Criminal procedure: protective orders.

Under existing law, if a person is convicted of specified domestic violence, elder abuse, or stalking offenses, the court is required to consider the issuance of an order restraining the defendant from contacting the victim, as specified. Existing law allows a person convicted of any infraction or misdemeanor, or any felony for which the person was granted probation or participated as an incarcerated member of a hand crew in the California Conservation Camp program, except as specified, to petition the court to have the pleading dismissed, as described, thus releasing the person of any penalties and disabilities of conviction, except as otherwise provided. Existing law also, as specified, provides automatic conviction dismissal for certain convictions meeting specified criteria. This bill would specify that dismissal of a pleading under any of these processes does not invalidate a protective order, as previously described, that was issued to the defendant in that case, and would clarify that such an order remains in effect until the order expires or is modified by the issuing court, despite the dismissal of the underlying pleading. This bill would incorporate additional changes to Section 1203.425 of the Penal Code proposed by SB 731 and AB 898 to be operative only if this bill, SB 731, and AB 898 are enacted and this bill is enacted last.