Criminal procedure: protective orders.

Plain English Breakdown

The bill summary does not provide specifics about the conforming changes made by the bill.

Protective Orders for Serious Crimes

The bill allows courts to issue permanent protective orders against people convicted of serious or violent felonies and certain sex offenses, and requires the development of related forms and rules.

What This Bill Does

• Allows courts to give permanent protective orders if someone is found guilty of a serious or violent felony or a crime that needs them to register as a sex offender.
• Permits courts to extend existing temporary protective orders permanently under certain conditions.
• Requires the Judicial Council to create forms, instructions, and rules for these new types of protective orders.

Who It Names or Affects

• Victims who need protection from people convicted of serious crimes.
• Courts that will issue permanent protective orders.
• People who have committed serious or violent felonies and certain sex offenses.

Terms To Know

Serious Felony

A crime that is considered very dangerous or harmful, like murder or robbery.

Violent Felony

A crime involving physical force or the threat of it, such as assault or battery.

Limits and Unknowns

• The bill does not specify how long existing temporary protective orders can be extended.
• It is unclear exactly which local agencies will need to follow these new rules and what their responsibilities might be.
• There are no details on the specific forms, instructions, or rules that the Judicial Council must develop.

Official Summary Text

SB 421, 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 the victim if the defendant has been convicted of any serious or violent felony, as defined, or any felony requiring registration as a sex offender. 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