BILL NUMBER: AB 238	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gomez
   (Coauthors: Assembly Members Bonilla, Brown, Fox, Maienschein, and
Quirk-Silva)

                        FEBRUARY 5, 2013

   An act to amend Section 6271 of, and to repeal Section 6273 of,
the Family Code, relating to protective orders.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 238, as introduced, Gomez. Protective orders: California
Restraining and Protective Order System.
   Existing law requires that the Department of Justice maintain a
computer database system, known as the California Restraining and
Protective Order System, for protective and restraining orders and
injunctions and make that information available to court clerks and
law enforcement personnel. Existing law requires that a law
enforcement officer who requests an emergency protective order carry
copies of the order while on duty.
   This bill would delete the requirement that a law enforcement
officer who requests an emergency protective order carry copies of
the order while on duty. The bill would instead require that a law
enforcement officer who requests an emergency protective order enter
that order into the California Restraining and Protective Order
System within 2 hours of the issuance of the order. By imposing
additional duties on law enforcement officers, the 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6271 of the Family Code is amended to read:
   6271.  A law enforcement officer who requests an emergency
protective order shall do all of the following:
   (a) Serve the order on the restrained person, if the restrained
person can reasonably be located.
   (b) Give a copy of the order to the protected person or, if the
protected person is a minor child, to a parent or guardian of the
endangered child who is not a restrained person, if the parent or
guardian can reasonably be located, or to a person having temporary
custody of the endangered child.
   (c) File a copy of the order with the court as soon as practicable
after issuance. 
   (d) Enter the order into the California Restraining and Protective
Order System within two hours of the issuance of the order. 
  SEC. 2.  Section 6273 of the Family Code is repealed. 
   6273.  A law enforcement officer who requests an emergency
protective order shall carry copies of the order while on duty.

  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.