SB 1374: Restraining orders: educational institutions.
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-09-27
Current Status:
Passed
(2026-09-27: Chaptered by Secretary of State. Chapter 705, Statutes of 2026.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
Existing law authorizes a chief administrative officer of a postsecondary educational institution, as defined, 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.
This bill would also authorize a chief administrative officer of the postsecondary educational institution or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility to seek a temporary restraining order and an injunction on behalf of the postsecondary educational institution, upon becoming aware of unlawful violence or a credible threat of violence directed towards the postsecondary educational institution. The bill would require the Judicial Council, on or before January 1, 2028, to adopt or modify forms, as specified. The bill would also expand the course of conduct, as defined, for which a temporary restraining order can be sought to include making telephone calls or sending correspondence, including, but not limited to, email correspondence, to the postsecondary educational institution or its employees or students, or sending correspondence to the chief administrative officer. These provisions would become operative on July 1, 2029.
This bill would incorporate additional changes to Section 527.85 of the Code of Civil Procedure proposed by AB 1753 to be operative only if this bill and AB 1753 are enacted and this bill is enacted last.
Existing law authorizes a chief administrative officer of a postsecondary educational institution, as defined, 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.
This bill would also authorize a chief administrative officer of the postsecondary educational institution or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility to seek a temporary restraining order and an injunction on behalf of the postsecondary educational institution, upon becoming aware of unlawful violence or a credible threat of violence directed towards the postsecondary educational institution. The bill would require the Judicial Council, on or before January 1, 2028, to adopt or modify forms, as specified. The bill would also expand the course of conduct, as defined, for which a temporary restraining order can be sought to include making telephone calls or sending correspondence, including, but not limited to, email correspondence, to the postsecondary educational institution or its employees or students, or sending correspondence to the chief administrative officer. These provisions would become operative on July 1, 2029.
This bill would incorporate additional changes to Section 527.85 of the Code of Civil Procedure proposed by AB 1753 to be operative only if this bill and AB 1753 are enacted and this bill is enacted last.
Existing law authorizes a chief administrative officer of a postsecondary educational institution, as defined, 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.
This bill would also authorize a chief administrative officer of the postsecondary educational institution or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility to seek a temporary restraining order and an injunction on behalf of the postsecondary educational institution, upon becoming aware of unlawful violence or a credible threat of violence directed towards the postsecondary educational institution. The bill would require the Judicial Council, on or before January 1, 2028, to adopt or modify forms, as specified. The bill would also expand the course of conduct, as defined, for which a temporary restraining order can be sought to include making telephone calls or sending correspondence, including, but not limited to, email correspondence, to the postsecondary educational institution or its employees or students, or sending correspondence to the chief administrative officer. These provisions would become operative on July 1, 2029.
This bill would incorporate additional changes to Section 527.85 of the Code of Civil Procedure proposed by AB 1753 to be operative only if this bill and AB 1753 are enacted and this bill is enacted last.
Existing law authorizes a chief administrative officer of a postsecondary educational institution, as defined, 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.
This bill would also authorize a chief administrative officer of the postsecondary educational institution or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility to seek a temporary restraining order and an injunction on behalf of the postsecondary educational institution, upon becoming aware of unlawful violence or a credible threat of violence directed towards the postsecondary educational institution. The bill would require the Judicial Council, on or before January 1, 2028, to adopt or modify forms, as specified. The bill would also expand the course of conduct, as defined, for which a temporary restraining order can be sought to include making telephone calls or sending correspondence, including, but not limited to, email correspondence, to the postsecondary educational institution or its employees or students, or sending correspondence to the chief administrative officer.
Existing law authorizes a chief administrative officer of a postsecondary educational institution, as defined, 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.
This bill would also authorize a chief administrative officer of the postsecondary educational institution or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility to seek a temporary restraining order and an injunction on behalf of the postsecondary educational institution, upon a showing of unlawful violence or a credible threat of violence directed at it. becoming aware of unlawful violence or a credible threat of violence directed towards the postsecondary educational institution. The bill would also expand the course of conduct, as defined, for which a temporary restraining order can be sought to include making telephone calls or sending correspondence, including, but not limited to, email correspondence, to the postsecondary educational institution or its employees or students, or sending correspondence to the chief administrative officer.
Existing law authorizes a chief administrative officer of a postsecondary educational institution, as defined, 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.
This bill would also authorize a chief administrative officer of the postsecondary educational institution or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility to seek a temporary restraining order and an injunction on behalf of the postsecondary educational institution, upon a showing of unlawful violence or a credible threat of violence directed at it. The bill would also expand the course of conduct, as defined, for which a temporary restraining order can be sought to include making telephone calls to the postsecondary educational institution or sending correspondence to the chief administrative officer.
(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.
(z)This section shall remain in effect only until July 1, 2029, and as of that date is repealed.
SEC. 1.5.Section 527.85 of the Code of Civil Procedure is amended 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 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)(1)(A)Commencing January 1, 2028, a court that receives petitions for protective orders under this section shall permit those petitions and any filings related to those petitions to be submitted electronically. The court shall, based on the time of receipt, act on those filings consistent with subdivision (g).
(B)The request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, shall be electronically provided to a petitioner who electronically filed the petition, unless the petitioner notes, at the time of electronic filing, that those documents will be physically obtained from the court.
(2)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)Commencing January 1, 2028, a party or witness may appear remotely at the hearing on a petition for an order under this section. The superior court of each county shall not charge a fee for a party to appear remotely at the hearing. The superior court of each county shall develop local rules and instructions for remote appearances permitted under this subdivision and shall post them on its internet website.
(z)This section shall become inoperative on July 1, 2029, and, as of January 1, 2030, is repealed.
SEC. 2.Section 527.85 is added to the Code of Civil Procedure, to read:527.85.(a)(1)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.
(2)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, which has become aware of an unlawful violence or a credible threat of violence towards a campus, may seek a temporary restraining order and an order after hearing on behalf of the institution and, at the discretion of the court, any property of the campus or facility which are owned by the institution.
(3)On or before January 1, 2028, the Judicial Council shall adopt or modify forms, as needed, to implement this subdivision.
(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 or sending correspondence, including, but not limited to, email correspondence, to a student.
