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. Beginning July 1, 2027, this bill would additionally allow the court to issue a protective order, valid for up to the later of 10 years or until the minor victim reaches 18 years of age, 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, 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.
Existing law requires a prosecuting attorney to disclose to the defendant or their attorney all relevant real evidence seized or obtained as a part of the investigation of the offenses charged that is in the possession of the prosecuting attorney or known to be in the possession of the investigating agencies. Existing law requires the disclosures to be made at least 30 days prior to the trial, unless good cause is shown why a disclosure should be denied, restricted, or deferred. Existing law prohibits an attorney from disclosing or permitting to be disclosed to a defendant, members of the defendant's family, or anyone else copies of child pornography evidence, unless specifically permitted to do so by the court after a hearing and a showing of good cause. Existing law authorizes an attorney to disclose or permit to be disclosed copies of child pornography evidence to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendant's case if that disclosure is required for that preparation. This bill would require the court, in specified criminal cases involving sexually explicit material depicting an adult victim, to issue a protective order governing the disclosure of that material, with conditions sufficient to safeguard the victim's privacy, prevent unnecessary copying, transmission, or dissemination of the material, and ensure the defendant's right to a fair trial and a meaningful opportunity to participate in their own defense. This bill would, if the court issues that protective order, prohibit the parties from disclosing to any person copies of sexually explicit material depicting an adult victim, unless specifically permitted to do so by the protective order. The bill would authorize an attorney for any party to disclose or permit to be disclosed copies of sexually explicit material depicting an adult victim subject to the protective order, to a person necessary for the preparation of the case, including the defendant. The bill would, if a party receives any other sexually explicit material of the adult victim, require the party to notify the court for inclusion of the material in any existing protective order, or inclusion in a new or separate protective order. By increasing duties on local prosecutors, this bill would impose a state-mandated local program. This bill would clarify that these provisions do not relieve the prosecution from the duty to disclose the existence of any relevant or exculpatory evidence nor affect the admissibility of any relevant evidence in court. 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 the statutory provisions noted above.
Existing law requires each county to develop a procedure for electronically transmitting, upon the issuance of certain types of protective orders, the contents of the order and other specified information to the Department of Justice through the California Law Enforcement Telecommunications System. Existing law also requires the department to maintain a California Restraining and Protective Order System and to make specified information electronically available to court clerks and law enforcement personnel. This bill, the Domestic Violence Offender Registration Act, would require the department, upon an appropriation by the Legislature, to create a database for the purpose of storing and sharing information with local agencies and the court, regarding persons convicted of a registrable offense, as defined. The bill would also require the department to publish that information on its internet website, as specified. The bill would require the offender, as defined, to register, for up to 20 years, certain information including their place of birth and current address with the law enforcement agency having jurisdiction over their residence, as specified. The bill would create a petition process for an offender to seek removal from the registry before having completed the applicable term if they demonstrate rehabilitation and no new qualifying offenses, or they demonstrate exoneration, as specified. The bill would require the court to notify the department of certain petition-related events, including when a petition for termination from the registry is granted, denied, or summarily denied. The bill would require local agencies and the court to create a database for the purpose of storing information received from offenders pursuant to these provisions. The bill would create both civil and criminal penalties for the misuse of information disclosed pursuant to these provisions, including, if a person uses that information to commit a felony, a 5-year prison sentence in addition to and consecutive to any other punishment. The bill would also make an offender's failure to comply with registration requirements a misdemeanor, punishable by imprisonment in the county jail for up to one year. By increasing the duties on local agencies and creating new crimes, the bill would impose a state-mandated local program. The bill would declare its provisions to be severable. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes specified rights for victims and witnesses of crimes, including to be notified or informed regarding specified court proceedings and the right to have a support person present at any interviews with law enforcement for a victim of domestic violence or sexual assault. Existing law requires a law enforcement agency to inform a victim of the rights they may have. This bill would state that a victim of sexual assault or domestic violence has the right to a fair, unbiased, and complete investigation by law enforcement. The bill would require a district attorney to establish a process for reviewing and investigating reported cases of sexual assault or domestic violence and would require that process to include a report to the victim explaining the decision whether or not to bring criminal accusations and which accusations to allege. Existing law establishes the Commission on Peace Officer Standards and Training and requires the commission to create courses of training that must be completed by persons before those persons can become peace officers. The commission is also required to create guidelines and training courses for peace officers on specified law enforcement topics, including the investigation of domestic violence complaints and sexual assault. This bill would require those courses and guidelines to include trauma-informed methods for responding to victims, gender-neutral or gender-inclusive language in reporting, and best practices for bias prevention. The bill would require the commission to prepare a course on gender bias in responding to reports of sexual assault and domestic violence and would require that course to adhere to guidance provided by the Department of Justice, as specified. Existing law establishes the State Department of Public Health and charges it with providing education and outreach to the public on various issues relating to public health, such as lyme disease, human immunodeficiency virus and acquired immune deficiency syndrome, and hepatitis C. This bill would require the department to develop materials to educate the public that all genders may be the victim of sexual assault and domestic violence, that all genders may perpetrate sexual assault and domestic violence, and that all genders have equal rights to safety, shelter, and legal protections and remedies. Because this bill would create new duties for local law enforcement agencies, it 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 the statutory provisions noted above.
