AB 2096: Restraining orders: educational institutions.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-09-29
Current Status:
Passed
(2024-09-29: Chaptered by Secretary of State - Chapter 947, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill lets a college or vocational school's top administrator (or a staff member they designate) ask a court for a temporary restraining order or longer protective order for a student who has suffered unlawful violence or a credible threat of violence. It expands the law to cover public as well as private postsecondary schools and removes the requirement that the threat occur off campus or be likely to be carried out on campus.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law authorizes a chief administrative officer of a postsecondary educational institution, or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility, that has a student who has suffered a credible threat of violence made off the school campus or facility from any individual which can reasonably be construed to be carried out or to have been carried out at the school campus or facility, to seek a temporary restraining order and an injunction on behalf of the student and, at the discretion of the court, any number of other students at the campus or facility, as specified. Postsecondary educational institution is defined for purposes of these provisions as a private institution of vocational, professional, or postsecondary education.
This bill would, beginning January 1, 2026, expand the definition of postsecondary educational institution to include public institutions, expand the conduct for which a restraining order can be sought to include unlawful violence, as defined, and remove the requirements that such conduct occur off the school campus or facility and be construed to be carried out or to have been carried out at the campus or facility.
Existing law authorizes a chief administrative officer of a postsecondary educational institution, or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility, that has a student who has suffered a credible threat of violence made off the school campus or facility from any individual which can reasonably be construed to be carried out or to have been carried out at the school campus or facility, to seek a temporary restraining order and an injunction on behalf of the student and, at the discretion of the court, any number of other students at the campus or facility, as specified. Postsecondary educational institution is defined for purposes of these provisions as a private institution of vocational, professional, or postsecondary education.
This bill would, beginning January 1, 2026, expand the definition of postsecondary educational institution to include public institutions, expand the conduct for which a restraining order can be sought to include unlawful violence, as defined, and remove the requirements that such conduct occur off the school campus or facility and be construed to be carried out or to have been carried out at the campus or facility.
Existing law authorizes a chief administrative officer of a postsecondary educational institution, or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility, that has a student who has suffered unlawful violence or a credible threat of violence made off the school campus or facility from any individual, individual which can reasonably be construed to be carried out or to have been carried out at the school campus or facility, to seek a temporary restraining order and an injunction on behalf of the student and, at the discretion of the court, any number of other students at the campus or facility, as specified. Postsecondary educational institution is defined for purposes of these provisions as a private institution of vocational, professional, or postsecondary education.
This bill would, beginning January 1, 2026, expand the definition of postsecondary educational institution to include public institutions. The bill would make additional technical, nonsubstantive changes. institutions, expand the conduct for which a restraining order can be sought to include unlawful violence, as defined, and remove the requirements that such conduct occur off the school campus or facility and be construed to be carried out or to have been carried out at the campus or facility.
Existing law authorizes a chief administrative officer of a postsecondary educational institution, or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility, that has a student who has suffered unlawful violence or a credible threat of violence from any individual, which can reasonably be construed to be carried out or to have been carried out at the school campus or facility, to seek a temporary restraining order and an injunction on behalf of the student and, at the discretion of the court, any number of other students at the campus or facility, as specified. Postsecondary educational institution is defined for purposes of these provisions as a private institution of vocational, professional, or postsecondary education.
This bill would would, beginning January 1, 2026, expand the definition of postsecondary educational institution to include public institutions. The bill would make additional technical, nonsubstantive changes.
Existing law authorizes a chief administrative officer of a postsecondary educational institution, or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility, that has a student who has suffered unlawful violence or a credible threat of violence from any individual, which can reasonably be construed to be carried out or to have been carried out at the school campus or facility, to seek a temporary restraining order and an injunction on behalf of the student and, at the discretion of the court, any number of other students at the campus or facility, as specified. Postsecondary educational institution is defined for purposes of these provisions as a private institution of vocational, professional, or postsecondary education.
This bill would expand the definition of postsecondary educational institution to include public institutions. The bill would make additional technical, nonsubstantive changes.
(a)A chief administrative officer of a postsecondary educational institution, or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility, a student of which has suffered a credible threat of violence made off the school campus or facility from any individual which can reasonably be construed to be carried out or to have been carried out at the school campus or facility, may, with the written consent of the student, seek a temporary restraining order and an order after hearing on behalf of the student and, at the discretion of the court, any number of other students at the campus or facility who are similarly situated.
(b)For purposes of this section, the following definitions apply:
(1)Chief administrative officer means the principal, president, or highest ranking official of the postsecondary educational institution.
(2)Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including any of the following:
(A)Following or stalking a student to or from school.
(B)Entering the school campus or facility.
(C)Following a student during school hours.
(D)Making telephone calls to a student.
(E)Sending correspondence to a student by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(3)Credible threat of violence means a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(4)Petitioner means the chief administrative officer, or their designee, who petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Postsecondary educational institution means a private institution of vocational, professional, or postsecondary education.
(6)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(7)Student means an adult currently enrolled in or applying for admission to a postsecondary educational institution.
(8)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte, or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, 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, or coming within a specified distance of, or disturbing the peace of, the student.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(9)Unlawful violence means any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members of the student, or other students at the campus or facility.
(e)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that a student has suffered a credible threat of violence made off the school campus or facility by the respondent, and that great or irreparable harm would result to the student. The temporary restraining order may include any of the protective orders described in paragraph (8) of subdivision (b).
(f)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(g)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court.
(h)Within 21 days, or if good cause appears to the court, within 25 days, from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or if good cause appears to the court, 25 days, from the date the petition is filed.
(i)The respondent may file a response that explains, excuses, justifies, or denies the alleged credible threats of violence.
(j)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is a current student of the entity requesting the order, the judge shall receive evidence concerning the decision of the postsecondary educational institution decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent made a credible threat of violence off the school campus or facility, an order shall be issued prohibiting further threats of violence.
(k)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(l)This section does not preclude either party from representation by private counsel or from appearing on their own behalf.
(m)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(n)A notice of hearing under this section shall notify the respondent that if the respondent does not attend the hearing, the court may make orders against the respondent that could last up to three years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent, named in an order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the respondent does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the respondent by first-class mail sent to that person at the most current address for the respondent available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with a temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this temporary restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address:____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(r)(1)Information on a temporary restraining order or order after hearing relating to schoolsite violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, or termination of the order, and any proof of service, was made, to each law enforcement agency having jurisdiction over the residence of the petition and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order of proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section, and Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(s)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms the person owns or possesses pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(t)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of a postsecondary educational institution to provide a safe environment for students and other persons.
(v)(1)The Judicial Council shall develop forms, instructions, and rules relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w)There is no filing fee for a petition that alleges that a person has threatened violence against a student of the petitioner, or stalked the student, or acted or spoken in any other manner that has placed the student in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future threats of violence, in any action brought pursuant to this section. No fee shall be paid for a subpoena filed in connection with a petition alleging these acts. No fee shall be paid for filing a response to a petition alleging these acts.
(x)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based upon a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(y)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 2.Section 527.85 is added to the Code of Civil Procedure, to read:527.85.(a)A chief administrative officer of a postsecondary educational institution, or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility, a student of which has suffered unlawful violence or a credible threat of violence may, with the written consent of the student, seek a temporary restraining order and an order after hearing on behalf of the student and, at the discretion of the court, any number of other students at the campus or facility who are similarly situated.
(b)For purposes of this section, the following definitions apply:
(1)Chief administrative officer means the principal, president, or highest ranking official of the postsecondary educational institution.
(2)Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including any of the following:
(A)Following or stalking a student to or from school.
(B)Entering the school campus or facility.
(C)Following a student during school hours.
(D)Making telephone calls to a student.
(E)Sending correspondence to a student by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(3)Credible threat of violence means a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(4)Petitioner means the chief administrative officer, or their designee, who petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Postsecondary educational institution means an institution of vocational, professional, or postsecondary education.
(6)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(7)Student means an adult currently enrolled in or applying for admission to a postsecondary educational institution.
(8)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte, or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, 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, or coming within a specified distance of, or disturbing the peace of, the student.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(9)Unlawful violence means any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members of the student, or other students at the campus or facility.
(e)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that a student has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to the student. The temporary restraining order may include any of the protective orders described in paragraph (8) of subdivision (b).
(f)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(g)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court.
(h)Within 21 days, or if good cause appears to the court, within 25 days, from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or if good cause appears to the court, 25 days, from the date the petition is filed.
(i)The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of violence.
(j)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is a current student of the entity requesting the order, the judge shall receive evidence concerning the decision of the postsecondary educational institution decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an order shall be issued prohibiting further unlawful violence or threats of violence.
(k)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(l)This section does not preclude either party from representation by private counsel or from appearing on their own behalf.
(m)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(n)A notice of hearing under this section shall notify the respondent that if the respondent does not attend the hearing, the court may make orders against the respondent that could last up to three years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent, named in an order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the respondent does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the respondent by first-class mail sent to that person at the most current address for the respondent available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with a temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this temporary restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address:____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(r)(1)Information on a temporary restraining order or order after hearing issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, or termination of the order, and any proof of service, was made, to each law enforcement agency having jurisdiction over the residence of the petition and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order of proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section, and Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(s)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms the person owns or possesses pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(t)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of a postsecondary educational institution to provide a safe environment for students and other persons.
(v)(1)The Judicial Council shall develop forms, instructions, and rules relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w)There is no filing fee for a petition that alleges that a person has inflicted unlawful violence, including stalking, or made a credible threat against a student of the petitioner, and that seeks a protective or restraining order restraining stalking or other future unlawful violence or threats of violence, in any action brought pursuant to this section. No fee shall be paid for a subpoena filed in connection with a petition alleging these acts. No fee shall be paid for filing a response to a petition alleging these acts.
(x)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon unlawful violence, including stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based upon a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(y)This section shall become operative on January 1, 2026.
(a)A chief administrative officer of a postsecondary educational institution, or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility, a student of which has suffered a credible threat of violence made off the school campus or facility from any individual which can reasonably be construed to be carried out or to have been carried out at the school campus or facility, may, with the written consent of the student, seek a temporary restraining order and an order after hearing on behalf of the student and, at the discretion of the court, any number of other students at the campus or facility who are similarly situated.
(b)For purposes of this section, the following definitions apply:
(1)Chief administrative officer means the principal, president, or highest ranking official of the postsecondary educational institution.
(2)Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including any of the following:
(A)Following or stalking a student to or from school.
(B)Entering the school campus or facility.
(C)Following a student during school hours.
(D)Making telephone calls to a student.
(E)Sending correspondence to a student by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(3)Credible threat of violence means a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(4)Petitioner means the chief administrative officer, or their designee, who petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Postsecondary educational institution means a private institution of vocational, professional, or postsecondary education.
(6)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(7)Student means an adult currently enrolled in or applying for admission to a postsecondary educational institution.
(8)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte, or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, 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, or coming within a specified distance of, or disturbing the peace of, the student.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(9)Unlawful violence means any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members of the student, or other students at the campus or facility.
(e)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that a student has suffered a credible threat of violence made off the school campus or facility by the respondent, and that great or irreparable harm would result to the student. The temporary restraining order may include any of the protective orders described in paragraph (8) of subdivision (b).
(f)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(g)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court.
(h)Within 21 days, or if good cause appears to the court, within 25 days, from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or if good cause appears to the court, 25 days, from the date the petition is filed.
(i)The respondent may file a response that explains, excuses, justifies, or denies the alleged credible threats of violence.
(j)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is a current student of the entity requesting the order, the judge shall receive evidence concerning the decision of the postsecondary educational institution decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent made a credible threat of violence off the school campus or facility, an order shall be issued prohibiting further threats of violence.
(k)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(l)This section does not preclude either party from representation by private counsel or from appearing on their own behalf.
(m)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(n)A notice of hearing under this section shall notify the respondent that if the respondent does not attend the hearing, the court may make orders against the respondent that could last up to three years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent, named in an order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the respondent does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the respondent by first-class mail sent to that person at the most current address for the respondent available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with a temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this temporary restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address:____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(r)(1)Information on a temporary restraining order or order after hearing relating to schoolsite violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, or termination of the order, and any proof of service, was made, to each law enforcement agency having jurisdiction over the residence of the petition and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order of proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section, and Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(s)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms the person owns or possesses pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(t)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of a postsecondary educational institution to provide a safe environment for students and other persons.
(v)(1)The Judicial Council shall develop forms, instructions, and rules relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w)There is no filing fee for a petition that alleges that a person has threatened violence against a student of the petitioner, or stalked the student, or acted or spoken in any other manner that has placed the student in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future threats of violence, in any action brought pursuant to this section. No fee shall be paid for a subpoena filed in connection with a petition alleging these acts. No fee shall be paid for filing a response to a petition alleging these acts.