(E)Making telephone calls or sending correspondence, including, but not limited to, email correspondence, to the campus or its employees.
(F)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 email.
(G)Sending correspondence to a chief administrative officer by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or email.
(3)Credible threat of violence means a knowing and willful statement or course of conduct that would place a reasonable person, including a person at a school campus or facility, 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).
(C)An order enjoining a party from harassing, intimidating, attacking, striking, stalking, threatening, telephoning, emailing, including, but not limited to, making annoying telephone calls or sending annoying email correspondence as described in Section 653m of the Penal Code, destroying property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of a school campus or facility.
(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 Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that a student or other person at a school campus or facility has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to the student or other person at the school campus or facility. 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 July 1, 2029.
SEC. 2.5.Section 527.85 is added to the Code of Civil Procedure, to read:527.85.(a)(1)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.
(2)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, which has become aware of an unlawful violence or a credible threat of violence towards a campus, may seek a temporary restraining order and an order after hearing on behalf of the institution and, at the discretion of the court, any property of the campus or facility which are owned by the institution.
(3)On or before January 1, 2028, the Judicial Council shall adopt or modify forms, as needed, to implement this subdivision.
(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 or sending correspondence, including, but not limited to, email correspondence, to a student.
(E)Making telephone calls or sending correspondence, including, but not limited to, email correspondence, to the campus or its employees.
(F)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 email.
(G)Sending correspondence to a chief administrative officer by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or email.
(3)Credible threat of violence means a knowing and willful statement or course of conduct that would place a reasonable person, including a person at a school campus or facility, 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).
(C)An order enjoining a party from harassing, intimidating, attacking, striking, stalking, threatening, telephoning, emailing, including, but not limited to, making annoying telephone calls or sending annoying email correspondence as described in Section 653m of the Penal Code, destroying property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of a school campus or facility.
(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 Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that a student or other person at a school campus or facility has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to the student or other person at the school campus or facility. 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)(1)(A)A court that receives petitions for protective orders under this section shall permit those petitions and any filings related to those petitions to be submitted electronically. The court shall, based on the time of receipt, act on those filings consistent with subdivision (g).
(B)The request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, shall be electronically provided to a petitioner who electronically filed the petition, unless the petitioner notes, at the time of electronic filing, that those documents will be physically obtained from the court.
(2)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)A party or witness may appear remotely at the hearing on a petition for an order under this section. The superior court of each county shall not charge a fee for a party to appear remotely at the hearing. The superior court of each county shall develop local rules and instructions for remote appearances permitted under this subdivision and shall post them on its internet website.
(z)This section shall become operative on July 1, 2029.
SEC. 3.Sections 1.5 and 2.5 of this bill incorporate amendments to Section 527.85 of the Code of Civil Procedure proposed by both this bill and Assembly Bill 1753. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 527.85 of the Code of Civil Procedure, and (3) this bill is enacted after Assembly Bill 1753, in which case Sections 1 and 2 of this bill shall not become operative.
(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.
(z)This section shall remain in effect only until July 1, 2029, and as of that date is repealed.
SEC. 1.5.Section 527.85 of the Code of Civil Procedure is amended 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 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)(1)(A)Commencing January 1, 2028, a court that receives petitions for protective orders under this section shall permit those petitions and any filings related to those petitions to be submitted electronically. The court shall, based on the time of receipt, act on those filings consistent with subdivision (g).
(B)The request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, shall be electronically provided to a petitioner who electronically filed the petition, unless the petitioner notes, at the time of electronic filing, that those documents will be physically obtained from the court.
(2)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)Commencing January 1, 2028, a party or witness may appear remotely at the hearing on a petition for an order under this section. The superior court of each county shall not charge a fee for a party to appear remotely at the hearing. The superior court of each county shall develop local rules and instructions for remote appearances permitted under this subdivision and shall post them on its internet website.
(z)This section shall become inoperative on July 1, 2029, and, as of January 1, 2030, is repealed.
SEC. 2.Section 527.85 is added to the Code of Civil Procedure, to read:527.85.(a)(1)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.
(2)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, which has become aware of an unlawful violence or a credible threat of violence towards a campus, may seek a temporary restraining order and an order after hearing on behalf of the institution and, at the discretion of the court, any property of the campus or facility which are owned by the institution.
(3)On or before January 1, 2028, the Judicial Council shall adopt or modify forms, as needed, to implement this subdivision.
(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 or sending correspondence, including, but not limited to, email correspondence, to a student.
(E)Making telephone calls or sending correspondence, including, but not limited to, email correspondence, to the campus or its employees.
(F)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 email.
(G)Sending correspondence to a chief administrative officer by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or email.
(3)Credible threat of violence means a knowing and willful statement or course of conduct that would place a reasonable person, including a person at a school campus or facility, 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).
(C)An order enjoining a party from harassing, intimidating, attacking, striking, stalking, threatening, telephoning, emailing, including, but not limited to, making annoying telephone calls or sending annoying email correspondence as described in Section 653m of the Penal Code, destroying property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of a school campus or facility.
(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 Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that a student or other person at a school campus or facility has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to the student or other person at the school campus or facility. 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 July 1, 2029.
SEC. 2.5.Section 527.85 is added to the Code of Civil Procedure, to read:527.85.(a)(1)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.
(2)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, which has become aware of an unlawful violence or a credible threat of violence towards a campus, may seek a temporary restraining order and an order after hearing on behalf of the institution and, at the discretion of the court, any property of the campus or facility which are owned by the institution.
(3)On or before January 1, 2028, the Judicial Council shall adopt or modify forms, as needed, to implement this subdivision.
(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 or sending correspondence, including, but not limited to, email correspondence, to a student.
(E)Making telephone calls or sending correspondence, including, but not limited to, email correspondence, to the campus or its employees.
(F)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 email.
(G)Sending correspondence to a chief administrative officer by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or email.
(3)Credible threat of violence means a knowing and willful statement or course of conduct that would place a reasonable person, including a person at a school campus or facility, 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).
(C)An order enjoining a party from harassing, intimidating, attacking, striking, stalking, threatening, telephoning, emailing, including, but not limited to, making annoying telephone calls or sending annoying email correspondence as described in Section 653m of the Penal Code, destroying property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of a school campus or facility.
