Criminal procedure: protective orders.

Plain English Breakdown

The official source does not provide specific conditions under which existing orders can be permanently extended, nor does it specify timelines for developing new forms and rules by the Judicial Council.

Protective Orders for Sex Offenders

The bill allows courts to issue permanent protective orders against people convicted of serious sexual crimes involving minors and extends existing orders under certain conditions.

What This Bill Does

• Allows the court to create a permanent protective order if someone is found guilty of a registerable sex offense involving a minor victim.
• Permits the court to permanently extend previously issued protective orders in specific situations.
• Requires the Judicial Council to develop forms, instructions, and rules for these new types of protective orders.

Who It Names or Affects

• Victims of sex crimes involving minors
• People convicted of serious sexual offenses against minors
• Courts that issue protective orders

Terms To Know

Protective order

A court order to stop someone from contacting or harming another person.

Registerable sex offense

A serious sexual crime that must be reported to law enforcement and made public.

Limits and Unknowns

• The bill does not specify the exact conditions under which existing orders can be permanently extended.
• It is unclear how long it will take for the Judicial Council to develop new forms, instructions, and rules.

Official Summary Text

SB 1395, as introduced, 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 permanent protective order restraining a defendant from any contact with a victim if the defendant has been convicted of a registerable sex offense involving a minor victim. The bill would also authorize the court to permanently extend certain previously issued orders under certain circumstances. The bill would require the Judicial Council 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