Criminal procedure: protective orders.

Plain English Breakdown

The bill summary does not provide specific details on enforcement or penalties for violating protective orders, leaving these aspects unclear.

Protective Orders for Sex Offenders

The bill allows courts to issue protective orders lasting up to 20 years if someone is convicted of certain sex crimes involving minors and requires the Judicial Council to create forms and rules related to these orders by July 1, 2027.

What This Bill Does

• Allows courts to give protective orders for up to 20 years when a person is found guilty of specific sex crimes against children.
• Requires the Judicial Council to make new forms, instructions, and rules about these protective orders by July 1, 2027.

Who It Names or Affects

• Victims of sex crimes involving minors
• People convicted of certain sex crimes against children
• Courts that issue protective orders

Terms To Know

Protective order

A court order that stops someone from contacting or hurting another person.

Judicial Council

The group in charge of creating rules and forms for California courts.

Limits and Unknowns

• Does not specify the cost to create new forms and rules.
• Does not explain what happens if someone breaks a protective order.
• Does not mention who pays for enforcing these orders.

Official Summary Text

SB 1395, as amended, Valladares.
Criminal procedure: protective orders.
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.
This bill would additionally allow the court to issue a protective order, valid for up to
25
20
years, restraining a defendant from any contact with a victim if the defendant has been convicted of a registerable sex offense involving a minor victim, as specified. The bill
would require the Judicial
Council
Council, no later than July 1, 2027,
to develop forms, instructions, and rules relating to these orders.
The bill would make other conforming changes.
By authorizing the issuance of protective orders in certain circumstances and the extension of certain protective orders, a violation of which is punishable as 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.

Current Bill Text

Download Bill PDF