California 2013-2014 Regular Session Status: Enacted 1 D cosponsors

AB 2089 — Domestic violence: protective orders.

Last action — Chaptered by Secretary of State - Chapter 635, 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 February 20, 2014. Enacted.

Prognosis

Likely to advance 76% · 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.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 8 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

The Domestic Violence Prevention Act authorizes a judicial officer to issue a protective order after notice and a hearing for the purpose of preventing a recurrence of domestic violence and sexual abuse and ensuring a period of separation of the persons involved, based on an affidavit showing reasonable proof of past abuse. The act defines domestic violence as abuse perpetrated against specified persons, and further defines abuse within that context. Existing law requires, under certain circumstances, the clerk of the court to submit the proof of service of a protective order directly into the Department of Justice Domestic Violation Restraining Order System. This bill would instead authorize the issuance of a protective order after notice and a hearing for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and ensuring a period of separation of the persons involved. The bill would provide that, in determining whether to grant or deny a protective order, the length of time since the most recent act of abuse is not, by itself, determinative. The bill would also require the trial court, if the court denies a petition to issue a protective order, to provide a brief statement of the reasons for its decision either in writing or on the record. Existing law authorizes the court to issue a mutual order enjoining the parties from specific acts of abuse if both parties personally appear, each party presents written evidence of abuse or domestic violence, and the court makes detailed findings of fact indicating that both parties acted primarily as aggressors and that neither party acted primarily in self-defense. This bill would provide that, for the purposes of these provisions, a court should consider specified provisions relating to dominant aggressors in determining if both parties acted primarily as aggressors.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 635, Statutes of 2014.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 6353.).

  5. Assembly Rule 77 suspended. (Page 6347.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 23 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 0. Page 4699.).

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

  9. From committee: Do pass as amended. (Ayes 5. Noes 0.) (August 14).

  10. In committee: Placed on APPR. suspense file.

  11. In committee: Hearing postponed by committee.

  12. Read second time and amended. Re-referred to Com. on APPR.

  13. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 10).

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

  15. Referred to Com. on JUD.

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

  17. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 4837.)

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 17. Noes 0.) (April 30).

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 22). Re-referred to Com. on APPR.

  21. Re-referred to Com. on JUD.

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

  23. Referred to Com. on JUD.

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

  25. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Quirk

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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 2089 QUIRK Concurrence in Senate Amendments

Passed 76 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 69003
Democratic 4000
Republican 3000
Total 76003
% of votes cast 96%0%0%4%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Levine — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Yea
Nestande — Yea
Skinner — Yea
Wagner — Yea
Weber — Yea
Cooley — Yea
Daly — Yea
Allen — Yea
Lowenthal — Yea
Gomez — Yea
Garcia — Yea
Gordon — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Ammiano — Yea
Dababneh — Yea
Hagman — Yea
Bonilla — Yea
Holden — Yea
Logue — Yea
Nazarian — Yea
Olsen — Yea
Quirk — Yea
Rodriguez — Yea
Waldron — Yea
Wilk — Yea
Fox — Yea
Harkey — Yea
Bocanegra — Yea
Jones-Sawyer — Yea
John A. Pérez — Yea
Medina — Yea
Salas — Yea
Melendez — Yea
Mullin — Yea
Campos — Yea
Pan — Yea
Perea — Yea
Chau — Yea
Rendon — Yea
Bigelow — Not Voting
Chesbro — Yea
Chávez — Yea
Conway — Yea
Dickinson — Yea
Donnelly — Yea
Eggman — Yea
Ridley-Thomas — Not Voting
Ting — Yea
Wieckowski — Yea
Williams — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gorell — Yea
Hall — Not Voting
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 →

