BILL NUMBER: AB 375	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  MARCH 23, 2009

INTRODUCED BY   Assembly Member Nielsen

                        FEBRUARY 23, 2009

   An act to amend Section 3064 of the Family Code, relating to child
custody.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 375, as amended, Nielsen. Child custody: child sexual abuse.
   Existing law requires the court to refrain from making an order
granting or modifying a custody order on an ex parte basis unless
there has been a showing of immediate harm to the child or immediate
risk that the child will be removed from the State of California. For
purposes of this provision, immediate harm to the child includes,
but is not limited to, having a parent who has committed acts of
domestic violence, or the sexual abuse of the child, where the court
determines that the acts of domestic violence or of sexual abuse are
of recent origin or are a part of a demonstrated and continuing
pattern of those respective acts.
   This bill would  revise that provision to prohibit the court
from making, rather than refrain from making, that order. The bill
would also  prohibit, unless there is  the specific
  a  showing  described above 
 of immediate danger to the health and safety of the child or
immediate risk that the child will be removed from the State of
California  , a court from granting a request to modify a child
custody order on an ex parte basis if there is a finding that there
has been sexual abuse of, or domestic violence against, the child, if
the court determines that the act of sexual abuse or domestic
violence is of recent origin, or part of a demonstrated and
continuing or escalating pattern of acts of sexual abuse of, or
domestic violence against, the child, and if the request for
modification of the custody order is made by a person who is alleged
to have perpetrated a recent act or a pattern of acts of sexual abuse
of, or domestic violence against, the child and it is alleged that
the person is seeking the modification in order to gain greater
access to the child. Under those circumstances, a hearing regarding
modification of the custody order would be conducted in open court.
 The bill would make a related change.  The bill would also
define "recent origin," for purposes of these provisions, to apply to
acts occurring within the previous 5 years.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3064 of the Family Code is amended to read:
   3064.  (a) The court shall  refrain from making 
 not make  an order granting or modifying a custody order on
an ex parte basis unless there has been a showing of immediate harm
to the child or immediate risk that the child will be removed from
the State of California.
   (b) (1) Unless there is a showing of immediate  harm to
  danger to the health and safety of  the child or
immediate risk that the child will be removed from the State of
California, the court may not grant a request to modify a custody
order on an ex parte basis if all of the following apply:
   (A) There is a finding that there has been sexual abuse of, or
domestic violence against, the child.
   (B) The court determines that the act of sexual abuse or domestic
violence is of recent origin, or part of a demonstrated and
continuing or escalating pattern of acts of sexual abuse of, or
domestic violence against, the child.
   (C) The request for modification of the custody order is made by a
person who is alleged to have perpetrated a recent act or a pattern
of acts of sexual abuse of, or domestic violence against, the child
and it is alleged that the person is seeking the modification in
order to gain greater access to the child.
   (2) If all of the circumstances described in subdivision (b)
apply, the court shall conduct a hearing regarding modification of
the custody order in open court.
   (c) "Immediate harm to  or immediate danger to the health and
safety of  the child" includes, but is not limited to, the
following:
   (1) Having a parent who has committed acts of domestic violence,
where the court determines that the acts of domestic violence are of
recent origin or are a part of a demonstrated and continuing pattern
of acts of domestic violence.
   (2) Sexual abuse of the child, where the court determines that the
acts of sexual abuse are of recent origin or are a part of a
demonstrated and continuing pattern of acts of sexual abuse.
   (3) For purposes of this section, the phrase "recent origin"
refers to acts occurring within the previous five years.