(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 Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that a student or other person at a school campus or facility has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to the student or other person at the school campus or facility. 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)(1)(A)A court that receives petitions for protective orders under this section shall permit those petitions and any filings related to those petitions to be submitted electronically. The court shall, based on the time of receipt, act on those filings consistent with subdivision (g).
(B)The request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, shall be electronically provided to a petitioner who electronically filed the petition, unless the petitioner notes, at the time of electronic filing, that those documents will be physically obtained from the court.
(2)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)A party or witness may appear remotely at the hearing on a petition for an order under this section. The superior court of each county shall not charge a fee for a party to appear remotely at the hearing. The superior court of each county shall develop local rules and instructions for remote appearances permitted under this subdivision and shall post them on its internet website.
(z)This section shall become operative on July 1, 2029.
SEC. 3.Sections 1.5 and 2.5 of this bill incorporate amendments to Section 527.85 of the Code of Civil Procedure proposed by both this bill and Assembly Bill 1753. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 527.85 of the Code of Civil Procedure, and (3) this bill is enacted after Assembly Bill 1753, in which case Sections 1 and 2 of this bill shall not become operative.
(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.
(z)This section shall remain in effect only until July 1, 2029, and as of that date is repealed.
SEC. 1.5.Section 527.85 of the Code of Civil Procedure is amended 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)(1)(A)Commencing January 1, 2028, a court that receives petitions for protective orders under this section shall permit those petitions and any filings related to those petitions to be submitted electronically. The court shall, based on the time of receipt, act on those filings consistent with subdivision (g).
(B)The request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, shall be electronically provided to a petitioner who electronically filed the petition, unless the petitioner notes, at the time of electronic filing, that those documents will be physically obtained from the court.
(w)(2)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.(y)Commencing January 1, 2028, a party or witness may appear remotely at the hearing on a petition for an order under this section. The superior court of each county shall not charge a fee for a party to appear remotely at the hearing. The superior court of each county shall develop local rules and instructions for remote appearances permitted under this subdivision and shall post them on its internet website.
(z)This section shall become inoperative on July 1, 2029, and, as of January 1, 2030, is repealed.
SEC. 2.Section 527.85 is added to the Code of Civil Procedure, to read:527.85.(a)(1)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.
(2)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, which has become aware of an unlawful violence or a credible threat of violence towards a campus, may seek a temporary restraining order and an order after hearing on behalf of the institution and, at the discretion of the court, any property of the campus or facility which are owned by the institution.
(3)On or before January 1, 2028, the Judicial Council shall adopt or modify forms, as needed, to implement this subdivision.
(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 or sending correspondence, including, but not limited to, email correspondence, to a student.
(E)Making telephone calls or sending correspondence, including, but not limited to, email correspondence, to the campus or its employees.
(F)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 email.
(G)Sending correspondence to a chief administrative officer by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or email.
(3)Credible threat of violence means a knowing and willful statement or course of conduct that would place a reasonable person, including a person at a school campus or facility, 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).
(C)An order enjoining a party from harassing, intimidating, attacking, striking, stalking, threatening, telephoning, emailing, including, but not limited to, making annoying telephone calls or sending annoying email correspondence as described in Section 653m of the Penal Code, destroying property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of a school campus or facility.
(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 Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that a student or other person at a school campus or facility has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to the student or other person at the school campus or facility. 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 July 1, 2029.
SEC. 2.5.Section 527.85 is added to the Code of Civil Procedure, to read:527.85.(a)(1)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.
(2)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, which has become aware of an unlawful violence or a credible threat of violence towards a campus, may seek a temporary restraining order and an order after hearing on behalf of the institution and, at the discretion of the court, any property of the campus or facility which are owned by the institution.
(3)On or before January 1, 2028, the Judicial Council shall adopt or modify forms, as needed, to implement this subdivision.
(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 or sending correspondence, including, but not limited to, email correspondence, to a student.
(E)Making telephone calls or sending correspondence, including, but not limited to, email correspondence, to the campus or its employees.
(F)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 email.
(G)Sending correspondence to a chief administrative officer by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or email.
(3)Credible threat of violence means a knowing and willful statement or course of conduct that would place a reasonable person, including a person at a school campus or facility, 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).
(C)An order enjoining a party from harassing, intimidating, attacking, striking, stalking, threatening, telephoning, emailing, including, but not limited to, making annoying telephone calls or sending annoying email correspondence as described in Section 653m of the Penal Code, destroying property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of a school campus or facility.
(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 Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that a student or other person at a school campus or facility has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to the student or other person at the school campus or facility. 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)(1)(A)A court that receives petitions for protective orders under this section shall permit those petitions and any filings related to those petitions to be submitted electronically. The court shall, based on the time of receipt, act on those filings consistent with subdivision (g).
(B)The request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, shall be electronically provided to a petitioner who electronically filed the petition, unless the petitioner notes, at the time of electronic filing, that those documents will be physically obtained from the court.
(2)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)A party or witness may appear remotely at the hearing on a petition for an order under this section. The superior court of each county shall not charge a fee for a party to appear remotely at the hearing. The superior court of each county shall develop local rules and instructions for remote appearances permitted under this subdivision and shall post them on its internet website.
(z)This section shall become operative on July 1, 2029.
SEC. 3.Sections 1.5 and 2.5 of this bill incorporate amendments to Section 527.85 of the Code of Civil Procedure proposed by both this bill and Assembly Bill 1753. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 527.85 of the Code of Civil Procedure, and (3) this bill is enacted after Assembly Bill 1753, in which case Sections 1 and 2 of this bill shall not become operative.
SECTION 1.Section 527.85 of the Code of Civil Procedure is amended to read:527.85.(a)(1)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.(2)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, which has become aware of an unlawful violence or a credible threat of violence towards a campus, may seek a temporary restraining order and an order after hearing on behalf of the institution and, at the discretion of the court, any property of the campus or facility which are owned by the institution.(3)On or before January 1, 2028, the Judicial Council shall adopt or modify forms, as needed, to implement this subdivision.(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 or sending correspondence, including, but not limited to, email correspondence, to a student.(E)Making telephone calls or sending correspondence, including, but not limited to, email correspondence, to the campus or its employees.(F)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 email.(G)Sending correspondence to a chief administrative officer by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or email.(3)Credible threat of violence means a knowing and willful statement or course of conduct that would place a reasonable person, including a person at a school campus or facility, 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).(C)An order enjoining a party from harassing, intimidating, attacking, striking, stalking, threatening, telephoning, emailing, including, but not limited to, making annoying telephone calls or sending annoying email correspondence as described in Section 653m of the Penal Code, destroying property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of a school campus or facility.(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 527.85, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that a student or other person at a school campus or facility has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to the student or other person at the school campus or facility. 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.(a)(1)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.
