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| 1 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 455Introduced by Assembly Member KileyFebruary 11, 2019 An act to amend Section 6320 of the Family Code, relating to family law. LEGISLATIVE COUNSEL'S DIGESTAB 455, as introduced, Kiley. Ex parte orders: connected devices.Existing law authorizes a court to issue an ex parte order enjoining a party from engaging in specified acts against another party, including threatening or harassing that party, and, in the discretion of the court, against other named family or household members. A violation of this court order constitutes contempt of court, which is punishable as a misdemeanor.This bill would additionally authorize a court to issue an ex parte order enjoining a party from remotely controlling any connected devices in the home of the other party. The bill would require the Judicial Council to update existing forms to include a check box for the petitioner to request the court to include in its order a prohibition on remotely controlling all known and unknown connected devices in the home of the petitioner and to develop or update any other forms or rules of court that are necessary. By expanding the scope of an existing crime, this bill would impose a state-mandated program.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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6320 of the Family Code is amended to read:6320. (a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of of, or remotely controlling any connected devices in the home of, the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.(b) On a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.(c)This section shall become operative on July 1, 2014.(c) (1) The Judicial Council shall update its existing forms, Request for Domestic Violence Restraining Order and Temporary Restraining Order to include a check box for the petitioner to request the court to include in its order a prohibition on remotely controlling all known and unknown connected devices in the home of the petitioner.(2) The Judicial Council shall develop or update any other forms or rules of court that are necessary to implement this section.(d) For the purposes of this section, connected device has the same meaning as in Section 1798.91.05 of the Civil Code.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 455Introduced by Assembly Member KileyFebruary 11, 2019 An act to amend Section 6320 of the Family Code, relating to family law. LEGISLATIVE COUNSEL'S DIGESTAB 455, as introduced, Kiley. Ex parte orders: connected devices.Existing law authorizes a court to issue an ex parte order enjoining a party from engaging in specified acts against another party, including threatening or harassing that party, and, in the discretion of the court, against other named family or household members. A violation of this court order constitutes contempt of court, which is punishable as a misdemeanor.This bill would additionally authorize a court to issue an ex parte order enjoining a party from remotely controlling any connected devices in the home of the other party. The bill would require the Judicial Council to update existing forms to include a check box for the petitioner to request the court to include in its order a prohibition on remotely controlling all known and unknown connected devices in the home of the petitioner and to develop or update any other forms or rules of court that are necessary. By expanding the scope of an existing crime, this bill would impose a state-mandated program.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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
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| 5 | - | Amended IN Assembly March 12, 2019 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly March 12, 2019 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill No. 455 | |
| 12 | 12 | ||
| 13 | 13 | Introduced by Assembly Member KileyFebruary 11, 2019 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member Kiley | |
| 16 | 16 | February 11, 2019 | |
| 17 | 17 | ||
| 18 | - | An act to amend Section 6320 of the Family Code, relating to family law. | |
| 18 | + | An act to amend Section 6320 of the Family Code, relating to family law. | |
| 19 | 19 | ||
| 20 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 21 | 21 | ||
| 22 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | - | AB 455, as | |
| 24 | + | AB 455, as introduced, Kiley. Ex parte orders: connected devices. | |
| 25 | 25 | ||
| 26 | - | Existing law authorizes a court to issue an ex parte order enjoining a party from engaging in specified acts against another party, including threatening or harassing that party, and, in the discretion of the court, against other named family or household members. A violation of this court order constitutes contempt of court, which is punishable as a misdemeanor.This bill would additionally authorize a court to issue an ex parte order enjoining a party from remotely controlling any connected devices | |
