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| 1 | + | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 994Introduced by Senator GainesFebruary 05, 2018 An act to amend Section 273.6 of the Penal Code, relating to protective orders. LEGISLATIVE COUNSEL'S DIGESTSB 994, as introduced, Gaines. Protective orders.Under existing law, an intentional and knowing violation of a protective order, as defined, is a misdemeanor. Under existing law, a violation of a protective order that results in physical injury is generally punishable by imprisonment in a county jail for not less than 30 days nor more than a year. Under existing law, a subsequent violation of a protective order involving violence within 7 years of a prior conviction for violating a protective order is punishable as a misdemeanor or a felony.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 273.6 of the Penal Code is amended to read:273.6. (a) Any An intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.(b) In the event of a violation of subdivision (a) that results in physical injury, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than 30 days nor more than one year, or by both that fine and imprisonment. However, if the person is imprisoned in a county jail for at least 48 hours, the court may, in the interest of justice and for reasons stated on the record, reduce or eliminate the 30-day minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.(c) Subdivisions (a) and (b) shall apply to the following court orders:(1) Any An order issued pursuant to Section 6320 or 6389 of the Family Code.(2) An order excluding one party from the family dwelling or from the dwelling of the other.(3) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the order described in subdivision (a).(4) Any An order issued by another state that is recognized under Part 5 (commencing with Section 6400) of Division 10 of the Family Code.(d) A subsequent conviction for a violation of an order described in subdivision (a), occurring within seven years of a prior conviction for a violation of an order described in subdivision (a) and involving an act of violence or a credible threat of violence, as defined in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170.(e) In the event of a subsequent conviction for a violation of an order described in subdivision (a) for an act occurring within one year of a prior conviction for a violation of an order described in subdivision (a) that results in physical injury to a victim, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than six months nor more than one year, by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170. However, if the person is imprisoned in a county jail for at least 30 days, the court may, in the interest of justice and for reasons stated in the record, reduce or eliminate the six-month minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.(f) The prosecuting agency of each county shall have the primary responsibility for the enforcement of orders described in subdivisions (a), (b), (d), and (e).(g) (1) Every A person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, shall be punished under Section 29825.(2) Every A person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (f) of Section 527.9 of the Code of Civil Procedure, or subdivision (h) of Section 6389 of the Family Code.(h) If probation is granted upon conviction of a violation of subdivision (a), (b), (c), (d), or (e), the court shall impose probation consistent with Section 1203.097, and the conditions of probation may include, in lieu of a fine, one or both of the following requirements:(1) That the defendant make payments to a battered womens shelter or to a shelter for abused elder persons or dependent adults, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097.(2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendants offense.(i) For any order to pay a fine, make payments to a battered womens shelter, or pay restitution as a condition of probation under subdivision (e), the court shall make a determination of the defendants ability to pay. In no event shall any order to make payments to a battered womens shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 994Introduced by Senator GainesFebruary 05, 2018 An act to amend Section 273.6 of the Penal Code, relating to protective orders. LEGISLATIVE COUNSEL'S DIGESTSB 994, as introduced, Gaines. Protective orders.Under existing law, an intentional and knowing violation of a protective order, as defined, is a misdemeanor. Under existing law, a violation of a protective order that results in physical injury is generally punishable by imprisonment in a county jail for not less than 30 days nor more than a year. Under existing law, a subsequent violation of a protective order involving violence within 7 years of a prior conviction for violating a protective order is punishable as a misdemeanor or a felony.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Senate May 21, 2018 | |
| 6 | 5 | ||
| 7 | - | Amended IN Senate May 21, 2018 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Senate Bill No. 994 | |
| 12 | 12 | ||
| 13 | 13 | Introduced by Senator GainesFebruary 05, 2018 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Senator Gaines | |
| 16 | 16 | February 05, 2018 | |
| 17 | 17 | ||
| 18 | - | An act to amend Section 273.6 of the Penal Code, relating to protective orders. | |
| 18 | + | An act to amend Section 273.6 of the Penal Code, relating to protective orders. | |
| 19 | 19 | ||
| 20 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 21 | 21 | ||
| 22 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | - | SB 994, as | |
| 24 | + | SB 994, as introduced, Gaines. Protective orders. | |