(x)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based upon a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(y)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 2.Section 527.85 is added to the Code of Civil Procedure, to read:527.85.(a)A chief administrative officer of a postsecondary educational institution, or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility, a student of which has suffered unlawful violence or a credible threat of violence may, with the written consent of the student, seek a temporary restraining order and an order after hearing on behalf of the student and, at the discretion of the court, any number of other students at the campus or facility who are similarly situated.
(b)For purposes of this section, the following definitions apply:
(1)Chief administrative officer means the principal, president, or highest ranking official of the postsecondary educational institution.
(2)Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including any of the following:
(A)Following or stalking a student to or from school.
(B)Entering the school campus or facility.
(C)Following a student during school hours.
(D)Making telephone calls to a student.
(E)Sending correspondence to a student by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(3)Credible threat of violence means a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(4)Petitioner means the chief administrative officer, or their designee, who petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Postsecondary educational institution means an institution of vocational, professional, or postsecondary education.
(6)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(7)Student means an adult currently enrolled in or applying for admission to a postsecondary educational institution.
(8)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte, or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, 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, or coming within a specified distance of, or disturbing the peace of, the student.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(9)Unlawful violence means any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members of the student, or other students at the campus or facility.
(e)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that a student has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to the student. The temporary restraining order may include any of the protective orders described in paragraph (8) of subdivision (b).
(f)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(g)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court.
(h)Within 21 days, or if good cause appears to the court, within 25 days, from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or if good cause appears to the court, 25 days, from the date the petition is filed.
(i)The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of violence.
(j)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is a current student of the entity requesting the order, the judge shall receive evidence concerning the decision of the postsecondary educational institution decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an order shall be issued prohibiting further unlawful violence or threats of violence.
(k)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(l)This section does not preclude either party from representation by private counsel or from appearing on their own behalf.
(m)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(n)A notice of hearing under this section shall notify the respondent that if the respondent does not attend the hearing, the court may make orders against the respondent that could last up to three years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent, named in an order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the respondent does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the respondent by first-class mail sent to that person at the most current address for the respondent available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with a temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this temporary restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address:____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(r)(1)Information on a temporary restraining order or order after hearing issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, or termination of the order, and any proof of service, was made, to each law enforcement agency having jurisdiction over the residence of the petition and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order of proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section, and Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(s)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms the person owns or possesses pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(t)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of a postsecondary educational institution to provide a safe environment for students and other persons.
(v)(1)The Judicial Council shall develop forms, instructions, and rules relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w)There is no filing fee for a petition that alleges that a person has inflicted unlawful violence, including stalking, or made a credible threat against a student of the petitioner, and that seeks a protective or restraining order restraining stalking or other future unlawful violence or threats of violence, in any action brought pursuant to this section. No fee shall be paid for a subpoena filed in connection with a petition alleging these acts. No fee shall be paid for filing a response to a petition alleging these acts.
(x)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon unlawful violence, including stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based upon a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(y)This section shall become operative on January 1, 2026.
(a)A chief administrative officer of a postsecondary educational institution, or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility, a student of which has suffered a credible threat of violence made off the school campus or facility from any individual which can reasonably be construed to be carried out or to have been carried out at the school campus or facility, may, with the written consent of the student, seek a temporary restraining order and an order after hearing on behalf of the student and, at the discretion of the court, any number of other students at the campus or facility who are similarly situated.
(b)For purposes of this section, the following definitions apply:
(1)Chief administrative officer means the principal, president, or highest ranking official of the postsecondary educational institution.
(2)Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including any of the following:
(A)Following or stalking a student to or from school.
(B)Entering the school campus or facility.
(C)Following a student during school hours.
(D)Making telephone calls to a student.
(E)Sending correspondence to a student by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(3)Credible threat of violence means a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(4)Petitioner means the chief administrative officer, or their designee, who petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Postsecondary educational institution means a private institution of vocational, professional, or postsecondary education.
(6)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(7)Student means an adult currently enrolled in or applying for admission to a postsecondary educational institution.
(8)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte, or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, 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, or coming within a specified distance of, or disturbing the peace of, the student.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(9)Unlawful violence means any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members of the student, or other students at the campus or facility.
(e)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that a student has suffered a credible threat of violence made off the school campus or facility by the respondent, and that great or irreparable harm would result to the student. The temporary restraining order may include any of the protective orders described in paragraph (8) of subdivision (b).
(f)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(g)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court.
(h)Within 21 days, or if good cause appears to the court, within 25 days, from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or if good cause appears to the court, 25 days, from the date the petition is filed.
(i)The respondent may file a response that explains, excuses, justifies, or denies the alleged credible threats of violence.
(j)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is a current student of the entity requesting the order, the judge shall receive evidence concerning the decision of the postsecondary educational institution decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent made a credible threat of violence off the school campus or facility, an order shall be issued prohibiting further threats of violence.
(k)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(l)This section does not preclude either party from representation by private counsel or from appearing on their own behalf.
(m)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(n)A notice of hearing under this section shall notify the respondent that if the respondent does not attend the hearing, the court may make orders against the respondent that could last up to three years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent, named in an order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the respondent does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the respondent by first-class mail sent to that person at the most current address for the respondent available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with a temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this temporary restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address:____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(r)(1)Information on a temporary restraining order or order after hearing relating to schoolsite violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, or termination of the order, and any proof of service, was made, to each law enforcement agency having jurisdiction over the residence of the petition and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order of proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section, and Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(s)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms the person owns or possesses pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(t)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of a postsecondary educational institution to provide a safe environment for students and other persons.
(v)(1)The Judicial Council shall develop forms, instructions, and rules relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w)There is no filing fee for a petition that alleges that a person has threatened violence against a student of the petitioner, or stalked the student, or acted or spoken in any other manner that has placed the student in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future threats of violence, in any action brought pursuant to this section. No fee shall be paid for a subpoena filed in connection with a petition alleging these acts. No fee shall be paid for filing a response to a petition alleging these acts.
(x)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based upon a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(y)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 2.Section 527.85 is added to the Code of Civil Procedure, to read:527.85.(a)A chief administrative officer of a postsecondary educational institution, or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility, a student of which has suffered unlawful violence or a credible threat of violence made off the school campus or facility from any individual which can reasonably be construed to be carried out or to have been carried out at the school campus or facility, may, with the written consent of the student, seek a temporary restraining order and an order after hearing on behalf of the student and, at the discretion of the court, any number of other students at the campus or facility who are similarly situated.
(b)For purposes of this section, the following definitions apply:
(1)Chief administrative officer means the principal, president, or highest ranking official of the postsecondary educational institution.
(2)Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including any of the following:
(A)Following or stalking a student to or from school.
(B)Entering the school campus or facility.
(C)Following a student during school hours.
(D)Making telephone calls to a student.
(E)Sending correspondence to a student by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(3)Credible threat of violence means a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(4)Petitioner means the chief administrative officer, or their designee, who petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Postsecondary educational institution means an institution of vocational, professional, or postsecondary education.
(6)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(7)Student means an adult currently enrolled in or applying for admission to a postsecondary educational institution.
(8)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte, or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, 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, or coming within a specified distance of, or disturbing the peace of, the student.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(9)Unlawful violence means any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members of the student, or other students at the campus or facility.
(e)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that a student has suffered unlawful violence or a credible threat of violence made off the school campus or facility by the respondent, and that great or irreparable harm would result to the student. The temporary restraining order may include any of the protective orders described in paragraph (8) of subdivision (b).
(f)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(g)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court.
(h)Within 21 days, or if good cause appears to the court, within 25 days, from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or if good cause appears to the court, 25 days, from the date the petition is filed.
(i)The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of violence.
(j)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is a current student of the entity requesting the order, the judge shall receive evidence concerning the decision of the postsecondary educational institution decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence off the school campus or facility, violence, an order shall be issued prohibiting further unlawful violence or threats of violence.
(k)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(l)This section does not preclude either party from representation by private counsel or from appearing on their own behalf.
(m)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(n)A notice of hearing under this section shall notify the respondent that if the respondent does not attend the hearing, the court may make orders against the respondent that could last up to three years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent, named in an order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the respondent does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the respondent by first-class mail sent to that person at the most current address for the respondent available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with a temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this temporary restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address:____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(r)(1)Information on a temporary restraining order or order after hearing relating to schoolsite violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, or termination of the order, and any proof of service, was made, to each law enforcement agency having jurisdiction over the residence of the petition and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order of proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section, and Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(s)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms the person owns or possesses pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(t)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of a postsecondary educational institution to provide a safe environment for students and other persons.
(v)(1)The Judicial Council shall develop forms, instructions, and rules relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w)There is no filing fee for a petition that alleges that a person has threatened violence inflicted unlawful violence, including stalking, or made a credible threat against a student of the petitioner, or stalked the student, or acted or spoken in any other manner that has placed the student in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or other future unlawful violence or threats of violence, in any action brought pursuant to this section. No fee shall be paid for a subpoena filed in connection with a petition alleging these acts. No fee shall be paid for filing a response to a petition alleging these acts.
(x)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon unlawful violence, including stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based upon a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(y)This section shall become operative on January 1, 2026.
(a)A chief administrative officer of a postsecondary educational institution, or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility, a student of which has suffered a credible threat of violence made off the school campus or facility from any individual which can reasonably be construed to be carried out or to have been carried out at the school campus or facility, may, with the written consent of the student, seek a temporary restraining order and an order after hearing on behalf of the student and, at the discretion of the court, any number of other students at the campus or facility who are similarly situated.
(b)For purposes of this section, the following definitions apply:
(1)Chief administrative officer means the principal, president, or highest ranking official of the postsecondary educational institution.
(2)Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including any of the following:
(A)Following or stalking a student to or from school.
(B)Entering the school campus or facility.
(C)Following a student during school hours.
(D)Making telephone calls to a student.
(E)Sending correspondence to a student by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(3)Credible threat of violence means a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(4)Petitioner means the chief administrative officer, or their designee, who petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Postsecondary educational institution means an a private institution of vocational, professional, or postsecondary education.
(6)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(7)Student means an adult currently enrolled in or applying for admission to a postsecondary educational institution.
(8)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte, or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, 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, or coming within a specified distance of, or disturbing the peace of, the student.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(9)Unlawful violence means any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members of the student, or other students at the campus or facility.
(e)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that a student has suffered a credible threat of violence made off the school campus or facility by the respondent, and that great or irreparable harm would result to the student. The temporary restraining order may include any of the protective orders described in paragraph (8) of subdivision (b).
(f)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(g)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court.
(h)Within 21 days, or if good cause appears to the court, within 25 days, from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or if good cause appears to the court, 25 days, from the date the petition is filed.
(i)The respondent may file a response that explains, excuses, justifies, or denies the alleged credible threats of violence.
(j)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is a current student of the entity requesting the order, the judge shall receive evidence concerning the decision of the postsecondary educational institution decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent made a credible threat of violence off the school campus or facility, an order shall be issued prohibiting further threats of violence.
(k)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(l)This section does not preclude either party from representation by private counsel or from appearing on their own behalf.
(m)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(n)A notice of hearing under this section shall notify the respondent that if the respondent does not attend the hearing, the court may make orders against the respondent that could last up to three years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent, named in an order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the respondent does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the respondent by first-class mail sent to that person at the most current address for the respondent available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with a temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this temporary restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address:____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(r)(1)Information on a temporary restraining order or order after hearing relating to schoolsite violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, or termination of the order, and any proof of service, was made, to each law enforcement agency having jurisdiction over the residence of the petition and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order of proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section, and Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(s)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms the person owns or possesses pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases, or receives, or attempts to purchase or receive receive, a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(t)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of a postsecondary educational institution to provide a safe environment for students and other persons.
(v)(1)The Judicial Council shall develop forms, instructions, and rules relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w)There is no filing fee for a petition that alleges that a person has threatened violence against a student of the petitioner, or stalked the student, or acted or spoken in any other manner that has placed the student in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future threats of violence, in any action brought pursuant to this section. No fee shall be paid for a subpoena filed in connection with a petition alleging these acts. No fee shall be paid for filing a response to a petition alleging these acts.
(x)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based upon a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(y)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 2.Section 527.85 is added to the Code of Civil Procedure, to read:527.85.(a)A chief administrative officer of a postsecondary educational institution, or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility, a student of which has suffered a credible threat of violence made off the school campus or facility from any individual which can reasonably be construed to be carried out or to have been carried out at the school campus or facility, may, with the written consent of the student, seek a temporary restraining order and an order after hearing on behalf of the student and, at the discretion of the court, any number of other students at the campus or facility who are similarly situated.
