CA AB 818

Title: Protective orders.
Author: Cottie Petrie-Norris

Summary
AB 818, as amended, Petrie-Norris. Protective orders. Existing law provides for temporary restraining orders or emergency protective orders with respect to domestic violence and elder abuse, as specified. Existing law requires that a temporary restraining order or emergency protective order issued under these provisions be served on the respondent at the request of the petitioner, whether or not the respondent has been taken into custody, by a law enforcement officer who is present at the scene of reported domestic violence involving the parties to the proceeding.This bill would expand these provisions to require service of orders issued after hearing. The bill would also authorize these orders to be served by a law enforcement officer who receives a request from the petitioner to provide service of the order, but would exclude service by specified peace officers, including a parole officer of the Department of Corrections and Rehabilitation or a probation officer. The bill would prohibit a fee from being charged to the petitioner for service of those orders. The bill would require specified peace officers to take into temporary custody any firearm or deadly weapon in plain sight or discovered pursuant to a consensual or otherwise lawful search for the protection of peace officers or other persons present when those officers are at the scene of a domestic violence incident involving a threat to human life or physical assault, serving a protective order pursuant to the above provisions, or serving a gun violence restraining order. By expanding the duties of local law enforcement, this bill would impose a state-mandated local program.Existing law requires a law enforcement agency to enter all firearms that have been reported stolen, lost, found, recovered, held for safekeeping, or under observation into the Automated Firearms System (AFS).This bill would require law enforcement to enter, or cause to be entered, a firearm into the AFS if the firearm is obtained at the scene of a domestic violence incident or during service of specified orders.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.

Status
Senate amendments concurred in. To Engrossing and Enrolling.

Bill Documents
CA AB 818 - 09/08/23 - Amended Senate
09/08/23 - CA AB 818 (09/08/23 - Amended Senate)