AB 925 — Protective orders: confidential information regarding minors.

Summary

(1) Existing law authorizes a person who has suffered harassment to seek a temporary restraining order and an order prohibiting the harassment. Existing law authorizes a minor or the minor's legal guardian to petition the court to have information regarding the minor that was obtained while issuing a protective order pursuant to this provision to be kept confidential. Disclosure or misuse of information ordered to be kept confidential is enforced as a civil contempt of court, punishable by a fine of up to $1,000. This bill would require a notice to be sent to the respondent of a petition seeking an order to keep information confidential that identifies the information that has been made confidential and a statement that a disclosure is punishable by a monetary fine. The bill would authorize a court, either on its own motion at any time or upon a petition filed by a person, to grant a disclosure of information ordered to be kept confidential to certain individuals or entities as necessary to prevent harassment or if it is in the best interest of the minor. The bill would require the party who sought to keep the information confidential to be served with a petition to disclose confidential information and afforded an opportunity to object. The bill would authorize the minor's legal guardian who petitioned to keep the information confidential, the party protected by an order issued under the act, or a person who received confidential information to disclose confidential information without a court order under specified conditions. The bill would modify the civil contempt fine for a disclosure or misuse of confidential information to instead authorize a court to impose a sanction of up to $1,000 for a disclosure of confidential information made without a court order, except that the bill would prohibit the court from imposing a sanction upon a minor who alleged harassment. The bill would require a court, before imposing a sanction, to first determine whether a person has, or is reasonably likely to have, the ability to pay a sanction. (2) The Domestic Violence Prevention Act, among other things, authorizes a court, upon a petition by a minor or the minor's legal guardian, to order information regarding the minor obtained while issuing a protective order pursuant to the act to be kept confidential. The act requires the information regarding the minor that is ordered to be kept confidential to be maintained in a confidential case file and prohibits the information from becoming part of the public file in the proceeding or any other civil proceeding. Disclosure or misuse of the confidential information is enforced as a civil contempt of court, punishable by a fine of up to $1,000. This bill would modify the prohibition on the confidential information becoming part of the public file to instead prohibit the information from becoming part of the public file in the proceeding, any other proceeding initiated under the Family Code, or any other civil proceeding. The bill would authorize a court to grant a petition to disclose confidential information, if the court makes certain determinations, and would require the party who sought to keep the information confidential to be served with the petition and afforded an opportunity to object. The bill would authorize the court, at any time and on its own, to authorize a disclosure of any portion of the confidential information to certain individuals or entities if certain conditions are met. The bill would authorize the minor's legal guardian who petitioned to keep the information confidential, the party protected by an order issued under the act, or a person who received confidential information to disclose confidential information without a court order under specified conditions. The bill would modify the civil contempt fine for a disclosure or misuse of confidential information to instead authorize a court to impose a sanction of up to $1,000 for a disclosure of confidential information that is not allowed under the provisions described above, except that the bill would prohibit the court from imposing a sanction upon a minor who alleged abuse, as defined. The bill would require a court, before imposing a sanction, to first determine whether a person has, or is reasonably likely to have, the ability to pay a sanction. (3) The bill would also make technical, nonsubstantive changes to these provisions.

Bill Text

• Chaptered 09/12/19 - Chaptered Current pdf September 12, 2019
• Enrolled 09/03/19 - Enrolled pdf September 03, 2019
• Amended 08/15/19 - Amended Senate pdf August 15, 2019
• Amended 06/10/19 - Amended Senate pdf June 10, 2019
• Amended 05/23/19 - Amended Senate pdf May 23, 2019
• Amended 03/28/19 - Amended Assembly pdf March 28, 2019
• Amended 03/18/19 - Amended Assembly pdf March 18, 2019
• Introduced 02/20/19 - Introduced pdf February 20, 2019
• AB925 View text html

Action History

1. September 12, 2019

   Chaptered by Secretary of State - Chapter 294, Statutes of 2019.

2. September 12, 2019

   Approved by the Governor.

3. September 05, 2019

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

4. August 30, 2019

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 2897.).

5. August 27, 2019

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

6. August 26, 2019

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2288.).

7. August 19, 2019

   Read second time. Ordered to third reading.

8. August 15, 2019

   Read third time and amended. Ordered to second reading.

9. July 05, 2019

   Ordered to third reading.

10. July 05, 2019

    From Consent Calendar.

11. July 02, 2019

    Read second time. Ordered to Consent Calendar.

12. July 01, 2019

    From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.

13. June 19, 2019

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (June 18). Re-referred to Com. on APPR.

14. June 10, 2019

    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. May 29, 2019

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

16. May 23, 2019

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

17. May 08, 2019

    Referred to Com. on JUD.

18. April 25, 2019

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

19. April 25, 2019

    Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1362.)

20. April 11, 2019

    Read second time. Ordered to Consent Calendar.

21. April 10, 2019

    From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (April 10).

22. April 01, 2019

    Re-referred to Com. on APPR.

23. March 28, 2019

    Read second time and amended.

24. March 27, 2019

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (March 26).

25. March 19, 2019

    Re-referred to Com. on JUD.

26. March 18, 2019

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

27. March 04, 2019

    Referred to Com. on JUD.

28. February 21, 2019

    From printer. May be heard in committee March 23.

29. February 20, 2019

    Read first time. To print.

Sponsors

• Gloria · Primary

Votes

Subjects