(b)For purposes of this section, the following definitions apply:
(1)Chief administrative officer means the principal, president, or highest ranking official of the postsecondary educational institution.
(2)Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including any of the following:
(A)Following or stalking a student to or from school.
(B)Entering the school campus or facility.
(C)Following a student during school hours.
(D)Making telephone calls to a student.
(E)Sending correspondence to a student by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(3)Credible threat of violence means a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(4)Petitioner means the chief administrative officer, or their designee, who petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Postsecondary educational institution means an institution of vocational, professional, or postsecondary education.
(6)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(7)Student means an adult currently enrolled in or applying for admission to a postsecondary educational institution.
(8)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte, or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, 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, or coming within a specified distance of, or disturbing the peace of, the student.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(9)Unlawful violence means any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members of the student, or other students at the campus or facility.
(e)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that a student has suffered a credible threat of violence made off the school campus or facility by the respondent, and that great or irreparable harm would result to the student. The temporary restraining order may include any of the protective orders described in paragraph (8) of subdivision (b).
(f)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(g)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court.
(h)Within 21 days, or if good cause appears to the court, within 25 days, from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or if good cause appears to the court, 25 days, from the date the petition is filed.
(i)The respondent may file a response that explains, excuses, justifies, or denies the alleged credible threats of violence.
(j)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is a current student of the entity requesting the order, the judge shall receive evidence concerning the decision of the postsecondary educational institution decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent made a credible threat of violence off the school campus or facility, an order shall be issued prohibiting further threats of violence.
(k)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(l)This section does not preclude either party from representation by private counsel or from appearing on their own behalf.
(m)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(n)A notice of hearing under this section shall notify the respondent that if the respondent does not attend the hearing, the court may make orders against the respondent that could last up to three years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent, named in an order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the respondent does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the respondent by first-class mail sent to that person at the most current address for the respondent available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with a temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this temporary restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address:____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(r)(1)Information on a temporary restraining order or order after hearing relating to schoolsite violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, or termination of the order, and any proof of service, was made, to each law enforcement agency having jurisdiction over the residence of the petition and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order of proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section, and Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(s)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms the person owns or possesses pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(t)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of a postsecondary educational institution to provide a safe environment for students and other persons.
(v)(1)The Judicial Council shall develop forms, instructions, and rules relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w)There is no filing fee for a petition that alleges that a person has threatened violence against a student of the petitioner, or stalked the student, or acted or spoken in any other manner that has placed the student in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future threats of violence, in any action brought pursuant to this section. No fee shall be paid for a subpoena filed in connection with a petition alleging these acts. No fee shall be paid for filing a response to a petition alleging these acts.
(x)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based upon a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
(y)This section shall become operative on January 1, 2026.
(a)Any A chief administrative officer of a postsecondary educational institution, or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility, a student of which has suffered a credible threat of violence made off the school campus or facility from any individual which can reasonably be construed to be carried out or to have been carried out at the school campus or facility, may, with the written consent of the student, seek a temporary restraining order and an order after hearing on behalf of the student and, at the discretion of the court, any number of other students at the campus or facility who are similarly situated.
(b)For purposes of this section, the following definitions apply:
(1)Chief administrative officer means the principal, president, or highest ranking official of the postsecondary educational institution.
(2)Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including any of the following:
(A)Following or stalking a student to or from school.
(B)Entering the school campus or facility.
(C)Following a student during school hours.
(D)Making telephone calls to a student.
(E)Sending correspondence to a student by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(3)Credible threat of violence means a knowing and willful statement or course of conduct that would place a reasonable person in fear for his or her their safety, or the safety of his or her their immediate family, and that serves no legitimate purpose.
(4)Petitioner means the chief administrative officer, or his or her their designee, who petitions under subdivision (a) for a temporary restraining order and order after hearing.
(5)Postsecondary educational institution means a private an institution of vocational, professional, or postsecondary education.
(6)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(7)Student means an adult currently enrolled in or applying for admission to a postsecondary educational institution.
(8)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte, or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, 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, or coming within a specified distance of, or disturbing the peace of, the student.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(9)Unlawful violence means any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other provision of law.
(d)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members of the student, or other students at the campus or facility.
(e)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that a student has suffered a credible threat of violence made off the school campus or facility by the respondent, and that great or irreparable harm would result to the student. The temporary restraining order may include any of the protective orders described in paragraph (8) of subdivision (b).
(f)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(g)A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court.
(h)Within 21 days, or if good cause appears to the court, within 25 days, from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or if good cause appears to the court, 25 days, from the date the petition is filed.
(i)The respondent may file a response that explains, excuses, justifies, or denies the alleged credible threats of violence.
(j)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is a current student of the entity requesting the order, the judge shall receive evidence concerning the decision of the postsecondary educational institution decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent made a credible threat of violence off the school campus or facility, an order shall be issued prohibiting further threats of violence.
(k)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive his or her their right to notice if he or she is they are physically present in court and does not challenge the sufficiency of the notice.
(l)This section does not preclude either party from representation by private counsel or from appearing on his or her their own behalf.
(m)Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(n)A notice of hearing under this section shall notify the respondent that if he or she the respondent does not attend the hearing, the court may make orders against him or her the respondent that could last up to three years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent, named in an order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the respondent does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the respondent by first-class mail sent to that person at the most current address for the respondent available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with a temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this temporary restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address:____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(r)(1)Information on a temporary restraining order or order after hearing relating to schoolsite violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, or termination of the order, and any proof of service, was made, to each law enforcement agency having jurisdiction over the residence of the petition and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order of proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section, and Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(s)(1)A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued under this section to relinquish any firearms he or she the person owns or possesses pursuant to Section 527.9.
(3)Every person who owns, possesses, purchases, or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(t)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of a postsecondary educational institution to provide a safe environment for students and other persons.
(v)(1)The Judicial Council shall develop forms, instructions, and rules relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w)There is no filing fee for a petition that alleges that a person has threatened violence against a student of the petitioner, or stalked the student, or acted or spoken in any other manner that has placed the student in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future threats of violence, in any action brought pursuant to this section. No fee shall be paid for a subpoena filed in connection with a petition alleging these acts. No fee shall be paid for filing a response to a petition alleging these acts.
(x)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based upon a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
REVISIONS: HeadingLine 2.|
Date
|
Status
|
|---|---|
| Sep 29, 2024 | Chaptered by Secretary of State - Chapter 947, Statutes of 2024. |
| Sep 29, 2024 | Approved by the Governor. |
| Sep 11, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 29, 2024 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.). |
| Aug 29, 2024 | Assembly Rule 77 suspended. |
| Aug 28, 2024 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. |
| Aug 28, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.). |
| Aug 23, 2024 | Ordered to special consent calendar. |
| Aug 19, 2024 | Read second time. Ordered to third reading. |
| Aug 15, 2024 | From committee: Do pass. (Ayes 7. Noes 0.) (August 15). |
| Aug 5, 2024 | In committee: Referred to APPR suspense file. |
| Jul 3, 2024 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (July 3). Re-referred to Com. on APPR. |
| Jun 24, 2024 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. |
| Jun 12, 2024 | From committee: Do pass and re-refer to Com. on ED. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 11). Re-referred to Com. on ED. |
| May 29, 2024 | Referred to Coms. on JUD. and ED. |
| May 22, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 21, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 5361.) |
| May 20, 2024 | Read second time. Ordered to third reading. |
| May 16, 2024 | Read second time and amended. Ordered returned to second reading. |
| May 16, 2024 | From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 16). |
| May 16, 2024 | Assembly Rule 63 suspended. |
| Apr 17, 2024 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 10, 2024 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (April 9). Re-referred to Com. on APPR. |
| Apr 10, 2024 | Coauthors revised. |
| Mar 12, 2024 | From committee: Do pass and re-refer to Com. on HIGHER ED. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (March 12). Re-referred to Com. on HIGHER ED. |
| Mar 12, 2024 | Coauthors revised. |
| Feb 20, 2024 | Referred to Coms. on JUD. and HIGHER ED. |
| Feb 6, 2024 | From printer. May be heard in committee March 7. |
| Feb 5, 2024 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 29, 2024 | AB 2096 Petrie-Norris Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 28, 2024 | Special Consent AB2096 Petrie-Norris et al. By Blakespear | Senate Floor |
Passed |
|
| Aug 15, 2024 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 5, 2024 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 3, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Education |
Passed |
|
| Jun 11, 2024 | Do pass, but first be re-referred to the Committee on [Education] with the recommendation: To Consent Calendar | Senate Standing Committee on Judiciary |
Passed |
|
| May 21, 2024 | AB 2096 Petrie-Norris Assembly Third Reading | Assembly Floor |
Passed |
|
| May 16, 2024 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 9, 2024 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Higher Education |
Passed |
|
| Mar 12, 2024 | Do pass and be re-referred to the Committee on [Higher Education] with recommendation: To Consent Calendar | Assembly Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Association of University Women of California | ** Support | |
| California Federation of Teachers, AFL-CIO | ** Support | |
| Consumer Protection Policy Center at the Center for Public Interest Law | ** Support | |
| Giffords | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2096
Author:(Petrie-Norris)
As Amended Ver:June 24, 2024
Majority vote
SUMMARY
Authorizes the administrator of a public postsecondary educational institution to seek a temporary restraining order and an injunction on behalf of a student who has suffered unlawful violence or a credible threat of violence to protect them on the school campus; and allows orders to be obtained, by both public and private educational institutions, regardless of where the violence or threat of violence occurs.
Major Provisions
- Allows, as of January 1, 2026, a chief administrative officer of a public postsecondary institution, like an administrator of a private one, to seek and obtain a temporary restraining order and an injunction on behalf of a student.
- Allows a temporary restraining order and an injunction to be obtained on behalf of a student who has suffer unlawful violence or a credible threat of violence under specified circumstances.
- Requires that forms promulgated by the Judicial Council must be updated to reflect the provisions of 1).
Senate Amendments
- Eliminate the requirement in current law that in order for a chief administrative officer of a public or private postsecondary institution to obtain a temporary restraining order and an injunction on behalf of a student, the unlawful or threatening act must have occurred off the school campus.
- Clarify that a temporary restraining order and an injunction on behalf of a student may be obtained on the basis of unlawful violence, as well as on the basis of a credible threat of violence that a student suffers.
COMMENTS
Since 2010, an administrator of a private postsecondary educational institution has been able to seek a temporary restraining order on behalf of a student at the institution who faces an off-campus threat so the student is protected from violence being carried out on campus. Existing law, however, does not allow an administrator of a public college or university to seek such an order. This bill would allow an administrator of a public college or university in to do so.
Protective Orders. The purpose of a protective order is to prevent future harm to the petitioner (the protected party) by ordering the respondent (the restrained party) to refrain from doing a particular act. Current law authorizes protective orders to be issued under a variety of circumstances to prevent various forms of harm, including civil harassment (Code of Civil Procedure (CCP) Section 527.6(d)); workplace violence (CCP Section 527.8(e)); elder or dependent adult abuse (Welfare and Institutions Code Section 15657.03(c)); domestic violence (Family Code Sections 241, 6220, 6300 et seq.); and juvenile abuse (Welfare and Institutions Code Section 213.5(e)). Most relevant to this bill, existing law provides that a court may issue a temporary restraining order for postsecondary education violence, as specified in CCP Section 527.85.
Depending on the type of order that is sought, a protective order may last days, weeks, years, or even permanently. In order to get immediate protection, a petitioner may seek a temporary restraining order (TRO). The TRO becomes effective upon receiving a judge's signature and being served on the respondent. TROs may be granted ex parte, without formal notice to, or presence of, the respondent and are issued or denied on the date of application, unless the application is filed too late to permit effective review. TROs generally expire after 21 days, or expire after the noticed motion to extend the order.
Campus protective orders. As the result of SB 188 (Runner), Chap. 566, Stats. 2010, the administrator of a private postsecondary college or university in California has the ability to seek and obtain a protective order on behalf of a student or students at the college or university to protect them against a credible threat of violence made off campus that reasonably could be construed to be a threat that would be carried out on the school campus. According to the Judiciary Committee's analysis of SB 188, the need for the law became apparent after an incident at a private beauty college:
The author relates that the idea for this bill arises from an incident that occurred at an adult beauty institute in Lancaster, California. According to the author, the Western Beauty Institute (WBI) expelled a student who was making threats to other students and staff members. After being expelled, the [former] student proceeded to attack one of her classmates with a set of keys, inflicting a serious head injury. In response to this incident, the administrators of WBI asked the court for a restraining order but discovered that educational facilities are not covered by current law. Therefore, there is currently no mechanism to issue a blanket restraining order to protect all individuals on a campus at any given time.