3rd Reading AB2089 Quirk By Anderson

Passed 34 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 32005
Democratic 2001
Total 34006
% of votes cast 85%0%0%15%
How each member voted (40)
Member Party Vote
Beall — Yea
Block — Yea
Knight — Yea
Liu — Yea
Steinberg — Yea
Vidak — Yea
Wyland — Not Voting
Correa — Yea
Evans — Yea
Hernandez — Yea
Mitchell — Yea
Huff — Yea
Leno — Yea
Nielsen — Yea
Torres — Yea
Wright — Not Voting
De León — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Lieu — Yea
Monning — Yea
Cannella — Yea
Corbett — Yea
Anderson — Yea
Morrell — Yea
Pavley — Yea
Roth — Yea
Walters — Not Voting
Wolk — Yea
DeSaulnier — Yea
Fuller — Yea
Galgiani — Yea
Yee — Not Voting
Hancock — 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 →

Do pass as amended.

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 4002
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Walters — Not Voting
De León — Yea
Hill — Yea
Lara — Yea
Steinberg — Yea
Beth Gaines — Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 2089 QUIRK Assembly Third Reading

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
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Yea
Levine — Yea
Linder — Yea
Mansoor — Not Voting
Nazarian — Yea
Pan — Yea
Quirk — Yea
Ridley-Thomas — Yea
Ting — Yea
Wilk — Yea
Allen — Yea
Lowenthal — Yea
Frazier — Yea
Garcia — Yea
Gomez — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Campos — Yea
Chesbro — Yea
Bonilla — Yea
Hagman — Yea
Hall — Yea
Holden — Yea
Jones-Sawyer — Yea
Bocanegra — Yea
Logue — Yea
Maienschein — Yea
John A. Pérez — Yea
Medina — Yea
Salas — Yea
Melendez — Yea
Mullin — Yea
Bigelow — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Donnelly — Yea
Nestande — Yea
Olsen — Yea
Perea — Yea
Rendon — Yea
Rodriguez — Yea
Skinner — Yea
Wagner — Yea
Waldron — Yea
Weber — Yea
Wieckowski — Yea
Williams — Yea
Chau — Yea
Gorell — Not Voting
Eggman — Not Voting
Dickinson — Yea
Fox — Yea
Gatto — Yea
Yamada — Yea
Gordon — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
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.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Republican 1000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bradford — Yea
Linder — Yea
Ridley-Thomas — Yea
Bocanegra — Yea
Gatto — Yea
Campos — Yea
Holden — Yea
Bigelow — Yea
Donnelly — Yea
Eggman — Yea
Pan — Yea
Quirk — Yea
Wagner — Yea
Weber — Yea
Gomez — Yea
Calderon, Lisa Democratic 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 2089 do?
The Domestic Violence Prevention Act authorizes a judicial officer to issue a protective order after notice and a hearing for the purpose of preventing a recurrence of domestic violence and sexual abuse and ensuring a period of separation of the persons involved, based on an affidavit showing reasonable proof of past abuse. The act defines domestic violence as abuse perpetrated against specified persons, and further defines abuse within that context. Existing law requires, under certain circumstances, the clerk of the court to submit the proof of service of a protective order directly into the Department of Justice Domestic Violation Restraining Order System. This bill would instead authorize the issuance of a protective order after notice and a hearing for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and ensuring a period of separation of the persons involved. The bill would provide that, in determining whether to grant or deny a protective order, the length of time since the most recent act of abuse is not, by itself, determinative. The bill would also require the trial court, if the court denies a petition to issue a protective order, to provide a brief statement of the reasons for its decision either in writing or on the record. Existing law authorizes the court to issue a mutual order enjoining the parties from specific acts of abuse if both parties personally appear, each party presents written evidence of abuse or domestic violence, and the court makes detailed findings of fact indicating that both parties acted primarily as aggressors and that neither party acted primarily in self-defense. This bill would provide that, for the purposes of these provisions, a court should consider specified provisions relating to dominant aggressors in determining if both parties acted primarily as aggressors.
Who sponsors AB 2089?
AB 2089 is sponsored by Anderson, Quirk, and Jackson, Corey A. (Democratic).
What is the current status of AB 2089?
This bill has been enacted into law. Introduced February 20, 2014. Enacted.
Where can I track AB 2089?
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