(2)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, which has become aware of an unlawful violence or a credible threat of violence towards a campus, may seek a temporary restraining order and an order after hearing on behalf of the institution and, at the discretion of the court, any property of the campus or facility which are owned by the institution.
(3)On or before January 1, 2028, the Judicial Council shall adopt or modify forms, as needed, to implement this subdivision.
(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 or sending correspondence, including, but not limited to, email correspondence, to a student.
(E)Making telephone calls or sending correspondence, including, but not limited to, email correspondence, to the campus or its employees.
(F)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 email.
(G)Sending correspondence to a chief administrative officer by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or email.
(3)Credible threat of violence means a knowing and willful statement or course of conduct that would place a reasonable person, including a person at a school campus or facility, 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).
(C)An order enjoining a party from harassing, intimidating, attacking, striking, stalking, threatening, telephoning, emailing, including, but not limited to, making annoying telephone calls or sending annoying email correspondence as described in Section 653m of the Penal Code, destroying property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of a school campus or facility.
(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 527.85, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that a student or other person at a school campus or facility has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to the student or other person at the school campus or facility. 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.
(a)(1)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.
(2)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, which has received become aware of an unlawful violence or a credible threat of violence towards a campus, may seek a temporary restraining order and an order after hearing on behalf of the institution and, at the discretion of the court, any property of the campus or facility which are owned by the institution.
(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 or sending correspondence, including, but not limited to, email correspondence, to a student.
(E)Making telephone calls or sending correspondence, including, but not limited to, email correspondence, to the school campus or facility. campus or its employees.
(F)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.
(G)Sending correspondence to a chief administrative officer by any means, including, but not limited to, the use of 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, including a person at a school campus or facility, 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).
(C)An order enjoining a party from harassing, intimidating, attacking, striking, stalking, threatening, telephoning, emailing, including, but not limited to, making annoying telephone calls or sending annoying email correspondence as described in Section 653m of the Penal Code, destroying property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of a school campus or facility.
(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, 527.85, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that a student or other person at a school campus or facility has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to the student or other person at the school campus or facility. 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.
(a)(1)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.
(2)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, which has received unlawful violence or a credible threat of violence towards a campus, may seek a temporary restraining order and an order after hearing on behalf of the institution and, at the discretion of the court, any property of the campus or facility which are owned by the institution.
(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)Making telephone calls to the school campus or facility.
(E)(F)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.
(G)Sending correspondence to a chief administrative officer by any means, including, but not limited to, the use of 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 person, including a person at a school campus or facility, 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).
(C)An order enjoining a party from harassing, intimidating, attacking, striking, stalking, threatening, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of a school campus or facility.
(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 or other person at a school campus or facility has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to the student. or other person at the school campus or facility. 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.|
Date
|
Status
|
|---|---|
| Sep 27, 2026 | Chaptered by Secretary of State. Chapter 705, Statutes of 2026. |
| Sep 27, 2026 | Approved by the Governor. |
| Sep 3, 2026 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 27, 2026 | Assembly amendments concurred in. (Ayes 40. Noes 0. Page 6028.) Ordered to engrossing and enrolling. |
| Aug 27, 2026 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 26, 2026 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 26, 2026 | Read third time. Passed. (Ayes 79. Noes 0. Page 6609.) Ordered to the Senate. |
| Aug 26, 2026 | Read third time. Passed. Ordered to the Senate. |
| Aug 20, 2026 | Read third time and amended. |
| Aug 20, 2026 | Ordered to third reading. |
| Aug 13, 2026 | Read second time. Ordered to third reading. |
| Aug 13, 2026 | From committee: Do pass. (Ayes 15. Noes 0.) (August 13). |
| Aug 13, 2026 | Assembly Rule 63 suspended. |
| Aug 5, 2026 | August 5 set for first hearing. Placed on suspense file. |
| Jun 24, 2026 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (June 23). Re-referred to Com. on APPR. |
| Jun 16, 2026 | Read second time and amended. Re-referred to Com. on HIGHER ED. |
| Jun 15, 2026 | From committee: Do pass as amended and re-refer to Com. on HIGHER ED. with recommendation: To consent calendar. (Ayes 12. Noes 0.) (June 9). |
| Jun 1, 2026 | Referred to Coms. on JUD. and HIGHER ED. |
| May 26, 2026 | In Assembly. Read first time. Held at Desk. |
| May 26, 2026 | Read third time. Passed. (Ayes 38. Noes 0.) Ordered to the Assembly. |
| May 26, 2026 | Read third time. Passed. (Ayes 38. Noes 0. Page 4453.) Ordered to the Assembly. |
| May 5, 2026 | Read second time. Ordered to third reading. |
| May 4, 2026 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Apr 24, 2026 | Set for hearing May 4. |
| Apr 22, 2026 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 4008.) (April 22). Re-referred to Com. on APPR. |
| Apr 22, 2026 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 22). Re-referred to Com. on APPR. |
| Apr 13, 2026 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED. |
| Apr 10, 2026 | Set for hearing April 22. |
| Mar 24, 2026 | From committee: Do pass and re-refer to Com. on ED. with recommendation: To consent calendar. (Ayes 12. Noes 0.) (March 24). Re-referred to Com. on ED. |
| Mar 24, 2026 | From committee: Do pass and re-refer to Com. on ED. with recommendation: To consent calendar. (Ayes 12. Noes 0. Page 3659.) (March 24). Re-referred to Com. on ED. |
| Mar 16, 2026 | Set for hearing March 24. |
| Mar 4, 2026 | Referred to Coms. on JUD. and ED. |
| Feb 23, 2026 | Read first time. |
| Feb 23, 2026 | From printer. May be acted upon on or after March 23. |
| Feb 20, 2026 | Introduced. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 27, 2026 | Unfinished Business SB1374 Niello et al. Concurrence | Senate Floor |
Passed |
|
| Aug 26, 2026 | SB 1374 Niello Senate Third Reading By Sharp-Collins | Assembly Floor |
Passed |
|
| Aug 13, 2026 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 23, 2026 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Higher Education |
Passed |
|
| Jun 9, 2026 | Do pass as amended, and be re-referred to the Committee on [Higher Education] with recommendation: To Consent Calendar | Assembly Standing Committee on Judiciary |
Passed |
|
| May 26, 2026 | Senate 3rd Reading SB1374 Niello et al. | Senate Floor |
Passed |
|
| Apr 22, 2026 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
|
| Mar 24, 2026 | Do pass, but first be re-referred to the Committee on [Education] with the recommendation: To Consent Calendar | Senate 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
|
|---|---|---|
| Association of Independent California Colleges & Universities | ** Support | |
| California State University (CSU) | ** Support | |
| California State University, Office Of The Chancellor | ** Support | |
| California State University, Office of the Chancellor (co-sponsor) | ** Support | |
| California State University, Office of the Chancellor (source) | ** Support | |
| San Diego County District Attorney's Office | ** Support | |
| San Diego State University | ** Support | |
| San Diego State University (co-sponsor) | ** Support | |
| The California Baptist Capito Ministry | ** Support | |
| The California Baptist Capitol Ministry | ** Support | |
| University of California | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | SB 1374 |
UNFINISHED BUSINESS
Bill No: SB 1374
Author: Niello (R), et al.