As proposed to be amended, the bill is appropriately limited to the private postsecondary schools whose students are the subject of off-campus threats that are understood to be carried out on campus because law enforcement officials advise that these threats are not covered by existing criminal and civil protections, and excludes minors and public schools and where serious and countervailing constitutional, educational, parental, due-process and other important legal rights and concerns are implicated. (Assembly Committee on Judiciary, SB 188 (Runner), Date of Hearing September 10, 2009.)
This bill. By changing the definition of "postsecondary institution" to include a public postsecondary institution, this bill allows an administrator of a public college or university to seek a temporary restraining order and an injunction on behalf of a student. Thus, a student at such an institution who has suffered unlawful violence or a credible threat of violence would be protected by a court order against any individual who could reasonably be construed to pose a threat to a student that could be carried out at the school campus or facility, regardless of whether the violence or threat occurs on or off campus. The bill requires the Judicial Council to update its forms for such orders and is effective as of January 1, 20026.
According to the Author
AB 2096 will better protect students, faculty, and staff at California's many public postsecondary institutions by expanding the eligible use of School Violence Restraining Orders (SVROs). . . .
Unfortunately, students and staff at public, postsecondary institutions in California cannot currently utilize this remedy. All they can do under current law is ask for their Chief Administrative Officer to notify the threatening person that they are not welcome on campus or rely on law enforcement and criminal remedies, including trespassing and disorderly conduct offenses, which are misdemeanor offenses, and neither are firearm prohibiting.
AB 2096 simply proposes to extend this protection in current law to all postsecondary institutions in California, so that students and faculty can access all available remedies to keep them safe.
Arguments in Support
The Consumer Protection Policy Center based at the University of San Diego School of Law and Giffords both write the following in support of the bill:
School Violence Restraining Orders were established due to a situation at a private, postsecondary institution where, although a student had made threats of violence, a general restraining order to protect everyone on campus was unavailable because restraining orders are generally limited to protecting specific, named individuals.
AB 2096 helps protect all students at public postsecondary institutions by allowing the appropriate administrator to seek a civil, firearm, and ammunition-prohibiting restraining order from those who have made credible threats of harm. This will increase safety, reduce dangerous situations, and ultimately make our schools safer.
Arguments in Opposition
No opposition on file.
FISCAL COMMENTS
According to the Senate Appropriations analysis, this bill presents unknown, potentially significant workload cost pressures (General Fund, Trial Court Trust Fund) to the courts to adjudicate request for restraining orders authorized by this bill. While it is not known how many actions would be filed resulting from the various changes that this measure would make, it generally costs about $1,000 to operate a courtroom for one hour. Consequently, if reforms proposed by this bill lead to the filing of cases that, combined, take 50 or more hours of court involvement, the cost pressures of this measure to the courts would be significant. While the superior courts are not funded on a workload basis, an increase in workload could result in delayed court services and pressure to fund additional staff and resources. The Budget Act of 2024, for the fiscal year beginning July 1, 2024, includes a $97 million reduction to the trial courts, a commensurate reduction of up to 7.95 percent to the budget for the state-level judiciary, and a reduction of the trial court state-level emergency reserve in the Trial Court Trust Fund from $10 million to $5 million. The Budget Act also includes a $37.3 million General Fund backfill for the Trial Court Trust Fund to address the continued decline in civil fee and criminal fine and penalty revenues expected in fiscal year 2024‒25.
VOTES:
ASM JUDICIARY: 10-0-2
YES: Kalra, Dixon, Bauer-Kahan, Bryan, Connolly, Maienschein, McKinnor, Pacheco, Reyes, Sanchez
ABS, ABST OR NV: Haney, Waldron
ASM HIGHER EDUCATION: 11-0-0
YES: Mike Fong, Ta, Arambula, Boerner, Chen, Essayli, Irwin, Jackson, Low, Muratsuchi, Quirk-Silva
ASM APPROPRIATIONS: 11-0-4
YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua
ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta
ASSEMBLY FLOOR: 74-0-6
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Mathis
SENATE FLOOR: 39-0-1
YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Alvarado-Gil
UPDATED
VERSION: June 24, 2024
CONSULTANT: Alison Merrilees / JUD. / (916) 319-2334 FN: 0004793
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2096 |
THIRD READING
Bill No: AB 2096
Author: Petrie-Norris (D), et al.
Amended: 6/24/24 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE: 11-0, 6/11/24
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Niello, Roth, Stern, Wahab
SENATE EDUCATION COMMITTEE: 7-0, 7/3/24
AYES: Newman, Ochoa Bogh, Cortese, Glazer, Gonzalez, Smallwood-Cuevas, Wilk
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
ASSEMBLY FLOOR: 74-0, 5/21/24 - See last page for vote
SUBJECT: Restraining orders: educational institutions
SOURCE: Author
DIGEST:
This bill, beginning January 1, 2026, (a) expands existing law, which permits a postsecondary educational institution’s chief administrative officer to obtain a temporary restraining order or order after hearing on behalf of a student, to include public postsecondary institutions; (b) expands the categories of conduct for which a restraining order can be sought; and (c) removes the requirement that the conduct occur off the school campus or facility.
ANALYSIS:
Existing law:
- Defines the following relevant terms:
- “Chief administrative officer” means the principal, president, or highest-ranking official of a postsecondary educational institution.
- “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including (1) following or stalking to or from school; (2) entering the school campus or facility; (3) following a student during school hours; (4) making telephone calls to a student; and (5) sending correspondence to a student by any means.
- “Credible threat of violence” means a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
- “Petitioner” means the chief administrative officer, or their designee, who files a petition under 2).
- “Postsecondary educational institution” means a private institution of vocational, professional, or postsecondary education.
- “Student” means an adult currently enrolled in or applying for admission to a postsecondary educational institution.
- “Temporary restraining order” and “order after hearing” mean orders that include any of the following restraining orders, whether issued ex parte, or after notice and hearing:
- An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including making annoying telephones as defined, destroying personal property, contacting (directly or indirectly), or coming within a specified distance of, or disturbing the peace of, the student.
- An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in (g)(i).
- “Unlawful violence” means any assault or battery, or stalking as defined, but does not include lawful acts of self-defense or defense of others. (Code Civ. Proc., § 527.85(b).)
- Permits a chief executive officer of a postsecondary educational institution, or an officer or employee designated by the chief executive officer, to seek a temporary restraining order and an order after hearing on behalf of the student, as follows:
- The student must have suffered a credible threat of violence made off the school campus or facility from any individual which can reasonably be construed to be carried out or to have been carried out at the school campus or facility.
- The chief executive officer or their designee must obtain the written consent of the student.
- The chief executive officer or their designee may, at the discretion of the court, seek a temporary order or order after hearing on behalf of any other students at the campus or facility who are similarly situated.
- The court may not issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected.
- In the discretion of the court, for good cause shown, a temporary restraining order or order after hearing may include other named family or household members of the student, or other students at the campus or facility. (Code Civ. Proc., § 527.85(a), (c), (d).)
- Establishes procedures and timelines for a postsecondary educational institution to obtain a temporary restraining order or order after hearing pursuant to 2). (Code Civ. Proc., § 527.85(e)-(k), (m), (o), (p).)
- Provides that a person who is subject to a protective order issued under 3) shall not own, possess, receive, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
- The court shall order a person subject to a protective order to relinquish any firearms or ammunition they own or possess pursuant to the provisions set forth in Code of Civil Procedure section 527.9.
- Any person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm or ammunition while the protective order is in effect is punishable pursuant to Penal Code section 29825.
- Provides that nothing in 2)-4) prevents either party from representation by private counsel or from appearing on their own behalf. (Code Civ. Proc., § 527.85(l).)
This bill:
- Modifies, effective January 1, 2026, the educational restraining order provisions, as follows:
- Expands the definition of “postsecondary educational institution” to include public institutions of vocational, professional, or postsecondary education.
- Authorizes a postsecondary educational institutional institution to seek a restraining order or order after hearing when a student has suffered unlawful violence.
- Removes the requirement that the unlawful violence or threat of unlawful violence have taken place off of the school campus or facility.
Comments
In 2009, the Legislature enacted SB 188 (Runner, Chapter 566, Statutes of 2009), which allowed the chief executive officer of a private postsecondary educational institution to seek a protective order---including a temporary restraining order or an order after hearing—on behalf of a student who has experienced an off-campus threat of on-campus violence.[1] The bill originated from a school at which a former student was harassing current students; the school was told that there was no way for the school to obtain a protective order for the campus as a whole, and that it instead would have to seek 375 separate protective orders to prevent the former student from entering the campus.[2] The bill was modeled after existing provisions allowing an employer to seek a protective order on behalf of an employee who suffered a credible threat of violence that could be construed to be carried out at the workplace.[3] These protections, however, are available only to administrators at private postsecondary institutions, not public ones.
This bill removes that limitation, effective January 1, 2026. This bill grants the same protections for students at public postsecondary educational institutions that are currently available to students at private postsecondary educational institutions. Additionally, this bill permits a postsecondary educational institution to seek a restraining order or order after hearing when a student has been the victim of unlawful violence, and to seek an order whether the violence or threat of violence occurred on or off campus.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, this bill presents unknown, potentially significant workload cost pressures (General Fund, Trial Court Trust Fund) to the courts to adjudicate request for restraining orders authorized by this bill. While it is not known how many actions would be filed resulting from the various changes that this measure would make, it generally costs about $1,000 to operate a courtroom for one hour. Consequently, if reforms proposed by this bill lead to the filing of cases that, combined, take 50 or more hours of court involvement, the cost pressures of this measure to the courts would be significant. While the superior courts are not funded on a workload basis, an increase in workload could result in delayed court services and pressure to fund additional staff and resources. The Budget Act of 2024, for the fiscal year beginning July 1, 2024, includes a $97 million reduction to the trial courts, a commensurate reduction of up to 7.95 percent to the budget for the state-level judiciary, and a reduction of the trial court state-level emergency reserve in the Trial Court Trust Fund from $10 million to $5 million. The Budget Act also includes a $37.3 million General Fund backfill for the Trial Court Trust Fund to address the continued decline in civil fee and criminal fine and penalty revenues expected in fiscal year 2024‒25.
SUPPORT: (Verified 8/14/24)
American Association of University Women of California
California Federation of Teachers, AFL-CIO
Consumer Protection Policy Center at the Center for Public Interest Law
Giffords
OPPOSITION: (Verified 8/14/24)
None received
ARGUMENTS IN SUPPORT: According to the American Association of University Women of California, writing in support of the bill:
This important measure will help ensure a safe and inclusive environment for those studying and working within our educational institutions. The safety and well-being of students and faculty members are pivotal to the overall success of any academic community. By granting chief administrative officers the authority to request temporary restraining orders and injunctions, AB 2096 authorizes critical assistance to those who live with threats or acts of violence and provides a necessary tool to help mitigate these threats.
AB 2096 will contribute significantly to a safe and secure educational environment and protect faculty and students who have endured violence or the threat of violence.
ASSEMBLY FLOOR: 74-0, 5/21/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Mathis
Prepared by: Allison Whitt Meredith / JUD. / (916) 651-4113
8/18/24 8:51:26
**** END ****
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
AB 2096 (Petrie-Norris) - Restraining orders: educational institutions
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
AB 2096 authorizes a public postsecondary educational institution to seek a temporary restraining order or an injunction on behalf of a student.
Fiscal Impact:
Unknown, potentially significant workload cost pressures (General Fund, Trial Court Trust Fund) to the courts to adjudicate request for restraining orders authorized by this bill. While it is not known how many actions would be filed resulting from the various changes that this measure would make, it generally costs about $1,000 to operate a courtroom for one hour. Consequently, if reforms proposed by this bill lead to the filing of cases that, combined, take 50 or more hours of court involvement, the cost pressures of this measure to the courts would be significant. While the superior courts are not funded on a workload basis, an increase in workload could result in delayed court services and pressure to fund additional staff and resources. The Budget Act of 2024, for the fiscal year beginning July 1, 2024, includes a $97 million reduction to the trial courts, a commensurate reduction of up to 7.95 percent to the budget for the state-level judiciary, and a reduction of the trial court state-level emergency reserve in the Trial Court Trust Fund from $10 million to $5 million. The Budget Act also includes a $37.3 million General Fund backfill for the Trial Court Trust Fund to address the continued decline in civil fee and criminal fine and penalty revenues expected in fiscal year 2024‒25.
Background:
Existing law provides a number of circumstance-specific restraining orders intended to help a person who requests protection from a person who has made credible threats against them. A restraining order typically starts as a temporary restraining order. If a temporary restraining order has been granted, a hearing must be held within 21 days for the judge to decide whether to extend the restraining order further. A willful violation of a restraining order is a misdemeanor punishable by imprisonment in county jail. In California, there are gun violence restraining orders, domestic violence restraining orders, workplace violence restraining orders, and, pertinent to this bill, school violence restraining orders. Currently, the administrator of a private postsecondary college or university in California may obtain a protective order on behalf of a student to protect them against a credible threat of violence made off campus that could be reasonably construed to be a threat that would be carried out on the school campus.