| 25 | 25 | ||
| 26 | - | Existing law requires an employer to provide time off to his or her employees under specified circumstances, including military service, illness of the employee or of a member of the employees family, and jury duty. Existing law provides for disciplinary action by the Labor and Workforce Development Agency against violators of wage and hour requirements, authorizes civil penalties in some circumstances, and authorizes the Labor Commissioner to enforce those provisions pursuant to administrative authority or by civil suit.Existing law requires the Labor Commissioner to develop a model notice pertaining to workplace rights and wage and hour laws for employees to be posted in the workplace, as specified. Existing law also requires the Labor Commissioner to maintain a public database on the Department of Industrial Relations (department) Internet Web site of property service contractors that includes specified licensing information.This bill would require the Labor Commissioner to create and maintain a database on the departments Internet Web site, as specified, that would list all of the federal and state laws requiring an employer to provide an employee with time off, including hyperlinks to the underlying laws creating those requirements. The bill would also require the Labor Commissioner to update the information in the database annually and to establish an advisory group of employer and employee representatives to assist with the design and content of the database.Under existing law, an intentional and knowing violation of a protective order, as defined, is a misdemeanor. Under existing law, a violation of a protective order that results in physical injury is generally punishable by imprisonment in a county jail for not less than 30 days nor more than a year. Under existing law, a subsequent violation of a protective order involving violence within 7 years of a prior conviction for violating a protective order is punishable as a misdemeanor or a felony.This bill would make technical, nonsubstantive changes to these provisions. | |
| 27 | - | ||
| 28 | - | Existing law requires an employer to provide time off to his or her employees under specified circumstances, including military service, illness of the employee or of a member of the employees family, and jury duty. Existing law provides for disciplinary action by the Labor and Workforce Development Agency against violators of wage and hour requirements, authorizes civil penalties in some circumstances, and authorizes the Labor Commissioner to enforce those provisions pursuant to administrative authority or by civil suit. | |
| 29 | - | ||
| 30 | - | Existing law requires the Labor Commissioner to develop a model notice pertaining to workplace rights and wage and hour laws for employees to be posted in the workplace, as specified. Existing law also requires the Labor Commissioner to maintain a public database on the Department of Industrial Relations (department) Internet Web site of property service contractors that includes specified licensing information. | |
| 31 | - | ||
| 32 | - | This bill would require the Labor Commissioner to create and maintain a database on the departments Internet Web site, as specified, that would list all of the federal and state laws requiring an employer to provide an employee with time off, including hyperlinks to the underlying laws creating those requirements. The bill would also require the Labor Commissioner to update the information in the database annually and to establish an advisory group of employer and employee representatives to assist with the design and content of the database. | |
| 26 | + | Under existing law, an intentional and knowing violation of a protective order, as defined, is a misdemeanor. Under existing law, a violation of a protective order that results in physical injury is generally punishable by imprisonment in a county jail for not less than 30 days nor more than a year. Under existing law, a subsequent violation of a protective order involving violence within 7 years of a prior conviction for violating a protective order is punishable as a misdemeanor or a felony.This bill would make technical, nonsubstantive changes to these provisions. | |
| 33 | 27 | ||
| 34 | 28 | Under existing law, an intentional and knowing violation of a protective order, as defined, is a misdemeanor. Under existing law, a violation of a protective order that results in physical injury is generally punishable by imprisonment in a county jail for not less than 30 days nor more than a year. Under existing law, a subsequent violation of a protective order involving violence within 7 years of a prior conviction for violating a protective order is punishable as a misdemeanor or a felony. | |
| 35 | 29 | ||
| 36 | - | ||
| 37 | - | ||
| 38 | 30 | This bill would make technical, nonsubstantive changes to these provisions. | |
| 39 | - | ||
| 40 | - | ||
| 41 | 31 | ||
| 42 | 32 | ## Digest Key | |
| 43 | 33 | ||
| 44 | 34 | ## Bill Text | |
| 45 | 35 | ||
| 46 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
