing law provides that a restraining order or protective order issued in a domestic violence case has precedence in enforcement over a civil court order, except as provided. Existing law authorizes the court, in any case in which a complaint, information, or indictment charging domestic violence has been filed, to consider the underlying nature of the offense charged and other specified information in determining whether good cause exists to issue a protective order. This bill would apply these provisions to all cases where the defendant is charged with specified sex crimes, including rape, spousal rape, and crimes for which a person is required to register as a sex offender. The bill would further authorize the court, in any case in which a complaint, information, or indictment charging any of the above-described sex crimes has been filed, to consider the defendant's relationship to the victim, the likelihood of continuing harm to the victim, the defendant's criminal history, as specified, and any current protective or restraining order issued by any civil or criminal court involving the defendant. Existing law provides that a willful and knowing violation of a protective order issued pursuant to the above-described provisions 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. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 136.2 of the Penal Code, proposed by AB 1850 and SB 910, that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2015, and this bill is chaptered last. 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 1498?
AB 1498 is sponsored by Campos.
What is the current status of AB 1498?
This bill has been enacted into law. Introduced January 09, 2014. Enacted.
Where can I track AB 1498?
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