Proposed Law:
This bill authorizes a public postsecondary educational institution to seek a temporary restraining order or an injunction on behalf of a student. Specifically, this bill:
- Redefines “postsecondary educational institution” to eliminate reference to “private,” thereby expanding the definition to include all (public and private) institutions of vocational, professional, or postsecondary education;
- Expands the reason to seek a restraining order or an injunction to also include when a student has suffered unlawful violence;
- Strikes the condition that the threat occur off the school campus that anyone can reasonably construe to be carried out at the school campus; and,
- Otherwise mirrors existing law relative to the authority for private postsecondary educational institutions to seek a temporary restraining order and an order after hearing on behalf of a student.
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Josh Newman, Chair
2023 - 2024 Regular
Bill No: Hearing Date: July 3, 2024
Author: | Petrie-Norris | ||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: .
SUMMARY
This bill authorizes a public postsecondary educational institution to seek a temporary restraining order or an injunction on behalf of a student, as specified.
BACKGROUND
Existing law:
- Authorizes a chief administrative officer of a private postsecondary education institution or an officer/employee who has been designated to maintain order on the school campus or facility, to seek a temporary restraining order or an injunction on behalf of a student and, at the discretion of the court, any number of other students at the campus or facility who are similarly situated. (Code of Civil Procedure (CCP) § 527.85)
- Provides that a temporary restraining order or an injunction may be sought for a private postsecondary education institution student who has received a credible threat of violence off-campus that could be reasonably construed to be carried out on campus, and who provides written consent for the temporary restraining order or injunction to be sought. (CCP § 527.85)
- Defines the following for purposes of clarifying who can seek a temporary restraining order or injunction on behalf of a student at a private postsecondary education institution:
- “Chief administrative officer” means the principal, president, or highest ranking official of the private postsecondary educational institution.
- “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including any of the following:
- Following or stalking a student to or from school.
- Entering the school campus or facility.
- Following a student during school hours.
- Making telephone calls to a student.
- Sending correspondence to a student by any means.
- Following or stalking a student to or from school.
- “Credible threat of violence” means a knowing and willful statement or course of conduct that would place a reasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves no legitimate purpose.
- “Petitioner” means the chief administrative officer or their designee who petitions for a temporary restraining order or an injunction.
- “Postsecondary education institution” means a private institution of vocational, professional, or postsecondary education.
- “Respondent” means the person against whom the temporary restraining order and “order after hearing” are sought and, if the petition is granted, the restrained person.
- “Student” means an adult currently enrolled in or applying for admission to a private postsecondary education institution.
- “Temporary restraining order” and “order after hearing” means orders that include any of the following restraining orders, whether issued ex parte, or after notice and hearing:
- An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the student.
- An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in (i) above.
- An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the student.
- “Unlawful Violence” means any assault or battery, or stalking, but shall not include lawful acts of self-defense or defense of others. (CCP § 527.85)
- “Chief administrative officer” means the principal, president, or highest ranking official of the private postsecondary educational institution.
- Specifies that these provisions do not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, or otherwise protected by existing law. (CCP § 527.85)
- Authorizes, at the discretion of the court, a temporary restraining order or order after hearing to include other named family or household members of the student, or other students at the campus or facility.
- Sets forth the terms and conditions by which a restraining order or injunction sought by the chief administrator of a private postsecondary education instruction may be considered by the court including reference for how the respondent will be contacted, how the respondent may appeal the request, and the duration of the injunction once granted by the court. (CCP § 527.85(e) – (x))
ANALYSIS
This bill authorizes a public postsecondary educational institution to seek a temporary restraining order or an injunction on behalf of a student. Specifically, this bill:
- Redefines “postsecondary educational institution” to eliminate reference to “private,” thereby expanding the definition to include all (public and private) institutions of vocational, professional, or postsecondary education.
- Expands the reason to seek a restraining order or an injunction to also include when a student has suffered unlawful violence.
- Strikes the condition that the threat occur off the school campus that anyone can reasonably construe to be carried out at the school campus.
- Otherwise mirrors existing law relative to the authority for private postsecondary educational institutions to seek a temporary restraining order and an order after hearing on behalf of a student.
STAFF COMMENTS
- Need for the bill. According to the author, “AB 2096 will better protect students, faculty, and staff at California’s many public postsecondary institutions by expanding the eligible use of School Violence Restraining Orders (SVROs).
“SVROs were originally established in California in 2009 out of a situation at a private, postsecondary institution where, although a student had made threats of violence, a general restraining order to protect everyone on campus was unavailable because restraining orders are generally limited to protecting specific, named individuals. An SVRO allows an official of the postsecondary institution to seek and receive, first, a temporary restraining order against an individual and, later, a longer-lasting order against an individual who has made threats against a student, teacher, or the campus at large. This type of restraining order may only be granted if the threat of violence is for an act that would likely take place on the school’s campus. These orders prohibit the restrained party from having firearms and ammunition while the order is in place and can include the threatened student’s family and household members as protected parties.
“Unfortunately, students and staff at public, postsecondary institutions in California cannot currently utilize this remedy. All they can do under current law is ask for their Chief Administrative Officer to notify the threatening person that they are not welcome on campus or rely on law enforcement and criminal remedies, including trespassing and disorderly conduct offenses, which are misdemeanor offenses, and neither are firearm prohibiting.” - Parity with private postsecondary educational institutions. This bill provides parity between private and public postsecondary educational institutions by extending the ability to protect students through temporary restraining orders. As noted in the Assembly Higher Education Committee analysis, while each of the public higher education segments have a plan to address threats on campus, there is no formal procedure for how to address threats off-campus that could result in a threat on campus. This bill establishes an avenue by which a campus of a public postsecondary institution could seek a temporary restraining order or an injunction on behalf of a student who has received a threat of violence in order to protect the student on-campus and the greater campus community.
- Fiscal impact. According to the Assembly Appropriations Committee:
- This bill would impose cost pressures (Trial Court Trust Fund, General Fund) of an unknown but potentially significant amount to the courts to hear and adjudicate additional applications for restraining orders and misdemeanor violations of those orders. Actual costs will depend on the number of orders sought and the number of violations prosecuted. It generally costs about $1,000 to operate a courtroom for one hour. This bill allows California's approximately 150 public higher education institutions to seek school violence restraining orders. If orders sought by these institutions and related misdemeanor cases take 150 or more hours of court involvement statewide, cost pressures would exceed that committee's suspense threshold.
- Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund. The Governor's 2024-25 budget proposes $83.1 million ongoing from the General Fund to backfill declining revenue to the Trial Court Trust Fund. According to the Legislative Analyst's Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
- This bill would impose cost pressures (Trial Court Trust Fund, General Fund) of an unknown but potentially significant amount to the courts to hear and adjudicate additional applications for restraining orders and misdemeanor violations of those orders. Actual costs will depend on the number of orders sought and the number of violations prosecuted. It generally costs about $1,000 to operate a courtroom for one hour. This bill allows California's approximately 150 public higher education institutions to seek school violence restraining orders. If orders sought by these institutions and related misdemeanor cases take 150 or more hours of court involvement statewide, cost pressures would exceed that committee's suspense threshold.
SUPPORT
American Association of University Women - California
Consumer Protection Policy Center, University of San Diego School of Law
OPPOSITION
None received
-- END --
Senator Thomas Umberg, Chair
2023-2024 Regular Session
Bill No: AB 2096 (Author:Petrie-Norris)
Version: May 16, 2024
Hearing Date: June 11, 2024
Fiscal: Yes
Urgency: No
Consultant: AWM
SUBJECT
Restraining orders: educational institutions
DIGEST
This bill, for purposes of allowing a postsecondary educational institution’s chief administrative officer to obtain a temporary restraining order or order after hearing on behalf of a student, expands the definition of “postsecondary educational institution” to include public institutions.
EXECUTIVE SUMMARY
In 2009, the Legislature enacted SB 188 (Runner, Ch. 566, Stats. 2009), which allowed the chief executive officer of a private postsecondary educational institution to seek a protective order---including a temporary restraining order or an order after hearing—on behalf of a student who has experienced an off-campus threat of on-campus violence. The bill originated from a school at which a former student was harassing current students; the school was told that there was no way for the school to obtain a protective order for the campus as a whole, and that it instead would have to seek 375 separate protective orders to prevent the former student from entering the campus. The bill was modeled after existing provisions allowing an employer to seek a protective order on behalf of an employee who suffered a credible threat of violence that could be construed to be carried out at the workplace.
This bill extends the protective order authority granted to private postsecondary educational institutions in SB 188 to public postsecondary educational institutions, effective January 1, 2026. This bill would, therefore, grant the same protections for students at a public postsecondary educational institution that are currently available to students at private postsecondary educational institutions.
This bill is sponsored by the author and is supported by the American Association of University Women of California and the Consumer Protection Policy Center at the Center for Public Interest Law. The Committee has not received timely opposition to this bill. If this Committee passes this bill, it will then be heard by the Senate Education Committee.
PROPOSED CHANGES TO THE LAW
Existing law:
- Defines the following relevant terms:
- “Chief administrative officer” means the principal, president, or highest-ranking official of a postsecondary educational institution.
- “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including (1) following or stalking to or from school; (2) entering the school campus or facility; (3) following a student during school hours; (4) making telephone calls to a student; and (5) sending correspondence to a student by any means.
- “Credible threat of violence” means a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
- “Petitioner” means the chief administrative officer, or their designee, who files a petition under 2).
- “Postsecondary educational institution” means a private institution of vocational, professional, or postsecondary education.
- “Student” means an adult currently enrolled in or applying for admission to a postsecondary educational institution.
- “Temporary restraining order” and “order after hearing” mean orders that include any of the following restraining orders, whether issued ex parte, or after notice and hearing:
- An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including making annoying telephones as defined, destroying personal property, contacting (directly or indirectly), or coming within a specified distance of, or disturbing the peace of, the student.
- An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in (g)(i).
- “Unlawful violence” means any assault or battery, or stalking as defined, but does not include lawful acts of self-defense or defense of others. (Code Civ. Proc., § 527.85(b).)
- Permits a chief executive officer of a postsecondary educational institution, or an officer or employee designated by the chief executive officer, to seek a temporary restraining order and an order after hearing on behalf of the student, as follows:
- The student must have suffered a credible threat of violence made off the school campus or facility from any individual which can reasonably be construed to be carried out or to have been carried out at the school campus or facility.
- The chief executive officer or their designee must obtain the written consent of the student.
- The chief executive officer or their designee may, at the discretion of the court, seek a temporary order or order after hearing on behalf of any other students at the campus or facility who are similarly situated.
- The court may not issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected.
- In the discretion of the court, for good cause shown, a temporary restraining order or order after hearing may include other named family or household members of the student, or other students at the campus or facility. (Code Civ. Proc., § 527.85(a), (c), (d).)
- Establishes procedures and timelines for obtaining a temporary restraining order or order after hearing under 2), as follows:
- After filing a petition, a petitioner may obtain a temporary restraining order if they file a declaration that, to the satisfaction of the court, shows reasonable proof that a student has suffered a credible threat of violence made off the school or campus by the respondent, and that great or irreparable harm would result to the student.
- A request for the issuance of a temporary restraining order without notice shall be granted or denied the same day the petition is submitted, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business.
- A temporary restraining order shall remain in effect, at the court’s discretion, for a period not to exceed 21 days, or for 25 days upon a showing of good cause, unless otherwise modified or terminated by the court.
- The respondent must be personally served with a copy of the petition, temporary restraining order (if any), and notice of the hearing; service must be made at least five days before the hearing, unless the court shortens the notice period for good cause.
- Within 21 (or 25) days from the date that the temporary order is granted or denied, the court shall hold a hearing on the petition; if no temporary order was requested, the court shall hold the hearing 21 (or 25) days from when the petition was filed.
- The respondent may file a response that explains, excuses, justifies, or denies the alleged credible threats of violence.
- The respondent is entitled to one continuance for a reasonable period to respond to the petition, and the court may grant a continuance upon the request of either party, or on its own motion, for good cause. If the hearing is continued, a temporary restraining order that has been granted shall remain in effect until the hearing unless the court provides otherwise.
- At the hearing, the judge shall receive any relevant testimony and may make an independent inquiry.
- If the judge finds, by clear and convincing evidence, that the respondent made a credible threat of violence off the school campus or facility, the order shall issue prohibiting further threats of violence.