| 36 | + | The people of the State of California do enact as follows:SECTION 1. Section 273.6 of the Penal Code is amended to read:273.6. (a) Any An intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.(b) In the event of a violation of subdivision (a) that results in physical injury, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than 30 days nor more than one year, or by both that fine and imprisonment. However, if the person is imprisoned in a county jail for at least 48 hours, the court may, in the interest of justice and for reasons stated on the record, reduce or eliminate the 30-day minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.(c) Subdivisions (a) and (b) shall apply to the following court orders:(1) Any An order issued pursuant to Section 6320 or 6389 of the Family Code.(2) An order excluding one party from the family dwelling or from the dwelling of the other.(3) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the order described in subdivision (a).(4) Any An order issued by another state that is recognized under Part 5 (commencing with Section 6400) of Division 10 of the Family Code.(d) A subsequent conviction for a violation of an order described in subdivision (a), occurring within seven years of a prior conviction for a violation of an order described in subdivision (a) and involving an act of violence or a credible threat of violence, as defined in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170.(e) In the event of a subsequent conviction for a violation of an order described in subdivision (a) for an act occurring within one year of a prior conviction for a violation of an order described in subdivision (a) that results in physical injury to a victim, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than six months nor more than one year, by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170. However, if the person is imprisoned in a county jail for at least 30 days, the court may, in the interest of justice and for reasons stated in the record, reduce or eliminate the six-month minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.(f) The prosecuting agency of each county shall have the primary responsibility for the enforcement of orders described in subdivisions (a), (b), (d), and (e).(g) (1) Every A person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, shall be punished under Section 29825.(2) Every A person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (f) of Section 527.9 of the Code of Civil Procedure, or subdivision (h) of Section 6389 of the Family Code.(h) If probation is granted upon conviction of a violation of subdivision (a), (b), (c), (d), or (e), the court shall impose probation consistent with Section 1203.097, and the conditions of probation may include, in lieu of a fine, one or both of the following requirements:(1) That the defendant make payments to a battered womens shelter or to a shelter for abused elder persons or dependent adults, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097.(2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendants offense.(i) For any order to pay a fine, make payments to a battered womens shelter, or pay restitution as a condition of probation under subdivision (e), the court shall make a determination of the defendants ability to pay. In no event shall any order to make payments to a battered womens shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted. | |
| 47 | 37 | ||
| 48 | 38 | The people of the State of California do enact as follows: | |
| 49 | 39 | ||
| 50 | 40 | ## The people of the State of California do enact as follows: | |
| 51 | 41 | ||
| 52 | - | SECTION 1. Section | |
| 42 | + | SECTION 1. Section 273.6 of the Penal Code is amended to read:273.6. (a) Any An intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.(b) In the event of a violation of subdivision (a) that results in physical injury, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than 30 days nor more than one year, or by both that fine and imprisonment. However, if the person is imprisoned in a county jail for at least 48 hours, the court may, in the interest of justice and for reasons stated on the record, reduce or eliminate the 30-day minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.(c) Subdivisions (a) and (b) shall apply to the following court orders:(1) Any An order issued pursuant to Section 6320 or 6389 of the Family Code.(2) An order excluding one party from the family dwelling or from the dwelling of the other.(3) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the order described in subdivision (a).(4) Any An order issued by another state that is recognized under Part 5 (commencing with Section 6400) of Division 10 of the Family Code.(d) A subsequent conviction for a violation of an order described in subdivision (a), occurring within seven years of a prior conviction for a violation of an order described in subdivision (a) and involving an act of violence or a credible threat of violence, as defined in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170.(e) In the event of a subsequent conviction for a violation of an order described in subdivision (a) for an act occurring within one year of a prior conviction for a violation of an order described in subdivision (a) that results in physical injury to a victim, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than six months nor more than one year, by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170. However, if the person is imprisoned in a county jail for at least 30 days, the court may, in the interest of justice and for reasons stated in the record, reduce or eliminate the six-month minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.(f) The prosecuting agency of each county shall have the primary responsibility for the enforcement of orders described in subdivisions (a), (b), (d), and (e).(g) (1) Every A person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, shall be punished under Section 29825.(2) Every A person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (f) of Section 527.9 of the Code of Civil Procedure, or subdivision (h) of Section 6389 of the Family Code.(h) If probation is granted upon conviction of a violation of subdivision (a), (b), (c), (d), or (e), the court shall impose probation consistent with Section 1203.097, and the conditions of probation may include, in lieu of a fine, one or both of the following requirements:(1) That the defendant make payments to a battered womens shelter or to a shelter for abused elder persons or dependent adults, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097.(2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendants offense.(i) For any order to pay a fine, make payments to a battered womens shelter, or pay restitution as a condition of probation under subdivision (e), the court shall make a determination of the defendants ability to pay. In no event shall any order to make payments to a battered womens shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted. | |