| 26 | + | Existing law authorizes a court to issue an ex parte order enjoining a party from engaging in specified acts against another party, including threatening or harassing that party, and, in the discretion of the court, against other named family or household members. A violation of this court order constitutes contempt of court, which is punishable as a misdemeanor.This bill would additionally authorize a court to issue an ex parte order enjoining a party from remotely controlling any connected devices in the home of the other party. The bill would require the Judicial Council to update existing forms to include a check box for the petitioner to request the court to include in its order a prohibition on remotely controlling all known and unknown connected devices in the home of the petitioner and to develop or update any other forms or rules of court that are necessary. By expanding the scope of an existing crime, this bill would impose a state-mandated program.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 no reimbursement is required by this act for a specified reason. | |
| 27 | 27 | ||
| 28 | 28 | Existing law authorizes a court to issue an ex parte order enjoining a party from engaging in specified acts against another party, including threatening or harassing that party, and, in the discretion of the court, against other named family or household members. A violation of this court order constitutes contempt of court, which is punishable as a misdemeanor. | |
| 29 | 29 | ||
| 30 | - | This bill would additionally authorize a court to issue an ex parte order enjoining a party from remotely controlling any connected devices | |
| 30 | + | This bill would additionally authorize a court to issue an ex parte order enjoining a party from remotely controlling any connected devices in the home of the other party. The bill would require the Judicial Council to update existing forms to include a check box for the petitioner to request the court to include in its order a prohibition on remotely controlling all known and unknown connected devices in the home of the petitioner and to develop or update any other forms or rules of court that are necessary. By expanding the scope of an existing crime, this bill would impose a state-mandated program. | |
| 31 | 31 | ||
| 32 | 32 | 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. | |
| 33 | 33 | ||
| 34 | 34 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 35 | 35 | ||
| 36 | 36 | ## Digest Key | |
| 37 | 37 | ||
| 38 | 38 | ## Bill Text | |
| 39 | 39 | ||
| 40 | - | The people of the State of California do enact as follows:SECTION 1. Section 6320 of the Family Code is amended to read:6320. (a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, disturbing the peace of, or remotely controlling any connected devices | |
| 40 | + | The people of the State of California do enact as follows:SECTION 1. Section 6320 of the Family Code is amended to read:6320. (a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of of, or remotely controlling any connected devices in the home of, the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.(b) On a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.(c)This section shall become operative on July 1, 2014.(c) (1) The Judicial Council shall update its existing forms, Request for Domestic Violence Restraining Order and Temporary Restraining Order to include a check box for the petitioner to request the court to include in its order a prohibition on remotely controlling all known and unknown connected devices in the home of the petitioner.(2) The Judicial Council shall develop or update any other forms or rules of court that are necessary to implement this section.(d) For the purposes of this section, connected device has the same meaning as in Section 1798.91.05 of the Civil Code.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 41 | 41 | ||
| 42 | 42 | The people of the State of California do enact as follows: | |
| 43 | 43 | ||
| 44 | 44 | ## The people of the State of California do enact as follows: | |
| 45 | 45 | ||
| 46 | - | SECTION 1. Section 6320 of the Family Code is amended to read:6320. (a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, disturbing the peace of, or remotely controlling any connected devices | |
| 46 | + | SECTION 1. Section 6320 of the Family Code is amended to read:6320. (a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of of, or remotely controlling any connected devices in the home of, the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.(b) On a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.(c)This section shall become operative on July 1, 2014.(c) (1) The Judicial Council shall update its existing forms, Request for Domestic Violence Restraining Order and Temporary Restraining Order to include a check box for the petitioner to request the court to include in its order a prohibition on remotely controlling all known and unknown connected devices in the home of the petitioner.(2) The Judicial Council shall develop or update any other forms or rules of court that are necessary to implement this section.(d) For the purposes of this section, connected device has the same meaning as in Section 1798.91.05 of the Civil Code. | |