- An order may have a duration of not more than three years, subject to termination or modification by further order or stipulation of the parties, and may be renewed, upon the request of a party, for a duration of not more than three years. (Code Civ. Proc., § 527.85(e)-(k), (m), (o), (p).)
- Provides that a person who is subject to a protective order issued under 3) shall not own, possess, receive, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
- The court shall order a person subject to a protective order to relinquish any firearms or ammunition they own or possess pursuant to the provisions set forth in Code of Civil Procedure section 527.9.
- Any person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm or ammunition while the protective order is in effect is punishable pursuant to Penal Code section 29825.
- Provides that nothing in 2)-4) prevents either party from representation by private counsel or from appearing on their own behalf. (Code Civ. Proc., § 527.85(l).)
This bill:
- Amends, effective January 1, 2026, the definition of “postsecondary educational institution” to include public institutions of vocational, professional, or postsecondary education.
- Makes nonsubstantive technical and conforming changes.
COMMENTS
- Author’s comment
According to the author:
AB 2096 will better protect students, faculty, and staff at California’s many public postsecondary institutions by expanding the eligible use of School Violence Restraining Orders (SVROs).
SVROs were originally established in California in 2009 out of a situation at a private, postsecondary institution where, although a student had made threats of violence, a general restraining order to protect everyone on campus was unavailable because restraining orders are generally limited to protecting specific, named individuals. An SVRO allows an official of the postsecondary institution to seek and receive, first, a temporary restraining order against an individual and, later, a longer-lasting order against an individual who has made threats against a student, teacher, or the campus at large. This type of restraining order may only be granted if the threat of violence is for an act that would likely take place on the school’s campus. These orders prohibit the restrained party from having firearms and ammunition while the order is in place and can include the threatened student’s family and household members as protected parties.
Unfortunately, students and staff at public, postsecondary institutions in California cannot currently utilize this remedy. All they can do under current law is ask for their Chief Administrative Officer to notify the threatening person that they are not welcome on campus or rely on law enforcement and criminal remedies, including trespassing and disorderly conduct offenses, which are misdemeanor offenses, and neither are firearm prohibiting.
2. Current law allows the chief administrative officer of a private school to seek a protective order on behalf of a student when certain conditions are met
In 2009, the Legislature enacted SB 188 (Runner, Ch. 566, Stats. 2009), which allowed the chief executive officer of a private postsecondary educational institution to seek a protective order---including a temporary restraining order or an order after hearing—on behalf of a student who has experienced an off-campus threat of on-campus violence.[1] The bill originated from a school at which a former student was harassing current students; the school was told that there was no way for the school to obtain a protective order for the campus as a whole, and that it instead would have to seek 375 separate protective orders to prevent the former student from entering the campus.[2] The bill was modeled after existing provisions allowing an employer to seek a protective order on behalf of an employee who suffered a credible threat of violence that could be construed to be carried out at the workplace.[3]
The protective order provision established in SB 188 is more limited in scope than protective order regimes that allow the victim themselves to seek an order. A chief executive officer may file a petition on behalf of a student only if the student suffered a credible threat of violence made off-campus and the threat can be reasonably construed to be carried out, or to have been carried out, on campus.[4] In other words, an officer cannot seek a protective order on behalf of a student for any harassment the student might be suffering; the officer is limited to seeking a protective order in response to a credible threat of violence that could occur on the campus or facility. Additionally, an officer may not seek an order on behalf of an unwilling student—the officer must obtain the written consent of the student before seeking a protective order.[5]
The procedure for obtaining a protective order under this provision is also slightly more permissive towards the respondent than, say, the Domestic Violence Prevention Act (DVPA). A respondent may obtain a continuance of the hearing for a reasonable time to respond to the petition as a matter of course.[6] A protective order issued after hearing may run for only three years initially, rather than the five years permitted under the DVPA.[7] The scope of a protective order, however, is similar to those permitted under other regimes; a respondent may be prohibited from engaging in a range of activity to harass or intimidate the subject of the order, and, consistent with other protective order regimes, a respondent is prohibited from possessing firearms or ammunition for the duration of the order.[8]
Finally, existing law is clear that a postsecondary institution is not required, and does not have a duty, to seek a protective order on behalf of a student or students.[9] Committee staff did not locate any cases suggesting that an institution has been sued for failing to seek such a protective order.
3. This bill allows the chief administrative officer of a public postsecondary institution, beginning January 1, 2026, to seek a protective order on behalf of a student
All of the protections discussed above in Part 2 are available only to administrators at private postsecondary institutions, not public ones. This bill removes that limitation, effective January 1, 2026. This bill would, therefore, grant the same protections for students at public postsecondary educational institutions that are currently available to students at private postsecondary educational institutions.
According to the American Association of University Women of California, writing in support of the bill:
This important measure will help ensure a safe and inclusive environment for those studying and working within our educational institutions. The safety and well-being of students and faculty members are pivotal to the overall success of any academic community. By granting chief administrative officers the authority to request temporary restraining orders and injunctions, AB 2096 authorizes critical assistance to those who live with threats or acts of violence and provides a necessary tool to help mitigate these threats.
AB 2096 will contribute significantly to a safe and secure educational environment and protect faculty and students who have endured violence or the threat of violence.
SUPPORT
American Association of University Women of California
Consumer Protection Policy Center at the Center for Public Interest Law
OPPOSITION
None received
RELATED LEGISLATION
Pending Legislation: SB 899 (Skinner, 2024) harmonizes the firearms and ammunition seizure provisions in various restraining order, protective order, and injunction regimes, including the provisions at issue in this bill. SB 899 is pending before the Assembly Public Safety Committee.
Prior Legislation:
AB 36 (Gabriel, 2023) would have prohibited, beginning July 1, 2024, a person subject to a protective order, including an educational protective order, from owning, possessing, purchasing, or receiving a firearm or ammunition within three years after the expiration of the order, and expanded the grounds on which a search warrant may be issued when a person is prohibited from owning a firearm and the person has failed to relinquish the firearm. AB 36 died in the Assembly Appropriations Committee.
AB 1081 (Quirk, Ch. 411, Stats. 2015) granted, as a matter of course, a respondent in an action for an educational protective order to one continuance, for a reasonable period, to respond to the petition, and clarified that the court could grant a request for a continuance by any party or on its own motion for good cause.
SB 188 (Runner, Ch. 566, Stats. 2009) implemented the protective order statute at issue in this bill. SB 188 is discussed in greater detail in Part 2 of this analysis.
PRIOR VOTES:
Assembly Floor (Ayes 74, Noes 0)
Assembly Appropriations Committee (Ayes 11, Noes 0)
Assembly Higher Education Committee (Ayes 11, Noes 0)
Assembly Judiciary Committee (Ayes 10, Noes 0)
**************
ASSEMBLY THIRD READING
ATR Bill Id:AB 2096
Author:(Petrie-Norris)
As Amended Ver:May 16, 2024
Majority vote
SUMMARY
Authorizes the administrator of a public postsecondary educational institution to seek a temporary restraining order and an injunction on behalf of a student who has suffered a credible threat of violence made off the school campus or facility to protect them from the threat of violence on the school campus.
Major Provisions
- Allows, as of January 1, 2026, a chief administrative officer of a public postsecondary institution, like an administrator of a private one, to seek and obtain a temporary restraining order and an injunction on behalf of a student under specified circumstances.
- Provides that forms promulgated by the Judicial Council are updated to reflect the provisions of 1).
COMMENTS
Since 2010, an administrator of a private postsecondary educational institution has been able to seek a temporary restraining order on behalf of a student at the institution who faces an off-campus threat so the student is protected from violence being carried out on campus. Existing law, however, does not allow an administrator of a public college or university to seek such an order. This bill would allow an administrator of a public college or university in to do so.
Protective Orders. The purpose of a protective order is to prevent future harm to the petitioner (the protected party) by ordering the respondent (the restrained party) to refrain from doing a particular act. Current law authorizes protective orders to be issued under a variety of circumstances to prevent various forms of harm, including civil harassment (Code of Civil Procedure (CCP) Section 527.6(d)); workplace violence (CCP Section 527.8(e)); elder or dependent adult abuse (Welfare and Institutions Code Section 15657.03(c)); domestic violence (Family Code Sections 241, 6220, 6300 et seq.); and juvenile abuse (Welfare and Institutions Code Section 213.5(e)). Most relevant to this bill, existing law provides that a court may issue a temporary restraining order for postsecondary education violence, as specified in CCP Section 527.85.
Depending on the type of order that is sought, a protective order may last days, weeks, years, or even permanently. In order to get immediate protection, a petitioner may seek a temporary restraining order (TRO). The TRO becomes effective upon receiving a judge's signature and being served on the respondent. TROs may be granted ex parte, without formal notice to, or presence of, the respondent and are issued or denied on the date of application, unless the application is filed too late to permit effective review. TROs generally expire after 21 days, or expire after the noticed motion to extend the order.
Campus protective orders. As the result of SB 188 (Runner), Chap. 566, Stats. 2010, the administrator of a private postsecondary college or university in California has the ability to seek and obtain a protective order on behalf of a student or students at the college or university to protect them against a credible threat of violence made off campus that reasonably could be construed to be a threat that would be carried out on the school campus. According to the Judiciary Committee's analysis of SB 188, the need for the law became apparent after an incident at a private beauty college:
The author relates that the idea for this bill arises from an incident that occurred at an adult beauty institute in Lancaster, California. According to the author, the Western Beauty Institute (WBI) expelled a student who was making threats to other students and staff members. After being expelled, the [former] student proceeded to attack one of her classmates with a set of keys, inflicting a serious head injury. In response to this incident, the administrators of WBI asked the court for a restraining order but discovered that educational facilities are not covered by current law. Therefore, there is currently no mechanism to issue a blanket restraining order to protect all individuals on a campus at any given time.
As proposed to be amended, the bill is appropriately limited to the private postsecondary schools whose students are the subject of off-campus threats that are understood to be carried out on campus because law enforcement officials advise that these threats are not covered by existing criminal and civil protections, and excludes minors and public schools and where serious and countervailing constitutional, educational, parental, due-process and other important legal rights and concerns are implicated. (Assembly Committee on Judiciary, SB 188 (Runner), Date of Hearing September 10, 2009.)
This bill. By changing the definition of "postsecondary institution" to include a public postsecondary institution, this bill allows an administrator of a public college or university to seek a temporary restraining order and an injunction on behalf of a student. Thus, a student at such an institution who has suffered a credible threat of violence made off the school campus or facility would be protected by a court order against any individual who could reasonably be construed to pose a threat to a student that could be carried out at the school campus or facility. Recent amendments delay the effect of the bill until January 1, 2026 so that the Judicial Council can promulgate forms for courts to use in issuing orders that are authorized by the bill.
It is noteworthy that the law at issue in this bill, CCP Section 527.85 is intended to protect a student or students at the college or university against credible threats of violence made off the school campus, which can reasonably be construed to be a threat that could be carried out at the school campus. Other laws and policies appear to adequately provide colleges and universities, whether private or public, with tools to protect students from violence and threats of violence that occur on campus and posed by persons who are students at the college or university.
According to the Author
AB 2096 will better protect students, faculty, and staff at California's many public postsecondary institutions by expanding the eligible use of School Violence Restraining Orders (SVROs). . . .
Unfortunately, students and staff at public, postsecondary institutions in California cannot currently utilize this remedy. All they can do under current law is ask for their Chief Administrative Officer to notify the threatening person that they are not welcome on campus or rely on law enforcement and criminal remedies, including trespassing and disorderly conduct offenses, which are misdemeanor offenses, and neither are firearm prohibiting.
AB 2096 simply proposes to extend this protection in current law to all postsecondary institutions in California, so that students and faculty can access all available remedies to keep them safe.
Arguments in Support
The Consumer Protection Policy Center based at the University of San Diego School of Law and Giffords both write the following in support of the bill:
School Violence Restraining Orders were established due to a situation at a private, postsecondary institution where, although a student had made threats of violence, a general restraining order to protect everyone on campus was unavailable because restraining orders are generally limited to protecting specific, named individuals.
AB 2096 helps protect all students at public postsecondary institutions by allowing the appropriate administrator to seek a civil, firearm, and ammunition-prohibiting restraining order from those who have made credible threats of harm. This will increase safety, reduce dangerous situations, and ultimately make our schools safer.
Arguments in Opposition
No opposition on file.
FISCAL COMMENTS
According to the Assembly Appropriations analysis, cost pressures (Trial Court Trust Fund, General Fund) of an unknown but potentially significant amount to the courts to hear and adjudicate additional applications for restraining orders and misdemeanor violations of those orders. Actual costs will depend on the number of orders sought and the number of violations prosecuted. It generally costs about $1,000 to operate a courtroom for one hour. This bill allows California's approximately 150 public higher education institutions to seek school violence restraining orders. If orders sought by these institutions and related misdemeanor cases take 150 or more hours of court involvement statewide, cost pressures would exceed this committee's suspense threshold.
Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund. The Governor's 2024-25 budget proposes $83.1 million ongoing from the General Fund to backfill declining revenue to the Trial Court Trust Fund. According to the Legislative Analyst's Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
VOTES
ASM JUDICIARY: 10-0-2
YES: Kalra, Dixon, Bauer-Kahan, Bryan, Connolly, Maienschein, McKinnor, Pacheco, Reyes, Sanchez
ABS, ABST OR NV: Haney, Waldron
ASM HIGHER EDUCATION: 11-0-0
YES: Mike Fong, Ta, Arambula, Boerner, Chen, Essayli, Irwin, Jackson, Low, Muratsuchi, Quirk-Silva
ASM APPROPRIATIONS: 11-0-4
YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua
ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta
UPDATED
VERSION: May 16, 2024
CONSULTANT: Alison Merrilees / JUD. / (916) 319-2334 FN: 0003260
Date of Hearing: April 17, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 2096
Author:(Petrie-Norris) – As Introduced Ver:February 5, 2024
Policy Committee: | Judiciary | Vote: | 10 - 0 |
Higher Education | 11 - 0 | ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill allows the administrator of a public postsecondary educational institution to seek a school violence restraining order and injunction on behalf of a student who has suffered a credible threat of violence.
FISCAL EFFECT:
Cost pressures (Trial Court Trust Fund, General Fund) of an unknown but potentially significant amount to the courts to hear and adjudicate additional applications for restraining orders and misdemeanor violations of those orders. Actual costs will depend on the number of orders sought and the number of violations prosecuted. It generally costs about $1,000 to operate a courtroom for one hour. This bill allows California’s approximately 150 public higher education institutions to seek school violence restraining orders. If orders sought by these institutions and related misdemeanor cases take 150 or more hours of court involvement statewide, cost pressures would exceed this committee’s suspense threshold.
Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund. The Governor’s 2024-25 budget proposes $83.1 million ongoing from the General Fund to backfill declining revenue to the Trial Court Trust Fund. According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
COMMENTS:
- Purpose. According to the author:
AB 2096 will better protect students, faculty, and staff at California’s many public postsecondary institutions by expanding the eligible use of School Violence Restraining Orders (SVROs). . . .Unfortunately, students and staff at public, postsecondary institutions in California cannot currently utilize this remedy. All they can do under current law is ask for their Chief Administrative Officer to notify the threatening person that they are not welcome on campus or rely on law enforcement and criminal remedies, including trespassing and disorderly conduct offenses, which are misdemeanor offenses, and neither are firearm prohibiting.
- Background. Existing law provides a number of circumstance-specific restraining orders intended to help a person who requests protection from a person who has made credible threats against them. A restraining order typically starts as a temporary restraining order. If a temporary restraining order has been granted, a hearing must be held within 21 days for the judge to decide whether to extend the restraining order further. A willful violation of a restraining order is a misdemeanor punishable by imprisonment in county jail. In California, there are gun violence restraining orders, domestic violence restraining orders, workplace violence restraining orders, and, pertinent to this bill, school violence restraining orders. Currently, the administrator of a private postsecondary college or university in California may obtain a protective order on behalf of a student to protect them against a credible threat of violence made off campus that could be reasonably construed to be a threat that would be carried out on the school campus.
This bill expands the applicable definition of “postsecondary educational institution” to also include public institutions. As a result, the bill authorizes an administrator at a public college or university in California to seek and obtain a school violence restraining order to protect a student.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: April 9, 2024
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Mike Fong, Chair
ABPCA Bill Id:AB 2096 (
Author:Petrie-Norris) – As Introduced Ver:February 5, 2024
SUBJECT: Restraining orders: educational institutions
SUMMARY: Expands the authorization to public postsecondary education institutions for a chief administrative officer (CAO) of a postsecondary education institution to seek a temporary restraining order or an injunction on behalf of a student, who has experienced a credible threat to their safety made off campus, in order to protect the student from an escalation of violence on campus. Specifically, this bill:
- Strikes “private” from the definition of the “Postsecondary Education Institution.” Expands the definition of “Postsecondary Education Institutions” to order to provide CAOs of institutions of vocational, profession, or postsecondary education in the State of California the opportunity to seek temporary restraining orders or injunctions on behalf of students who have received threats of violence off campus in order to protect the students from an escalation of violence on campus.
- Makes technical changes and nonsubstative changes to the Code of Civil Procedures.
EXISTING LAW:
- Permits a chief administrative officer of a postsecondary education institution or their designee to seek a temporary restraining order or an injunction on behalf of a student if the following has occurred:
- A student has received a credible threat off-campus that could be reasonable construed to be carried out on campus; and,
- The student has provided written consent (Code of Civil Procedure (CCP) 527.85, subdivision (a)).
- Defines the following for purposes of clarifying who can seek a temporary restraining order or injunction on behalf of a student at a postsecondary education institution:
- “CAO” means the principal, president, or highest ranking official of the postsecondary educational institution;
- “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose and can include: following or stalking a student to or from school, entering the school campus, following a student during school hours, making telephone calls to a student, and sending correspondence to a student by any means;
- “Petitioner” means the chief administrative officer or their designee who petitions for a temporary restraining order or an injunction;
- “Postsecondary education institution” means a private institution of vocational, professional, or postsecondary education;
- “Respondent” means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person;
- “Student” means an adult currently enrolled in or applying of admission to a postsecondary education institution;
- Temporary restraining order” and “order after hearing” means orders that include defined terms that restrict the respondent from contact with the student, as defined; and,
- “Unlawful Violence” means any assault or battery, or stalking that is prohibited by Penal Code Section 646.9, but shall not include lawful acts of self-defense or defense of others (CCP Section 527.85, subdivision (b)).
- Sets forth the terms and conditions by which a restraining order or injunction sought by the chief administrator of a postsecondary education instruction may be considered by the court including reference for how the respondent will be contacted, how the respondent may appeal the request, and the duration of the injunction once granted by the court (CCP Section 527.78 subdivision (c) – (x)).
- Enacts the “Kristen Smart Campus Safety Act of 1998” which requires the governing boards of California Community Colleges (CCC), the California State University (CSU), and the University of California (UC) to adopt rules requiring each of their campuses to enter into a written agreement with local law enforcement clarifying the responsibility of investigations for Part 1 violent crimes, sexual assaults, and hate crimes that occur on campus (Education Code Section 67381).
FISCAL EFFECT: Unknown
COMMENTS: Committee Staff note this measure was heard in the Assembly Judiciary Committee on March 12, 2024 and was a consent item, with a vote of 10 - 0. Please refer to the Committee’s analysis of the measure for a full discussion of the bill as it pertains to the jurisdiction of the Judiciary Committee.
Need for the measure. As depicted by the author, “AB 2096 will better protect students, faculty, and staff at California’s many public postsecondary institutions by expanding the eligible use of School Violence Restraining Orders (SVROs). SVROs were originally established in California in 2009 out of a situation at a private, postsecondary institution where, although a student had made threats of violence, a general restraining order to protect everyone on campus was unavailable because restraining orders are generally limited to protecting specific, named individuals. An SVRO allows an official of the postsecondary institution to seek and receive, first, a temporary restraining order against an individual and, later, a longer-lasting order against an individual who has made threats against a student, teacher, or the campus at large. This type of restraining order may only be granted if the threat of violence is for an act that would likely take place on the school's campus. These orders prohibit the restrained party from having firearms and ammunition while the order is in place and can include the threatened student’s family and household members as protected parties.”
Additionally the author contents the need for the measure as, “unfortunately, students and staff at public, postsecondary institutions in California cannot currently utilize the remedy enumerated above. All they can do under current law is ask for their Chief Administrative Officer to notify the threatening person that they are not welcome on campus or rely on law enforcement and criminal remedies, including trespassing and disorderly conduct offenses, which are misdemeanor offenses, and neither are firearm prohibiting. AB 2096 simply proposes to extend this protection in current law to all postsecondary institutions in California, so that students and faculty can access all available remedies to keep them safe.”
AB 2096 (Petrie-Norris) provides parity between private and public higher education institutions in California by extending a tool used by private higher education institutions since 2010 to protect students on campus from threats of violence that occur off-campus. This measure would authorize the chief executive officers of CCC campuses, the presidents of CSU campuses and the chancellors of UC campuses with the authority to seek temporary restraining orders or injunctions on behalf of students who have had a threat of violence that occurred off-campus.
Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998 and the Title IX of the Education Amendments of 1972. Colleges and universities have an obligation to safe and supportive educational environments for all students. According to the American Council on Education, the Federal Government has focused on campus safety through two laws: the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) and the Title IX of the Education Amendments of 1972 (Title IX).
The Clery Act was enacted in 1990 to address security failings that lead to the death of a 19 year old who was murder in her campus residence hall in 1986. Jeanne Clery’s parents had publicly stated that if they had known that the university their daughter intended to attend had 38 violent crimes in three years, they would never have allowed her to attend. The Clery Act requires postsecondary institutions, who receive federal funding, to do the following:
- Produce an annual security report to current and prospective students and employees;
- Maintain a security log of all crimes reported to the institution’s police department or security office within the last 60 days;
- Provide warnings of crimes that represent a threat to the safety of students and employees; and,
- Maintain eight years of crime statistics that occur on campus, in residential facilities and on public property near the campus.
The crimes which are reported as part of the Clery Act include murder, sex offense, robbery, aggravated assault, burglary, motor vehicle theft, arson, liquor law violations, drug-related violations, weapon possession, and hate crimes. The U.S. Department of Education monitors compliance with the Clery Act and has fined institutions in the past for their noncompliance with the laws. In September 2020, the University of California, Berkeley was fined $2.35 million by the Department of Education, as it was found the UC campus has failed to comply with the Clery Act by misclassifying incidents and failing to issue emergency notifications in two incidents that occurred on campus in 2013 and 2017.
Established in 1972, Title IX protects students who elect to participate in education programs from experiencing discrimination based on their sex. The U.S. Department of Education confirmed in June 2021, that Title IX protections extend to protect students from discrimination based on sexual orientation and discrimination against gender identity.
Title IX requires each postsecondary education institution who receives federal funding to have a Title IX coordinator and adhere to procedures for the adjudication of complaints of sex-based harassment. According to the Office for Civil Rights at the U.S. Department of Health and Human Services sex-based harassment or gender-based harassment which can be reported under Title IX reporting requirements include:
- Sexual Harassment – unwelcomed conduct of a sexual nature; including, unwelcomed sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature; and,
- Sexual Violence – physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent; including, rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.
Once a violation occurs, and the survivor elects to inform the Title IX coordinator an investigation process will commence leading to a finding of whether or not the discrimination occurred. The due process procedures established by Title IX are to provide to restore educational equity for the complainant and if necessary corrective disciplinary sanctions to the respondent.
If a postsecondary education institution does adhere to Title IX, the U.S. Justice Department Civil Rights Division, will investigate the institution and either withhold federal funding or seek judicial intervention if the institution is found to have violated students’ rights under Title IX.
In September 2021, the Justice Department (department) reached a $1.6 million agreement to remedy Title IX violations at San José State University (SJSU). The department determined SJSU had failed for more than a decade to adequately respond to complaints of sexual harassment, including sexual assault, of female student-athletes by an athlete trainer. The department also found that SJSU retaliated against two SJSU employees who attempted to inform the campus of the trainer’s behavior. In addition to providing financial relief to the survivors, SJSU will be required to make systemic changes to the Title IX office on campus. As a result of the settlement and disclosure of the improper activity on campus, the President of SJSU resigned in October of 2021.
An important distinction of Title IX and the Clery Act is both laws governing specific crimes or threats that occur on campus or near campus (in the case of Clery Act). Neither address the course of action a postsecondary institution should undertake if informed of a threat of violence against a student that occurred off-campus. AB 2096 (Petrie-Norris) seeks to remedy an existing loophole in the Federal laws governing the safety procedures on campus.
Campus safety on public higher education campuses. The Education Code has a section dedicated to student safety, EDC sections 67380 – 67386. Contained within those sections is the Kirsten Smart Campus Safety Act of 1998, which requires campuses to have an agreement with local law enforcement on how investigations into violent crimes, sexual assaults, and hate crimes will occur on campus. Unless the “threat” is a threat of sexual assault or a hate crime, the chapter on Student Safety is mute on how threats on-campus are to be handled.
