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CA SB 899

Title: Protective orders: firearms.
Author: Cottie Petrie-Norris

Summary
SB 899, as amended, Skinner. Protective orders: firearms. Existing law prohibits a person subject to specified protective orders from owning a firearm or ammunition. Existing law requires a person subject to those orders to relinquish any firearms or ammunition they own.This bill would require the court, when issuing those orders, to provide the person subject to the order with information on how any firearms or ammunition still in their possession are to be relinquished, as specified. The bill would require the court to review the file to determine whether the receipt has been filed and inquire as to whether the person has complied with the requirement. The bill would require violations of the firearms or ammunition prohibition to be reported to the prosecuting attorney in the jurisdiction where the order has been issued within 2 business days of the court hearing unless the restrained party provides a receipt showing compliance at a subsequent hearing or by direct filing with the clerk of the court.This bill would also require the court, at a noticed hearing relating to these orders, to consider information presented that the restrained person has possession or control of a firearm or ammunition. The bill would authorize the court, upon making this finding, to set a review hearing, as specified, to determine whether the person has possession or control of a firearm or ammunition in violation of the above provisions.Existing law requires specified protective orders related to domestic violence to 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 or who receives a request from the petitioner to provide service of the order. Existing law requires the petitioner to provide the officer with an endorsed copy of the order and proof of service that the officer is then required to complete and transmit to the issuing court, as specified. If the law enforcement officer determines that a protective order has been issued but not served, existing law requires the office to immediately notify the respondent of the terms of the order and where a written copy of the order can be obtained, and to enforce the order at that time. Existing law prohibits a fee from being charged to the petitioner for service of those orders.This bill would similarly require a peace officer, as defined, upon the request of a petitioner, to serve and enforce specified protective orders related to, among other things, elder or dependent adult abuse, harassment, workplace violence, or violence in postsecondary educational institutions, on a respondent, whether or not the respondent has been taken into custody. The bill would similarly prohibit the imposition of a fee on a petitioner for service of these orders. By expanding the duties of local law enforcement, this bill would impose a state-mandated local program.Existing law requires a family court to determine the best interest of the child for purposes of deciding child custody in proceedings for dissolution of marriage, nullity of marriage, legal separation of the parties, petitions for exclusive custody of a child, and proceedings under the Domestic Violence Prevention Act. Existing law establishes a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of a child and establishes factors to be considered in rebutting that presumption, including that the perpetrator is restrained by a domestic violence prevention order and has, or has not, complied with that order.This bill would additionally establish, as a factor to be considered, whether the perpetrator is restrained by any other protective order and has, or has not, complied with that order.The bill would, for specified protective orders if th

Status
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 11. Noes 0.) (June 25). Re-referred to Com. on APPR.

Bill Documents
CA SB 899 - 06/11/24 - Amended Assembly
06/11/24 - CA SB 899 (06/11/24 - Amended Assembly)


CA SB 899 - 05/16/24 - Amended Senate
05/16/24 - CA SB 899 (05/16/24 - Amended Senate)

CA SB 899 - 03/20/24 - Amended Senate
03/20/24 - CA SB 899 (03/20/24 - Amended Senate)

CA SB 899 - 02/27/24 - Amended Senate
02/27/24 - CA SB 899 (02/27/24 - Amended Senate)

CA SB 899 - 02/27/24 - Amended Senate
02/27/24 - CA SB 899 (02/27/24 - Amended Senate)

CA SB 899 - 01/03/24 - Introduced
01/03/24 - CA SB 899 (01/03/24 - Introduced)

CA SB 899 - 01/03/24 - Introduced
01/03/24 - CA SB 899 (01/03/24 - Introduced)

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Author Details


  • Cottie Petrie-Norris - D
    Assemblymember - State Assembly - CA

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    Capital Address:
    P.O. Box 942849, 1021 O Street, Suite 4230
    Sacramento, CA 94249-0073
    9163192073

    District Address:
    19712 Macarthur Blvd Ste 150
    Irvine, CA 92612 2448
    Phone: 9492510074