| 53 | 43 | ||
| 54 | - | SECTION 1. Section | |
| 44 | + | SECTION 1. Section 273.6 of the Penal Code is amended to read: | |
| 55 | 45 | ||
| 56 | 46 | ### SECTION 1. | |
| 57 | 47 | ||
| 58 | - | ||
| 48 | + | 273.6. (a) Any An intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.(b) In the event of a violation of subdivision (a) that results in physical injury, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than 30 days nor more than one year, or by both that fine and imprisonment. However, if the person is imprisoned in a county jail for at least 48 hours, the court may, in the interest of justice and for reasons stated on the record, reduce or eliminate the 30-day minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.(c) Subdivisions (a) and (b) shall apply to the following court orders:(1) Any An order issued pursuant to Section 6320 or 6389 of the Family Code.(2) An order excluding one party from the family dwelling or from the dwelling of the other.(3) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the order described in subdivision (a).(4) Any An order issued by another state that is recognized under Part 5 (commencing with Section 6400) of Division 10 of the Family Code.(d) A subsequent conviction for a violation of an order described in subdivision (a), occurring within seven years of a prior conviction for a violation of an order described in subdivision (a) and involving an act of violence or a credible threat of violence, as defined in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170.(e) In the event of a subsequent conviction for a violation of an order described in subdivision (a) for an act occurring within one year of a prior conviction for a violation of an order described in subdivision (a) that results in physical injury to a victim, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than six months nor more than one year, by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170. However, if the person is imprisoned in a county jail for at least 30 days, the court may, in the interest of justice and for reasons stated in the record, reduce or eliminate the six-month minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.(f) The prosecuting agency of each county shall have the primary responsibility for the enforcement of orders described in subdivisions (a), (b), (d), and (e).(g) (1) Every A person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, shall be punished under Section 29825.(2) Every A person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (f) of Section 527.9 of the Code of Civil Procedure, or subdivision (h) of Section 6389 of the Family Code.(h) If probation is granted upon conviction of a violation of subdivision (a), (b), (c), (d), or (e), the court shall impose probation consistent with Section 1203.097, and the conditions of probation may include, in lieu of a fine, one or both of the following requirements:(1) That the defendant make payments to a battered womens shelter or to a shelter for abused elder persons or dependent adults, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097.(2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendants offense.(i) For any order to pay a fine, make payments to a battered womens shelter, or pay restitution as a condition of probation under subdivision (e), the court shall make a determination of the defendants ability to pay. In no event shall any order to make payments to a battered womens shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted. | |
| 59 | 49 | ||
| 60 | - | ||
| 50 | + | 273.6. (a) Any An intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.(b) In the event of a violation of subdivision (a) that results in physical injury, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than 30 days nor more than one year, or by both that fine and imprisonment. However, if the person is imprisoned in a county jail for at least 48 hours, the court may, in the interest of justice and for reasons stated on the record, reduce or eliminate the 30-day minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.(c) Subdivisions (a) and (b) shall apply to the following court orders:(1) Any An order issued pursuant to Section 6320 or 6389 of the Family Code.(2) An order excluding one party from the family dwelling or from the dwelling of the other.(3) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the order described in subdivision (a).(4) Any An order issued by another state that is recognized under Part 5 (commencing with Section 6400) of Division 10 of the Family Code.(d) A subsequent conviction for a violation of an order described in subdivision (a), occurring within seven years of a prior conviction for a violation of an order described in subdivision (a) and involving an act of violence or a credible threat of violence, as defined in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170.