AB 1407: Family law: protective orders: wireless telephone numbers.

Existing law authorizes a court to issue an ex parte protective order enjoining a party from engaging in specified acts against another party, including, among other things, threatening or harassing that party. Existing law also authorizes a court to include these protective orders and other orders in a judgment entered in specified proceedings, including, among others, a proceeding for the dissolution of marriage. A violation of these court orders constitutes contempt of court, which is punishable as a misdemeanor.

This bill would, commencing July 1, 2016, additionally authorize a court, after notice and a hearing, to issue an order directing a wireless telephone service provider to transfer the billing responsibility and rights to a wireless telephone number or numbers to a requesting party. The bill would require that order to be a separate order directed to the wireless telephone service provider that lists the name and billing telephone number of the accountholder, the name and contact information of the person to whom the number or numbers will be transferred, and each number to be transferred to that person. The bill would require, upon transfer of billing responsibility for and rights to a wireless telephone number or numbers, the requesting party to assume all financial responsibility for the transferred wireless telephone number or numbers, monthly service costs, and costs for any mobile device associated with the wireless telephone number or numbers. The bill would not affect the ability of the court to apportion the assets and debts of the parties as provided for in law, or the ability to determine the temporary use, possession, and control of personal property, as specified. The bill would prohibit a cause of action against a wireless telephone service provider, its officers, employees, or agents, for actions taken in accordance with the terms of the court order. The bill would require the Judicial Council to, on or before July 1, 2016, develop any forms or rules necessary to effectuate these provisions.

By expanding the scope of an existing crime, the bill would impose a state-mandated local 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.