AB 439, as amended, Bloom. Protective orders: batterer’s program.
Existing law authorizes a court to issue an order to restrain any person in order to prevent acts of domestic violence, abuse, and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek a resolution of the causes of the violence. Existing law further authorizes a court to, after notice and hearing, issue an order requiring the restrained party to participate in a batterer’s program, as specified.
This bill would, commencing July 1, 2016, require a restrained party ordered to participate in a batterer’s program to register for the program by a specifiedbegin delete deadline andend deletebegin insert deadline,end insert
to,begin delete uponend deletebegin insert at the time ofend insert enrollment, sign all necessary program consent forms for the program to release specified documents, including proof of enrollment, to the court and the protected party or his or herbegin delete attorney.end deletebegin insert attorney, and to provide the court and the protected party with specified information regarding the program.end insert The bill would require the Judicial Councilbegin insert, by July 1, 2016,end insert tobegin delete amend the existing restraining order forms or develop a new form for use by courts that includes these requirements.end deletebegin insert
revise or promulgate forms as necessary to effectuate these provisions.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 6343 of the Family Code is amended to
2read:
(a) After notice and a hearing, the court may issue an
4order requiring the restrained party to participate in a batterer’s
5program approved by the probation department as provided in
6Section 1203.097 of the Penal Code.
7(b) (1) Commencing July 1, 2016, if the court orders a restrained
8party to participate in a batterer’s program pursuant to subdivision
9(a), the restrained party shall dobegin delete bothend deletebegin insert allend insert of the following:
10(A) Register for the program by the deadline ordered by the
11court. If no deadline is ordered by the court, the restrained party
12shall register no later than 30 days from the date the order was
13issued.
14(B) begin deleteUpon end deletebegin insertAt the time of end insertenrollment, sign all necessary program
15consent forms for the program to release proof of enrollment,
16attendance records, and completion or termination reports to the
17court and the protected party, or his or her attorney. The court and
18the protected partybegin delete shallend deletebegin insert mayend insert provide
to the program a fax number
19or mailing address forbegin delete this purpose.end deletebegin insert
purposes of receiving proof
20of enrollment, attendance records, and completion or termination
21reports.end insert
22(C) Provide the court and the protected party with the name,
23address, and telephone number of the program.
24(2) begin deleteThe end deletebegin insertBy July 1, 2016, the end insertJudicial Council shallbegin delete amend the begin insert
revise or promulgate forms as necessary to
25existing restraining order forms or develop a new form that includes
26the requirements of this subdivision for use by courts when a party
27is ordered to participate in a batterer’s program pursuant to
28subdivision (a).end delete
29effectuate this subdivision.end insert
30(c) The courts shall, in consultation with local domestic violence
31shelters and programs, develop a resource list of referrals to
32appropriate community domestic violence programs and services
33to be provided to each applicant for an order under this section.
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