(e) In the event of a subsequent conviction for a violation of an order described in subdivision (a) for an act occurring within one year of a prior conviction for a violation of an order described in subdivision (a) that results in physical injury to a victim, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than six months nor more than one year, by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170. However, if the person is imprisoned in a county jail for at least 30 days, the court may, in the interest of justice and for reasons stated in the record, reduce or eliminate the six-month minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.(f) The prosecuting agency of each county shall have the primary responsibility for the enforcement of orders described in subdivisions (a), (b), (d), and (e).(g) (1) Every A person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, shall be punished under Section 29825.(2) Every A person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (f) of Section 527.9 of the Code of Civil Procedure, or subdivision (h) of Section 6389 of the Family Code.(h) If probation is granted upon conviction of a violation of subdivision (a), (b), (c), (d), or (e), the court shall impose probation consistent with Section 1203.097, and the conditions of probation may include, in lieu of a fine, one or both of the following requirements:(1) That the defendant make payments to a battered womens shelter or to a shelter for abused elder persons or dependent adults, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097.(2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendants offense.(i) For any order to pay a fine, make payments to a battered womens shelter, or pay restitution as a condition of probation under subdivision (e), the court shall make a determination of the defendants ability to pay. In no event shall any order to make payments to a battered womens shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted. | |
| 61 | 51 | ||
| 62 | - | ||
| 52 | + | 273.6. (a) Any An intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.(b) In the event of a violation of subdivision (a) that results in physical injury, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than 30 days nor more than one year, or by both that fine and imprisonment. However, if the person is imprisoned in a county jail for at least 48 hours, the court may, in the interest of justice and for reasons stated on the record, reduce or eliminate the 30-day minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.(c) Subdivisions (a) and (b) shall apply to the following court orders:(1) Any An order issued pursuant to Section 6320 or 6389 of the Family Code.(2) An order excluding one party from the family dwelling or from the dwelling of the other.(3) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the order described in subdivision (a).(4) Any An order issued by another state that is recognized under Part 5 (commencing with Section 6400) of Division 10 of the Family Code.(d) A subsequent conviction for a violation of an order described in subdivision (a), occurring within seven years of a prior conviction for a violation of an order described in subdivision (a) and involving an act of violence or a credible threat of violence, as defined in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170.(e) In the event of a subsequent conviction for a violation of an order described in subdivision (a) for an act occurring within one year of a prior conviction for a violation of an order described in subdivision (a) that results in physical injury to a victim, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than six months nor more than one year, by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170. However, if the person is imprisoned in a county jail for at least 30 days, the court may, in the interest of justice and for reasons stated in the record, reduce or eliminate the six-month minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.(f) The prosecuting agency of each county shall have the primary responsibility for the enforcement of orders described in subdivisions (a), (b), (d), and (e).(g) (1) Every A person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, shall be punished under Section 29825.(2) Every A person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (f) of Section 527.9 of the Code of Civil Procedure, or subdivision (h) of Section 6389 of the Family Code.(h) If probation is granted upon conviction of a violation of subdivision (a), (b), (c), (d), or (e), the court shall impose probation consistent with Section 1203.097, and the conditions of probation may include, in lieu of a fine, one or both of the following requirements:(1) That the defendant make payments to a battered womens shelter or to a shelter for abused elder persons or dependent adults, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097.(2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendants offense.(i) For any order to pay a fine, make payments to a battered womens shelter, or pay restitution as a condition of probation under subdivision (e), the court shall make a determination of the defendants ability to pay. In no event shall any order to make payments to a battered womens shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted. | |
| 63 | 53 | ||
| 64 | 54 | ||
| 65 | 55 | ||
| 66 | - | 98.11. (a) On or before July 1, 2019, the Labor Commissioner shall create and maintain a public database on the homepage of the Internet Web site of the department, containing all of the current federal and state laws regarding the requirements for employers to provide paid and unpaid time off for employees. The database shall have a heading for each type of leave required by law, a reference to the law creating the leave requirement, and a summary in plain language describing the amount and type of leave and employee eligibility requirements. Each section of the database shall also contain a hyperlink to the law containing the employee leave requirements. | |
