AB 1378: Criminal procedure: protective order violation.

Session Year: 2023-2024
House: Assembly

Current Status:

Failed

(2024-02-01: From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.)

Introduced

First Committee Review

First Chamber

Second Committee Review

Second Chamber

Enacted

Version:

Existing law allows a court to issue various protective orders to protect victims of, and witnesses to, a crime, as specified. Existing law prohibits the intentional and knowing violation of a protective order, as specified. A violation of this prohibition is a misdemeanor. Existing law requires a minimum term of imprisonment if the violation results in physical injury. Existing law also makes a subsequent violation of these provisions after a conviction, as specified, punishable as either a misdemeanor or a felony.

This bill would make a violation of a criminal protective order punishable as either a felony or misdemeanor. The bill would make a violation of specified protective orders, where the person is armed with a firearm, punishable as a felony, as specified. This bill would also make conforming changes. By creating a new crime, this 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.

Existing law requires that a defendant be brought to trial within 60 days of arraignment on an indictment or information in a felony case, or within 30 or 45 days of arraignment or entry of plea in a misdemeanor case, as specified. Under existing law, the case must be dismissed if the defendant did not waive that time limit or consent to an extension of time, as specified, and the case is not brought to trial within the time limit. Under existing law, if the defendant does waive time, they may withdraw their waiver of time and then the case is required to be brought to trial within 60 days for a felony, or 30 or 45 days for a misdemeanor, of the withdrawal of the waiver. Existing law provides that when there is no general time waiver, and a case has been set for trial beyond the time limits specified above by request or consent, express or implied, the defendant must be brought to trial on the date set or within 10 days thereafter.This bill would make technical, nonsubstantive changes to those provisions.

Discussed in Hearing

Assembly Standing Committee on Public Safety

19MIN

Apr 11, 2023

Assembly Standing Committee on Public Safety

View Older Hearings

Bill Author

Bill Essayli

Bill Co-Author(s):

Blanca Rubio

AB 1378: Criminal procedure: protective order violation.

Current Status:

Assembly Standing Committee on Public Safety

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