Amended: 8/20/26
Vote: 21
SENATE JUDICIARY COMMITTEE: 12-0, 3/24/26
AYES: Umberg, Niello, Allen, Caballero, Durazo, Laird, Reyes, Stern, Valladares, Wahab, Weber Pierson, Wiener
NO VOTE RECORDED: Ashby
SENATE EDUCATION COMMITTEE: 7-0, 4/22/26
AYES: Pérez, Ochoa Bogh, Cabaldon, Choi, Cortese, Gonzalez, Reyes
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 38-0, 5/26/26
AYES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Durazo, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener
NO VOTE RECORDED: Dahle, Gonzalez
ASSEMBLY FLOOR: 79-0, 8/26/26 - See last page for vote
SUBJECT: Restraining orders: educational institutions
SOURCE: California State University, Office of the Chancellor
DIGEST:
This bill authorizes a chief administrative officer of a postsecondary educational institution, or a designated officer or employee, to seek a temporary restraining order and an order after hearing on behalf of the institution in order to maintain order on the school campus or facility which is subject to unlawful violence or a credible threat of violence directed towards the postsecondary educational institution.
Assembly Amendments
requires the Judicial Council, on or before January 1, 2028, to adopt or modify forms, as specified, make the provisions of the bill operative on July 1, 2029, and make chaptering out amendments.
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 an 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:
- 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 of Civil Procedure (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 provided. (Code Civ. Proc., § 527.85(e)-(k), (m), (o), (p).)
- Provides that a person who is subject to a protective order issued under 3) cannot own, possess, receive, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect. (Code Civ. Proc., § 527.9.)
- 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 as a crime. (Penal Code § 29825.)
- Provides that nothing in 2) through 4) prevents either party from representation by private counsel or from appearing on their own behalf. (Code Civ. Proc., § 527.85(l).)
This bill:
- 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 institution, and at the discretion of the court, any property of the campus or facility which are owned by the institution.
- Expands the definition of “course of conduct” to include making telephone calls to the school campus or facility and sending correspondence to a chief administrative officer by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or computer email.
- Provides that a “temporary restraining order” and “order after hearing” may include an order enjoining a party from: harassing; intimidating; attacking; striking; stalking; threatening; telephoning, including, but not limited to, making annoying telephone calls as defined; destroying property; contacting, either directly or indirectly, by mail or otherwise; or coming within a specified distance of a school campus or facility.
- Requires the Judicial Council, on or before January 1, 2028, to adopt or modify forms, as specified.
- Make the provisions of the bill operative on July 1, 2029.
- Makes clarifying changes and chaptering out amendments.
Comments
A 2025 report from the Homeland Security Operational Analysis Center (HSOAC) shows campus crime at institutions of higher education across the U.S. has returned to pre- COVID-19 pandemic levels. The sponsor and author of this bill note that threats can cause disruptions during key academic deadlines, such as during finals or midterm exams. For example, in 2018 California State University, Northridge (CSUN) received alleged threats to campus during finals week in December, which resulted in alternative arrangements needing to be made that did not require students to be on campus during finals week.[1] In February of this year, California State University, Bakersfield (CSUB) received an anonymous call alleging that someone was going to shoot people at the school and blow themselves up, which led to fear and panic for the campus community and a campus-wide lockdown that asked staff and students to shelter in place.[2] According to the author and sponsor, a troubling incident that occurred at San Diego State University (SDSU) highlights why this bill is needed. They report:
In March 2024, Student A began posting on SDSU-restricted online platforms. These posts contained violent, sexual, and concerning content and were forwarded to University Police Department (UPD) by a student. UPD’s Threat Management Team (TMT) was notified, and monitoring began. Additionally, coordination with local law enforcement for monitoring began. In 2025, SDSU worked with the FBI on the case, as the student was serving in the U.S. Marine Corps Reserve. Since the threats were not specifically directed at an individual student or employee at SDSU, [SDSU] did not have the ability to have a long-term restraining order issued against the student. The student was suspended from SDSU, and the suspension was upheld. And in SDSU’s experience, the District Attorney and City Attorney do not always request a criminal restraining order even when specifically asked to include it as part of the prosecution.
In the example above no specific student or employee was targeted—but the campus generally— and therefore SDSU was unable to use existing Code of Civil Procedure Sections 527.8 or 527.85 to obtain a restraining order against the former student from entering campus.
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.[3] 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.[4] 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.[5]
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.[6] 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.[7] A person subject to a temporary restraining order or injunction under these provisions is required to relinquish firearms and ammunition under Code of Civil Procedure Section 527.9.
In 2024, these provisions were expanded to include public institutions in AB 2096 (Petrie-Norris, Chapter 947, Statutes of 2024). AB 2096 also expanded the conduct under which a restraining order can be sought to include unlawful violence.