The California Code of Regulations (CCR) for the CCC contains requirements for a “Public Safety Compact” to be developed by a community college and stakeholders including campus police, on how to deliver public-safety related services on campus. The regulations specifically state, “public safety services must adhere to principles of diversity, equity, and inclusion, and accessibility, and in particular advance access to education, educational equity, and opportunities for student success by creating safe, secure, peaceful, and inclusive campus environments in which all persons may fully develop their individual potential without fear or undue risk of physical or emotional harm” (CCR 59700). A cursory review of community college districts found most districts refer students to either campus or local police if a threat is made on campus.
The CSU has a zero tolerance policy with regard to violence or threats of violence on campus. The CSU is committed to protecting every member of the campus community and perceives any threat of violence as an infringement on their desire to maintain an educational environment free from violence. Every person is encouraged to report any threats of on-campus violence to the campus police or security, who will then either investigate the threat or in accordance with their agreement with local law enforcement, pass off the threat to the local authorities.
The UC Community Safety Plan specifically states that, “students, faculty, staff, patients and visitors must be secure on our campuses and confident that the University is a supportive environment that is responsive to their needs. The Community Safety Plan creates a structure for achieving that goal. It calls for transforming UC’s culture, policies and practices to ensure that all members of the community feel welcomed, respected and protected from harm.” Each UC campus has campus police who each respond to threats made on-campus.
While each of the public higher education segments have a plan to address threats on campus, there is no formal procedure for how to address threats off-campus that could result in a threat on campus. AB 2096 (Petrie-Norris) establishes an avenue by which a campus could seek a temporary restraining order or an injunction on behalf of a student who has received a threat of violence off-campus in order to protect the student on-campus and the greater campus community.
Arguments in support. Giffords elevates the need for AB 2096 (Petrie-Norris) as, “School Violence Restraining Orders were established due to a situation at a private, postsecondary institution where, although a student had made threats of violence, a general restraining order to protect everyone on campus was unavailable because restraining orders are generally limited to protecting specific named individuals. This restraining order prohibits restrained parties from having firearms and ammunition while the order is in place and can include the threatened student’s family and household members as protected parties. Unfortunately, this remedy is currently limited to private, postsecondary universities, and thus not currently available for campuses and students as a whole at public postsecondary institutions. AB 2096 helps protect all students at public postsecondary institutions by allowing them to seek a civil, firearm, and ammunition-prohibiting restraining order from those who have made credible threats of harm.”
REGISTERED SUPPORT / OPPOSITION:
Support
Consumer Protection Policy Center/USD School of Law
Giffords
Opposition
None on file.
Analysis Prepared by: Ellen Cesaretti-Monroy / HIGHER ED. / (916) 319-3960
Date of Hearing: March 12, 2024
ASSEMBLY COMMITTEE ON JUDICIARY
Ash Kalra, Chair
ABPCA Bill Id:AB 2096
Author:(Petrie-Norris) – As Introduced Ver:February 5, 2024
PROPOSED CONSENT
SUBJECT: Restraining orders: educational institutions
KEY ISSUE: Should a public postsecondary educational institution, like a private postsecondary educational institution, be able to seek a temporary restraining order to protect a student from violence that could occur on campus?
SYNOPSIS
The purpose of a protective order is to prevent future harm to the petitioner (the protected party) by ordering the respondent (the restrained party) to refrain from doing a particular act. Current law authorizes protective orders to be issued under a variety of circumstances to prevent various forms of harm, including civil harassment (Section 527.6(d)); workplace violence (Section 527.8(e)); elder or dependent adult abuse (Welfare and Institutions Code Section 15657.03(c)); domestic violence (Family Code Sections 241, 6220, 6300 et seq.); and juvenile abuse (Welfare and Institutions Code Section 213.5(e)). Most relevant to this bill, existing law provides that a court may issue a temporary restraining order for postsecondary education violence, as specified in Section 527.85.
Since 2010, an administrator of a private postsecondary educational institution has been able to seek a temporary restraining order on behalf of a student at the institution who faces an off-campus threat so the student is protected from violence being carried out on campus. Existing law, however, does not allow an administrator of a public college or university to seek such an order. This author-sponsored bill would allow an administrator of a public college or university to do so.
By changing the definition of “postsecondary institution” to include a public postsecondary institution, this bill allows an administrator of a public college or university to seek a temporary restraining order and an injunction on behalf of a student. Thus, a student at such an institution who has suffered a credible threat of violence made off the school campus or facility can be protected by a court order against any individual which can reasonably be construed to be carried out or to have been carried out at the school campus or facility. The bill is supported by the Consumer Protection Policy Center at USD School of Law and Giffords and has no opposition on file. Should it be approved by the Committee, the bill will be referred to the Assembly Committee on Higher Education.
SUMMARY: Authorizes the administrator of a public postsecondary educational institution to seek a temporary restraining order and an injunction on behalf of a student who has suffered a credible threat of violence made off the school campus or facility to protect them from the threat of violence on the school campus. Specifically, this bill amends the definition of “Postsecondary educational institution” in Code of Civil Procedure (CCP) Section 527.85(b) to include a “public” institution of vocational, professional, or postsecondary education so that a chief administrative officer of such an institution, like an administrator of a private one, is authorized to seek and obtain a temporary restraining order and an injunction on behalf of a student under specified circumstances.
EXISTING LAW:
- Allows any chief administrative officer of a postsecondary educational institution, or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility, for a student of which has suffered a credible threat of violence made off the school campus or facility from any individual which can reasonably be construed to be carried out or to have been carried out at the school campus or facility, may, with the written consent of the student, seek a temporary restraining order and an order after hearing on behalf of the student and, at the discretion of the court, for any number of other students at the campus or facility who are similarly situated. (Code of Civil Procedure (CCP) Section 527.85 (a). All further statutory references are to this code, unless otherwise indicated.)
- Defines the following terms for purposes of the above:
- “Chief administrative officer” means the principal, president, or highest ranking official of the postsecondary educational institution.
- “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including specified acts.
- “Credible threat of violence” means a knowing and willful statement or course of conduct that would place a reasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves no legitimate purpose.
- “Petitioner” means the chief administrative officer, or his or her designee, who petitions under subdivision (a) for a temporary restraining order and order after hearing.
- “Postsecondary educational institution” means a private institution of vocational, professional, or postsecondary education.
- “Respondent” means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
- “Student” means an adult currently enrolled in or applying for admission to a postsecondary educational institution.
- “Temporary restraining order” and “order after hearing” mean orders that include any of the following restraining orders, whether issued ex parte, or after notice and hearing:
(i) An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, 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, or coming within a specified distance of, or disturbing the peace of, the student.
(ii) An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in (i).
- “Unlawful violence” means any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others. (Id., at (b).)
- Clarifies that the above does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, or otherwise protected by law. (Id., at (c).)
- Allows, in the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members of the student, or other students at the campus or facility. (Id., at (d).)
- Provides that a temporary restraining order granted under this section shall remain in effect, at the court’s discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court. (Id., at (g).)
- Specifies that within 21 days, or if good cause appears to the court, within 25 days, from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or if good cause appears to the court, 25 days, from the date the petition is filed. (Id., at (h).)
- Provides that at the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is a current student of the entity requesting the order, the judge shall receive evidence concerning the decision of the postsecondary educational institution decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent made a credible threat of violence off the school campus or facility, an order shall be issued prohibiting further threats of violence. (Id., at (j).)
- Provides that in the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party; and that the failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance. (Id., at (k).)
- Specifies requirements for service of a copy of the petition; order; and notice. (Id., at (m), (n).)
- Entitles the respondent, as a matter of course, to one continuance, for a reasonable period, to respond to the petition. (Id., at (o).)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: Since 2010, an administrator of a private postsecondary educational institution has been able to seek a temporary restraining order on behalf of a student at the institution who faces an off-campus threat so the student is protected from violence being carried out on campus. Existing law, however, does not allow an administrator of a public college or university to seek such an order. This bill would allow an administrator of a public college or university in to do so.
According to the author:
AB 2096 will better protect students, faculty, and staff at California’s many public postsecondary institutions by expanding the eligible use of School Violence Restraining Orders (SVROs). . . .
Unfortunately, students and staff at public, postsecondary institutions in California cannot currently utilize this remedy. All they can do under current law is ask for their Chief Administrative Officer to notify the threatening person that they are not welcome on campus or rely on law enforcement and criminal remedies, including trespassing and disorderly conduct offenses, which are misdemeanor offenses, and neither are firearm prohibiting.
AB 2096 simply proposes to extend this protection in current law to all postsecondary institutions in California, so that students and faculty can access all available remedies to keep them safe.
Protective Orders. The purpose of a protective order is to prevent future harm to the petitioner (the protected party) by ordering the respondent (the restrained party) to refrain from doing a particular act. Current law authorizes protective orders to be issued under a variety of circumstances to prevent various forms of harm, including civil harassment (Section 527.6(d)); workplace violence (Section 527.8(e)); elder or dependent adult abuse (Welfare and Institutions Code Section 15657.03(c)); domestic violence (Family Code Sections 241, 6220, 6300 et seq.); and juvenile abuse (Welfare and Institutions Code Section 213.5(e)). Most relevant to this bill, existing law provides that a court may issue a temporary restraining order for postsecondary education violence, as specified in Section 527.85.
Depending on the type of order that is sought, a protective order may last days, weeks, years, or even permanently. In order to get immediate protection, a petitioner may seek a temporary restraining order (TRO). The TRO becomes effective upon receiving a judge's signature and being served on the respondent. TROs may be granted ex parte, without formal notice to, or presence of, the respondent and are issued or denied on the date of application, unless the application is filed too late to permit effective review. TROs generally expire after 21 days, or expire after the noticed motion to extend the order.
Campus protective orders. As the result of SB 188 (Runner), Chap. 566, Stats. 2010, the administrator of a private postsecondary college or university in California has the ability to seek and obtain a protective order on behalf of a student or students at the college or university to protect them against a credible threat of violence made off campus that reasonably could be construed to be a threat that would be carried out on the school campus. According to this Committee’s analysis of SB 188, the need for the law became apparent after an incident at a private beauty college:
The author relates that the idea for this bill arises from an incident that occurred at an adult beauty institute in Lancaster, California. According to the author, the Western Beauty Institute (WBI) expelled a student who was making threats to other students and staff members. After being expelled, the [former] student proceeded to attack one of her classmates with a set of keys, inflicting a serious head injury. In response to this incident, the administrators of WBI asked the court for a restraining order but discovered that educational facilities are not covered by current law. Therefore, there is currently no mechanism to issue a blanket restraining order to protect all individuals on a campus at any given time.
As proposed to be amended, the bill is appropriately limited to the private postsecondary schools whose students are the subject of off-campus threats that are understood to be carried out on campus because law enforcement officials advise that these threats are not covered by existing criminal and civil protections, and excludes minors and public schools and where serious and countervailing constitutional, educational, parental, due-process and other important legal rights and concerns are implicated. (Assembly Committee on Judiciary, SB 188 (Runner), Date of Hearing September 10, 2009.)
This bill. By changing the definition of “postsecondary institution” to include a public postsecondary institution, this bill allows an administrator of a public college or university to seek a temporary restraining order and an injunction on behalf of a student. Thus, a student at such an institution who has suffered a credible threat of violence made off the school campus or facility would be protected by a court order against any individual who could reasonably be construed to pose a threat to a student that could be carried out at the school campus or facility.
It is noteworthy that the law at issue in this bill, Section 527.85 is intended to protect a student or students at the college or university against credible threats of violence made off the school campus, which can reasonably be construed to be a threat that could be carried out at the school campus. Other laws and policies appear to adequately provide colleges and universities, whether private or public, with tools to protect students from violence and threats of violence that occur on campus and posed by persons who are students at the college or university. However, such on-campus threats (and the legal tools to address them) are beyond the scope of this bill and outside the jurisdiction of this Committee. Should the bill be approved by this Committee, however, it will be referred to the Assembly Committee on Higher Education, which has jurisdiction over such issues.
ARGUMENTS IN SUPPORT: The Consumer Protection Policy Center based at the University of San Diego School of Law and Giffords both write the following in support of the bill:
School Violence Restraining Orders were established due to a situation at a private, postsecondary institution where, although a student had made threats of violence, a general restraining order to protect everyone on campus was unavailable because restraining orders are generally limited to protecting specific, named individuals.
. . .
AB 2096 helps protect all students at public postsecondary institutions by allowing the appropriate administrator to seek a civil, firearm, and ammunition-prohibiting restraining order from those who have made credible threats of harm. This will increase safety, reduce dangerous situations, and ultimately make our schools safer.
REGISTERED SUPPORT / OPPOSITION:
Support
Consumer Protection Policy Center at USD School of Law
Giffords
Opposition
None on file
Analysis Prepared by: Alison Merrilees / JUD. / (916) 319-2334
Discussed in Hearing
39SEC
Assembly Floor
59SEC
Senate Standing Committee on Appropriations
48SEC
Assembly Floor
Bill Author
