Restraining orders: duration.
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SB 853 — Restraining orders: duration.
Last action — May 27 set for first hearing. Failed passage in committee. (Ayes 1. Noes 1.) Reconsideration granted.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law allows the court to issue a protective order restraining a defendant from any contact with the victim if the defendant has been convicted of a crime of domestic violence, human trafficking, a crime in furtherance of a criminal street gang, or a registerable sex offense. Under existing law, the protective order may be valid for up to 10 years, as determined by the court. Existing law, commencing January 1, 2021, requires a person required to register as a sex offender to register for 10 years, 20 years, or life, depending on the conviction for which the person is required to register. This bill would, commencing July 1, 2022, in cases in which the defendant has been convicted for a felony offense that requires sex offender registration, allow the court to make the protective order valid for up to the duration of the period of registration. Because a violation of the protective order would be a 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
- Amended 03/16/20 - Amended Senate Current pdf March 16, 2020
- Introduced 01/13/20 - Introduced pdf January 13, 2020
- SB853 View text html
Action History
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May 27 set for first hearing. Failed passage in committee. (Ayes 1. Noes 1.) Reconsideration granted.
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Set for hearing May 27.
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March 31 hearing postponed by committee.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
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Set for hearing March 31.
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Referred to Com. on PUB. S.
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From printer. May be acted upon on or after February 13.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Melissa Hurtado · Primary
- Galgiani · Cosponsor
- Shannon Grove · Cosponsor
- Thomas J. Umberg · Cosponsor
- Arambula · Cosponsor
- Cooper · Cosponsor
- Susan Rubio · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 6 co-sponsors · 115 not signed on · 1 voted No
Sponsors (1)
- Hurtado, Melissa Democratic
Co-sponsors (6)
- Galgiani
- Grove, Shannon Republican
- Umberg, Thomas J. Democratic
- Arambula
- Cooper
- Rubio, Susan Democratic
Not signed on (115)
115 members have not signed on to this bill.
Show all 115 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Morrell | — | Yea |
| Moorlach | — | Yea |
| Skinner | — | Yea |
| Mitchell | — | Yea |
| Bradford | — | Yea |
| Jackson, Corey A. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 0 | 1 | 0 | 1 |
| Unaffiliated | 1 | 0 | 0 | 4 |
| Total | 1 | 1 | 0 | 5 |
| % of votes cast | 14% | 14% | 0% | 71% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Morrell | — | Yea |
| Moorlach | — | Not Voting |
| Skinner | — | Not Voting |
| Mitchell | — | Not Voting |
| Bradford | — | Not Voting |
| Jackson, Corey A. | Democratic | Not Voting |
| Wiener, Scott D. | Democratic | Nay |
Subjects
Frequently asked questions
- What does SB 853 do?
- Existing law allows the court to issue a protective order restraining a defendant from any contact with the victim if the defendant has been convicted of a crime of domestic violence, human trafficking, a crime in furtherance of a criminal street gang, or a registerable sex offense. Under existing law, the protective order may be valid for up to 10 years, as determined by the court. Existing law, commencing January 1, 2021, requires a person required to register as a sex offender to register for 10 years, 20 years, or life, depending on the conviction for which the person is required to register. This bill would, commencing July 1, 2022, in cases in which the defendant has been convicted for a felony offense that requires sex offender registration, allow the court to make the protective order valid for up to the duration of the period of registration. Because a violation of the protective order would be a 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 SB 853?
- SB 853 is sponsored by Hurtado, Melissa (Democratic), Galgiani, Grove, Shannon (Republican), Umberg, Thomas J. (Democratic), Arambula, Cooper, and Rubio, Susan (Democratic).
- What is the current status of SB 853?
- This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 853?
- Track SB 853 free on One Click Politics — get push/email alerts when it moves.
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