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 authorize those orders to be valid for up to 10 years, or one year after the person's release from the state prison or a county jail, whichever is later. Existing law authorizes a protective order restraining a person convicted of the crime of battery of specified persons, including a spouse or former spouse, to be valid for up to 15 years. The bill would authorize those orders to be valid for up to 15 years, or one year after the person's release from the state prison or a county jail, whichever is later. By extending the duration of protective orders, a violation of which is punishable as a crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 136.2 of the Penal Code proposed by SB 1395 and AB 2261, to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. 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.
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 specified crimes, including a crime involving domestic violence, human trafficking, a crime in furtherance of a criminal street gang, or a registerable sex offense. This bill would additionally authorize the court to consider issuing an order restraining the defendant from contact with any person who is a member of the victim's family, as defined, or household. 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. This bill would incorporate additional changes to Section 136.2 of the Penal Code proposed by AB 1889 to be operative only if this bill and AB 1889 are enacted and this bill is enacted last. 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.
Existing law prohibits the false impersonation of another person in either that person's personal or official capacity with the intent to steal or defraud, as specified. Existing law protects all people from defamation, including libel and slander, as provided. Existing law makes any person who knowingly uses another's name, voice, signature, photograph, or likeness for commercial purposes, as specified, without that person's prior consent liable for damages, as specified. Existing law provides that a party seeking relief pursuant to those provisions may also seek an injunction or temporary restraining order according to specified procedures. This bill would enact the Digital Dignity Act. The act would subject to specified liability a person who, by distributing content with actual knowledge that the content includes a digital replica, is found guilty of violating a criminal provision for which false impersonation of another is a required element, as prescribed, or is found liable in a civil action arising from the use or portrayal through a digital replica, as provided. The Digital Dignity Act would require a large online platform that includes a generative AI tool, as defined, that provides users with the functionality to create a digital replica of other individuals to provide a mechanism for individuals to report content that violates the platform's terms of service or a provision of law relating to the individual's digital replica and to submit to the large online platform any certified court order or judgment ordering the removal of any content involving the individual's digital replica on the platform or finding that content involving the individual's digital replica was defamatory, fraudulent, or any other form of image appropriation not permitted by law, as prescribed. Upon receipt of the court order or judgment, the act would require the large online platform to remove the digital replica and make reasonable efforts to identify and remove any known identical copies. The act would authorize a city attorney or the Attorney General to bring a civil action to enforce these provisions and to seek a specified civil penalty and injunctive relief. The act would require a generative AI tool provider to maintain, for no less than 90 days, records sufficient to allow compliance with a court order issued pursuant to a civil action by the city attorney or Attorney General, as prescribed.
Existing law authorizes a court to issue an ex parte restraining order to prevent abuse based on reasonable proof of a past act or acts of abuse. Existing law authorizes the order to be issued solely on the affidavit or testimony of the person requesting the ex parte restraining order. Existing law requires the ex parte order to be issued or denied on the same day the application is submitted to the court, except as specified. Existing law prohibits an ex parte restraining order from being denied solely because the other party was not provided with notice. This bill would instead prohibit a court from requiring that notice be provided to the party to be restrained in advance of accepting a filing for, or deciding, an application for an ex parte restraining order. The bill would also prohibit a court from requiring an explanation or declaration for not providing notice in advance of accepting a filing for, or deciding, an application for an ex parte restraining order. The bill would prohibit a court from adopting or maintaining any rule, form, or practice that is inconsistent with these provisions.
Existing law makes a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, or to effect or maintain a violation of various felony or misdemeanor offenses, including offenses relating to prostitution, child pornography, as specified, or extortion, as defined, guilty of human trafficking. Existing law makes a person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of various felony or misdemeanor offenses, also guilty of human trafficking. Existing law establishes the requirements for a continuance to be granted in a criminal case, including a showing of good cause. Existing law defines "good cause" for this purpose to include, but not be limited to, cases involving specified crimes, including murder and domestic violence, and to apply when the prosecuting attorney assigned to the case has another trial, preliminary hearing, or motion to suppress in progress in that court or another court. This bill would, in a case involving human trafficking, require the court, in determining if good cause for a continuance exists, to give great weight to the fact that the prosecuting attorney assigned to the case has another trial, preliminary hearing, or motion to suppress in progress in that court or another court. The bill would authorize the court to grant only one continuance for a maximum of 10 additional court days for that reason. This bill would incorporate additional changes to Section 1050 of the Penal Code proposed by AB 2052 to be operative only if this bill and AB 2052 are enacted and this bill is enacted last.
Existing law requires that the terms of probation granted to a person who has been convicted of domestic violence include, among other things, successful completion of a batterer's program or, if a batterer's program is not available, another appropriate counseling program, as specified. Existing law requires the probation department to design and implement an approval and renewal process for batterer's programs and prescribes the requirements of a batterer's program. Existing law, until July 1, 2026, authorizes the Counties of Napa, San Luis Obispo, Santa Barbara, Santa Clara, Santa Cruz, and Yolo to offer an alternative program for individuals convicted of domestic violence if the program meets specified conditions. This bill would additionally authorize the County of Sacramento to offer an alternative program for individuals convicted of domestic violence. The bill would extend the repeal date of these provisions to July 1, 2030. This bill would declare that it is to take effect immediately as an urgency statute.