| 47 | 47 | ||
| 48 | 48 | SECTION 1. Section 6320 of the Family Code is amended to read: | |
| 49 | 49 | ||
| 50 | 50 | ### SECTION 1. | |
| 51 | 51 | ||
| 52 | - | 6320. (a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, disturbing the peace of, or remotely controlling any connected devices | |
| 52 | + | 6320. (a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of of, or remotely controlling any connected devices in the home of, the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.(b) On a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.(c)This section shall become operative on July 1, 2014.(c) (1) The Judicial Council shall update its existing forms, Request for Domestic Violence Restraining Order and Temporary Restraining Order to include a check box for the petitioner to request the court to include in its order a prohibition on remotely controlling all known and unknown connected devices in the home of the petitioner.(2) The Judicial Council shall develop or update any other forms or rules of court that are necessary to implement this section.(d) For the purposes of this section, connected device has the same meaning as in Section 1798.91.05 of the Civil Code. | |
| 53 | 53 | ||
| 54 | - | 6320. (a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, disturbing the peace of, or remotely controlling any connected devices | |
| 54 | + | 6320. (a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of of, or remotely controlling any connected devices in the home of, the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.(b) On a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.(c)This section shall become operative on July 1, 2014.(c) (1) The Judicial Council shall update its existing forms, Request for Domestic Violence Restraining Order and Temporary Restraining Order to include a check box for the petitioner to request the court to include in its order a prohibition on remotely controlling all known and unknown connected devices in the home of the petitioner.(2) The Judicial Council shall develop or update any other forms or rules of court that are necessary to implement this section.(d) For the purposes of this section, connected device has the same meaning as in Section 1798.91.05 of the Civil Code. | |
| 55 | 55 | ||
| 56 | - | 6320. (a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, disturbing the peace of, or remotely controlling any connected devices | |
| 56 | + | 6320. (a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of of, or remotely controlling any connected devices in the home of, the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.(b) On a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.(c)This section shall become operative on July 1, 2014.(c) (1) The Judicial Council shall update its existing forms, Request for Domestic Violence Restraining Order and Temporary Restraining Order to include a check box for the petitioner to request the court to include in its order a prohibition on remotely controlling all known and unknown connected devices in the home of the petitioner.(2) The Judicial Council shall develop or update any other forms or rules of court that are necessary to implement this section.(d) For the purposes of this section, connected device has the same meaning as in Section 1798.91.05 of the Civil Code. | |
| 57 | 57 | ||
| 58 | 58 | ||
| 59 | 59 | ||
| 60 | - | 6320. (a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, disturbing the peace of, or remotely controlling any connected devices | |
| 60 | + | 6320. (a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of of, or remotely controlling any connected devices in the home of, the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members. | |
| 61 | 61 | ||
| 62 | 62 | (b) On a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal. | |
| 63 | 63 | ||
| 64 | - | (c) | |
| 64 | + | (c)This section shall become operative on July 1, 2014. | |
| 65 | 65 | ||
| 66 | 66 | ||
| 67 | 67 | ||
| 68 | + | (c) (1) The Judicial Council shall update its existing forms, Request for Domestic Violence Restraining Order and Temporary Restraining Order to include a check box for the petitioner to request the court to include in its order a prohibition on remotely controlling all known and unknown connected devices in the home of the petitioner. | |
| 69 | + | ||
| 68 | 70 | (2) The Judicial Council shall develop or update any other forms or rules of court that are necessary to implement this section. | |
| 69 | 71 | ||
| 70 | - | ||
| 71 | - | ||
| 72 | 72 | (d) For the purposes of this section, connected device has the same meaning as in Section 1798.91.05 of the Civil Code. | |
| 73 | - | ||
| 74 | - | ||
| 75 | - | ||
| 76 | - | (c) The Judicial Council shall, no later than January 1, 2021, develop or update any forms or rules of court that are necessary to implement this section. | |
| 77 | 73 | ||
| 78 | 74 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 79 | 75 | ||
| 80 | 76 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 81 | 77 | ||
| 82 | 78 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 83 | 79 | ||
| 84 | 80 | ### SEC. 2. |