| 67 | - | ||
| 68 | - | (b) The commissioner shall update the information in the database by April 1, each year following the deployment of the database. | |
| 69 | - | ||
| 70 | - | (c) The commissioner shall establish an advisory group of not fewer than six persons, divided evenly between employer and employee representatives, to provide suggestions to the commissioner regarding the design and content of the database and to provide for the widest possible dissemination in order to publicize the database information to both employers and employees. | |
| 71 | - | ||
| 72 | - | ||
| 73 | - | ||
| 74 | - | ||
| 75 | - | ||
| 76 | - | (a)An intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. | |
| 77 | - | ||
| 78 | - | ||
| 56 | + | 273.6. (a) Any An intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. | |
| 79 | 57 | ||
| 80 | 58 | (b) In the event of a violation of subdivision (a) that results in physical injury, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than 30 days nor more than one year, or by both that fine and imprisonment. However, if the person is imprisoned in a county jail for at least 48 hours, the court may, in the interest of justice and for reasons stated on the record, reduce or eliminate the 30-day minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling. | |
| 81 | 59 | ||
| 82 | - | ||
| 83 | - | ||
| 84 | 60 | (c) Subdivisions (a) and (b) shall apply to the following court orders: | |
| 85 | 61 | ||
| 86 | - | ||
| 87 | - | ||
| 88 | - | (1)An order issued pursuant to Section 6320 or 6389 of the Family Code. | |
| 89 | - | ||
| 90 | - | ||
| 62 | + | (1) Any An order issued pursuant to Section 6320 or 6389 of the Family Code. | |
| 91 | 63 | ||
| 92 | 64 | (2) An order excluding one party from the family dwelling or from the dwelling of the other. | |
| 93 | 65 | ||
| 94 | - | ||
| 95 | - | ||
| 96 | 66 | (3) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the order described in subdivision (a). | |
| 97 | 67 | ||
| 98 | - | ||
| 99 | - | ||
| 100 | - | (4)An order issued by another state that is recognized under Part 5 (commencing with Section 6400) of Division 10 of the Family Code. | |
| 101 | - | ||
| 102 | - | ||
| 68 | + | (4) Any An order issued by another state that is recognized under Part 5 (commencing with Section 6400) of Division 10 of the Family Code. | |
| 103 | 69 | ||
| 104 | 70 | (d) A subsequent conviction for a violation of an order described in subdivision (a), occurring within seven years of a prior conviction for a violation of an order described in subdivision (a) and involving an act of violence or a credible threat of violence, as defined in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170. | |
| 105 | 71 | ||
| 106 | - | ||
| 107 | - | ||
| 108 | 72 | (e) In the event of a subsequent conviction for a violation of an order described in subdivision (a) for an act occurring within one year of a prior conviction for a violation of an order described in subdivision (a) that results in physical injury to a victim, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than six months nor more than one year, by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170. However, if the person is imprisoned in a county jail for at least 30 days, the court may, in the interest of justice and for reasons stated in the record, reduce or eliminate the six-month minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling. | |
| 109 | - | ||
| 110 | - | ||
| 111 | 73 | ||
| 112 | 74 | (f) The prosecuting agency of each county shall have the primary responsibility for the enforcement of orders described in subdivisions (a), (b), (d), and (e). | |
| 113 | 75 | ||
| 76 | + | (g) (1) Every A person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, shall be punished under Section 29825. | |
| 114 | 77 | ||
| 115 | - | ||
| 116 | - | (g)(1)A person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, shall be punished under Section 29825. | |
| 117 | - | ||
| 118 | - | ||
| 119 | - | ||
| 120 | - | (2)A person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (f) of Section 527.9 of the Code of Civil Procedure, or subdivision (h) of Section 6389 of the Family Code. | |
| 121 | - | ||
| 122 | - | ||
| 78 | + | (2) Every A person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (f) of Section 527.9 of the Code of Civil Procedure, or subdivision (h) of Section 6389 of the Family Code. | |
| 123 | 79 | ||
| 124 | 80 | (h) If probation is granted upon conviction of a violation of subdivision (a), (b), (c), (d), or (e), the court shall impose probation consistent with Section 1203.097, and the conditions of probation may include, in lieu of a fine, one or both of the following requirements: | |
| 125 | 81 | ||
| 126 | - | ||
| 127 | - | ||
| 128 | 82 | (1) That the defendant make payments to a battered womens shelter or to a shelter for abused elder persons or dependent adults, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097. | |
| 129 | 83 | ||
| 130 | - | ||
| 131 | - | ||
| 132 | 84 | (2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendants offense. | |
| 133 | - | ||
| 134 | - | ||
| 135 | 85 | ||
| 136 | 86 | (i) For any order to pay a fine, make payments to a battered womens shelter, or pay restitution as a condition of probation under subdivision (e), the court shall make a determination of the defendants ability to pay. In no event shall any order to make payments to a battered womens shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted. |