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.[8] A protective order issued after hearing may run for only three years initially, rather than the five years permitted under the DVPA.[9] 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.[10]
This bill, effective January 1, 2029, expands the existing provisions of Code of Civil Procedure Section 527.85 to authorize a chief administrative officer of a postsecondary educational institution, or a designated officer or employee, to seek a temporary restraining order and an order after a hearing on behalf of the institution itself in order to maintain order on the school campus or facility when it is subject to unlawful violence or a credible threat of violence towards the campus.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
California State University, Office of the Chancellor (source)
Association of Independent California Colleges & Universities
San Diego County District Attorney's Office
San Diego State University
The California Baptist Capito Ministry
University of California
OPPOSITION: (Verified 8/24/26)
None received
ARGUMENTS IN SUPPORT: The author writes:
SB 1374 empowers higher education institutions to provide safer communities by providing an additional preemptive measure to deter threats by permitting restraining orders on behalf of the institution itself when threats are made towards a campus. This bill will provide a crucial tool to ensure institutions are able to maintain safe learning environments.
When institutions are targeted with threats, the resulting lockdowns, disruptions, and fear undermine students’ ability to learn and faculty’s ability to teach. SB 1374 will help campuses maintain a safe, stable environment by allowing them to seek timely court orders that can deter or restrict dangerous conduct before it reaches the classroom, residence hall, or campus event.
Campus leaders are responsible for safeguarding thousands of students, faculty, and staff, yet under existing law they lack clear standing to obtain civil protective orders when the institution itself is the target. SB 1374 provides a clear, court supervised mechanism to intervene early, before threats escalate into acts of violence on campus.
The California State University, Office of the Chancellor, source of this bill, writes:
The California State University (CSU) is pleased to sponsor and support Senate Bill 1374 […] While current law allows institutions to seek restraining orders on behalf of students or an employee who receives threats, it does not clearly authorize institutions to seek similar protection when threats are directed at the institution itself.
In a time of increasing threats and harassment aimed at universities and other institutions, the gap in current law limits CSU’s ability to respond swiftly and effectively. By authorizing chief administrative officers to seek restraining orders on behalf of the institution, SB 1374 ensures that institutions and the courts can intervene when unlawful violence or credible threats target the broader campus community. This bill serves as a critical preemptive measure by allowing institutions to intervene at the point of credible threats or escalating harassment before conduct turns into physical violence, unlawful acts, or irreversible harm to students, staff, or campus operations.
ASSEMBLY FLOOR: 79-0, 8/26/26
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
Prepared by: Amanda Mattson / JUD. / (916) 651-4113
11/12/26 16:53:49
**** END ****
CSUN, Updates in Response to Threats to Campus, available at https://www.csun.edu/president/news/updates-response-threats-campus. ↑
CSUB, Instagram, (Feb. 2, 2026), available at https://www.instagram.com/p/DURkJ7jgTvQ/?hl=en. ↑
See Code Civ. Proc., § 527.85. ↑
Sen. Com. on Judiciary, Analysis of SB 188 (2009-2010 Reg. Sess.) as introduced, p. 1. ↑
See Code Civ. Proc., § 527.8. ↑
Id., Code Civ. Proc., § 527.85(a). ↑
Ibid. ↑
Id., Code Civ. Proc., § 527.85(o) ↑
Id., Code Civ. Proc., § 527.85(k). ↑
Id., Code Civ. Proc., § 527.85(b); see Id., Code Civ. Proc., § 527.9. ↑
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | SB 1374 |
UNFINISHED BUSINESS
Bill No: SB 1374
Author: Niello (R), et al.
Amended: 8/20/26
Vote: 21
SENATE JUDICIARY COMMITTEE: 12-0, 3/24/26
AYES: Umberg, Niello, Allen, Caballero, Durazo, Laird, Reyes, Stern, Valladares, Wahab, Weber Pierson, Wiener
NO VOTE RECORDED: Ashby
SENATE EDUCATION COMMITTEE: 7-0, 4/22/26
AYES: Pérez, Ochoa Bogh, Cabaldon, Choi, Cortese, Gonzalez, Reyes
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 38-0, 5/26/26
AYES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Durazo, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener
NO VOTE RECORDED: Dahle, Gonzalez
ASSEMBLY FLOOR: Passed, 8/26/26
SUBJECT: Restraining orders: educational institutions
SOURCE: California State University, Office of the Chancellor
DIGEST:
This bill authorizes a chief administrative officer of a postsecondary educational institution, or a designated officer or employee, to seek a temporary restraining order and an order after hearing on behalf of the institution in order to maintain order on the school campus or facility which is subject to unlawful violence or a credible threat of violence directed towards the postsecondary educational institution.
Assembly Amendments
requires the Judicial Council, on or before January 1, 2028, to adopt or modify forms, as specified, make the provisions of the bill operative on July 1, 2029, and make chaptering out amendments.
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 an 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:
- 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 of Civil Procedure (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 provided. (Code Civ. Proc., § 527.85(e)-(k), (m), (o), (p).)
- Provides that a person who is subject to a protective order issued under 3) cannot own, possess, receive, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect. (Code Civ. Proc., § 527.9.)
- 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 as a crime. (Penal Code § 29825.)
- Provides that nothing in 2) through 4) prevents either party from representation by private counsel or from appearing on their own behalf. (Code Civ. Proc., § 527.85(l).)
This bill:
- 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 institution, and at the discretion of the court, any property of the campus or facility which are owned by the institution.
- Expands the definition of “course of conduct” to include making telephone calls to the school campus or facility and sending correspondence to a chief administrative officer by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or computer email.
- Provides that a “temporary restraining order” and “order after hearing” may include an order enjoining a party from: harassing; intimidating; attacking; striking; stalking; threatening; telephoning, including, but not limited to, making annoying telephone calls as defined; destroying property; contacting, either directly or indirectly, by mail or otherwise; or coming within a specified distance of a school campus or facility.
- Requires the Judicial Council, on or before January 1, 2028, to adopt or modify forms, as specified.
- Make the provisions of the bill operative on July 1, 2029.
- Makes clarifying changes and chaptering out amendments.
