California 2021-2022 Regular Session Status: In Committee

AB 2040 — Criminal procedure: restraining order violation.

Last action — In committee: Held under submission.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 prohibits the intentional and knowing violation of a protective order, as specified. A violation of this prohibition is a misdemeanor. Existing law requires a minimum term of imprisonment if the violation results in physical injury. Existing law also makes a subsequent violation of these provisions after a conviction, as specified, punishable as either a misdemeanor or a felony. This bill would make a violation of this prohibition that involves a protective order between specified parties and that involves the restrained person forcibly entering or trespassing within the residential dwelling, as defined, of the protected party punishable by a fine not exceeding $2,000, or by imprisonment in a county jail for not less than 30 days nor more than one year, or by both that fine and imprisonment, except as specified. By increasing punishment for an existing offense, 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. In committee: Held under submission.

  2. In committee: Set, first hearing. Referred to suspense file.

  3. Re-referred to Com. on APPR.

  4. Read second time and amended.

  5. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 22).

  6. Referred to Com. on PUB. S.

  7. From printer. May be heard in committee March 17.

  8. Read first time. To print.

Sponsors

  • Maienschein · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Maienschein

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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.

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Votes

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 2040 do?
Existing law prohibits the intentional and knowing violation of a protective order, as specified. A violation of this prohibition is a misdemeanor. Existing law requires a minimum term of imprisonment if the violation results in physical injury. Existing law also makes a subsequent violation of these provisions after a conviction, as specified, punishable as either a misdemeanor or a felony. This bill would make a violation of this prohibition that involves a protective order between specified parties and that involves the restrained person forcibly entering or trespassing within the residential dwelling, as defined, of the protected party punishable by a fine not exceeding $2,000, or by imprisonment in a county jail for not less than 30 days nor more than one year, or by both that fine and imprisonment, except as specified. By increasing punishment for an existing offense, 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 2040?
AB 2040 is sponsored by Maienschein.
What is the current status of AB 2040?
This bill died with 2021-2022 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 AB 2040?
Track AB 2040 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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