Comments
A 2025 report from the Homeland Security Operational Analysis Center (HSOAC) shows campus crime at institutions of higher education across the U.S. has returned to pre- COVID-19 pandemic levels. The sponsor and author of this bill note that threats can cause disruptions during key academic deadlines, such as during finals or midterm exams. For example, in 2018 California State University, Northridge (CSUN) received alleged threats to campus during finals week in December, which resulted in alternative arrangements needing to be made that did not require students to be on campus during finals week.[1] In February of this year, California State University, Bakersfield (CSUB) received an anonymous call alleging that someone was going to shoot people at the school and blow themselves up, which led to fear and panic for the campus community and a campus-wide lockdown that asked staff and students to shelter in place.[2] According to the author and sponsor, a troubling incident that occurred at San Diego State University (SDSU) highlights why this bill is needed. They report:
In March 2024, Student A began posting on SDSU-restricted online platforms. These posts contained violent, sexual, and concerning content and were forwarded to University Police Department (UPD) by a student. UPD’s Threat Management Team (TMT) was notified, and monitoring began. Additionally, coordination with local law enforcement for monitoring began. In 2025, SDSU worked with the FBI on the case, as the student was serving in the U.S. Marine Corps Reserve. Since the threats were not specifically directed at an individual student or employee at SDSU, [SDSU] did not have the ability to have a long-term restraining order issued against the student. The student was suspended from SDSU, and the suspension was upheld. And in SDSU’s experience, the District Attorney and City Attorney do not always request a criminal restraining order even when specifically asked to include it as part of the prosecution.
In the example above no specific student or employee was targeted—but the campus generally— and therefore SDSU was unable to use existing Code of Civil Procedure Sections 527.8 or 527.85 to obtain a restraining order against the former student from entering campus.
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.[3] 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.[4] 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.[5]
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.[6] 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.[7] A person subject to a temporary restraining order or injunction under these provisions is required to relinquish firearms and ammunition under Code of Civil Procedure Section 527.9.
In 2024, these provisions were expanded to include public institutions in AB 2096 (Petrie-Norris, Chapter 947, Statutes of 2024). AB 2096 also expanded the conduct under which a restraining order can be sought to include unlawful violence.
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.[8] A protective order issued after hearing may run for only three years initially, rather than the five years permitted under the DVPA.[9] 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.[10]
This bill, effective January 1, 2029, expands the existing provisions of Code of Civil Procedure Section 527.85 to authorize a chief administrative officer of a postsecondary educational institution, or a designated officer or employee, to seek a temporary restraining order and an order after a hearing on behalf of the institution itself in order to maintain order on the school campus or facility when it is subject to unlawful violence or a credible threat of violence towards the campus.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
California State University, Office of the Chancellor (source)
Association of Independent California Colleges & Universities
San Diego County District Attorney's Office
San Diego State University
The California Baptist Capito Ministry
University of California
OPPOSITION: (Verified 8/24/26)
None received
ARGUMENTS IN SUPPORT: The author writes:
SB 1374 empowers higher education institutions to provide safer communities by providing an additional preemptive measure to deter threats by permitting restraining orders on behalf of the institution itself when threats are made towards a campus. This bill will provide a crucial tool to ensure institutions are able to maintain safe learning environments.
When institutions are targeted with threats, the resulting lockdowns, disruptions, and fear undermine students’ ability to learn and faculty’s ability to teach. SB 1374 will help campuses maintain a safe, stable environment by allowing them to seek timely court orders that can deter or restrict dangerous conduct before it reaches the classroom, residence hall, or campus event.
Campus leaders are responsible for safeguarding thousands of students, faculty, and staff, yet under existing law they lack clear standing to obtain civil protective orders when the institution itself is the target. SB 1374 provides a clear, court supervised mechanism to intervene early, before threats escalate into acts of violence on campus.
The California State University, Office of the Chancellor, source of this bill, writes:
The California State University (CSU) is pleased to sponsor and support Senate Bill 1374 […] While current law allows institutions to seek restraining orders on behalf of students or an employee who receives threats, it does not clearly authorize institutions to seek similar protection when threats are directed at the institution itself.
In a time of increasing threats and harassment aimed at universities and other institutions, the gap in current law limits CSU’s ability to respond swiftly and effectively. By authorizing chief administrative officers to seek restraining orders on behalf of the institution, SB 1374 ensures that institutions and the courts can intervene when unlawful violence or credible threats target the broader campus community. This bill serves as a critical preemptive measure by allowing institutions to intervene at the point of credible threats or escalating harassment before conduct turns into physical violence, unlawful acts, or irreversible harm to students, staff, or campus operations.
Prepared by: Amanda Mattson / JUD. / (916) 651-4113
8/26/26 15:11:42
**** END ****
CSUN, Updates in Response to Threats to Campus, available at https://www.csun.edu/president/news/updates-response-threats-campus. ↑
CSUB, Instagram, (Feb. 2, 2026), available at https://www.instagram.com/p/DURkJ7jgTvQ/?hl=en. ↑
See Code Civ. Proc., § 527.85. ↑
Sen. Com. on Judiciary, Analysis of SB 188 (2009-2010 Reg. Sess.) as introduced, p. 1. ↑
See Code Civ. Proc., § 527.8. ↑
Id., Code Civ. Proc., § 527.85(a). ↑
Ibid. ↑
Id., Code Civ. Proc., § 527.85(o) ↑
Id., Code Civ. Proc., § 527.85(k). ↑
Id., Code Civ. Proc., § 527.85(b); see Id., Code Civ. Proc., § 527.9. ↑
SENATE THIRD READING
STR Bill Id:SB 1374
Author:(Niello)
As Amended Ver:August 20, 2026
Majority vote
SUMMARY
Authorizes a chief executive officer of a postsecondary educational institution or their designee to seek a temporary restraining order and order after hearing on behalf of the institution.
Major Provisions
- 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, which has become aware of an unlawful violence or credible threat of violence towards a campus, to seek a temporary restraining order and an order after hearing on behalf of the institution and grants the court discretion to extend the order to any property of the campus or facility which are owned by the institution.
- Expands the definition of "course of conduct" to include sending correspondence, including but not limited to, email correspondence to a student; making telephone calls or sending correspondence, including, but not limited to, email correspondence to the campus or its employees; and sending correspondence to a chief administrative officer by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or email.
- Expands the definition of "credible threat of violence" to include course of conduct that would place a reasonable person, including a person at a school campus or facility, in reasonable fear for their safety.
- Expands the definition of "temporary restraining order" and "order after hearing" to include an order enjoining a party from harassing, intimidating, attacking, striking, stalking, threatening, telephoning, emailing, including, but not limited to, making annoying telephone calls or sending annoying email correspondence as described in Penal Code Section (PEN) 653m, destroying property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of a school campus or facility.
- Revises requirements that a petitioner file a declaration that, to the satisfaction of the court, shows reasonable proof that a student or other person at a school campus or facility has suffered lawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to the student or other person at the school campus or facility in order to obtain a temporary restraining order in accordance with Code of Civil Procedure Section (CCP) 527 (a).
- Grants the Judicial Council of California until January 1, 2028 to develop the forms necessary to implement the bill's provisions.
- Delays implementation until July 1, 2029.
- Incorporates chaptering amendments.
COMMENTS
Violence at colleges and universities can cause both physical and emotional harm to students, faculty, and staff, and can significantly disrupt the learning environment. The same is often true when a campus receives a threat of violence, whether targeted at an individual or the campus as a whole. One of the tools available to students and administrators facing actual or potential violence is to seek a restraining order prohibiting the respondent from contacting or coming within a certain distance of the protected party.
Existing law provides for a variety of different types of protective orders, also commonly referred to as restraining 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. Petitioners may seek protective orders to be issued under a variety of circumstances to prevent various forms of harm, including civil harassment (Code of Civil Procedure Section (CCP) 527.6(d)); workplace violence (CCP Section 527.8(e)); elder or dependent adult abuse (Welfare and Institutions Code Section (WIC) 15657.03(c)); domestic violence (Family Code Sections 241, 6220, 6300 et seq.); and juvenile abuse WIC 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.
Existing law authorizes 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. In 2024, that statute was expanded via AB 2096 (Petrie-Norris), Chapter 947, Statutes of 2024 to allow administrators of public postsecondary institutions to seek a TRO and order after hearing.
To qualify for a TRO or order after hearing under CCP Section 527.85, an administrator or their designee must get the written consent of the student who suffered the harassment that can reasonably be understood to be, or was, carried out on campus. The administrator is also authorized to seek the order on behalf of the institution's similarly situated students and staff. In other words, if a single student receives harassing emails or other contact threatening to cause them and their classmates harm, an administrator could theoretically petition for a restraining order to protect that student and that student’s class and instructors, provided the student grants written consent. However, current law appears to limit access to protective orders to circumstances where an individual is the target, and does not necessarily capture circumstances where the target is the campus more generally.
This bill attempts to bridge the gap in CCP Section 527.85 where a person who may intend harm against a whole campus, rather than one specific individual. The bill amends CCP Section 527.85 to allow an administrator "which has become aware of an unlawful violence or a credible threat of violence towards a campus" to seek a TRO and order after hearing on behalf of the whole institution. Additionally, the bill grants courts the discretion to extend the order to any campus property or facility owned by the institution. The bill makes conforming changes to ensure that harassing behavior towards a campus or its employees generally clearly constitutes a credible threat of violence sufficient to justify a TRO and order after hearing.
According to the Author
SB 1374 empowers higher education institutions to provide safer communities by providing an additional preemptive measure to deter threats by permitting restraining orders on behalf of the institution itself when threats are made towards a campus. This bill will provide a crucial tool to ensure institutions are able to maintain safe learning environments.
When institutions are targeted with threats, the resulting lockdowns, disruptions, and fear undermine students' ability to learn and faculty's ability to teach. SB 1374 will help campuses maintain a safe, stable environment by allowing them to seek timely court orders that can deter or restrict dangerous conduct before it reaches the classroom, residence hall, or campus event.
Campus leaders are responsible for safeguarding thousands of students, faculty, and staff, yet under existing law they lack clear standing to obtain civil protective orders when the institution itself is the target. SB 1374 provides a clear, court‑supervised mechanism to intervene early, before threats escalate into acts of violence on campus.
Arguments in Support
This bill is sponsored by the California State University (CSU), San Diego State University. It is also supported by the University of California, the San Diego County District Attorney's Office, and the Association of Independent California Colleges and Universities. In support of the measure, the CSU submits:
While current law allows institutions to seek restraining orders on behalf of students or an employee who receives threats, it does not clearly authorize institutions to seek similar protection when threats are directed at the institution itself. In a time of increasing threats and harassment aimed at universities and other institutions, the gap in current law limits the CSU's ability to respond swiftly and effectively. By authorizing chief administrative officers to seek restraining orders on behalf of the institution, SB 1374 ensures that institutions and the courts can intervene when unlawful violence or credible threats target the broader campus community. This bill serves as a critical preemptive measure by allowing institutions to intervene at the point of credible threats or escalating harassment—before conduct turns into physical violence, unlawful acts, or irreversible harm to students, staff, or campus operations.
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- One-time costs of approximately $80,000 in the first year of implementation, up to $1.2 million in the second year, and approximately $400,000 ongoing annually (General Fund) to the Department of Justice (DOJ) to hire additional staff and procure IT services necessary to implement the bill, particularly to accommodate the expansion of eligible courses of conduct for which temporary restraining order may be sought. According to DOJ, in addition to the cited costs, a delayed implementation of July 1, 2029, is needed to facilitate implementation of this bill.
- Minor and absorbable costs to Judicial Council.
- Minor and absorbable costs for the UC, CSU, and California Community Colleges (CCCs) to adjust existing policies as needed to reflect additional authority provided by this bill. However, to the extent the additional authority results in several campuses of the UC, CSU, and CCC having to file for restraining orders against individuals, administrative costs statewide could reach into the hundreds of thousands of dollars, cumulatively statewide (General Fund and Proposition 98 General Fund).
- 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.
- 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 state budget provides annual General Fund backfills to the Trial Court Trust Fund to offset revenue reductions, totaling approximately $117.3 million in 2025-26.
VOTES
SENATE FLOOR: 38-0-2
YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Durazo, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener
ABS, ABST OR NV: Dahle, Gonzalez
ASM JUDICIARY: 12-0-0
YES: Kalra, Macedo, Bauer-Kahan, Bryan, Connolly, Dixon, Harabedian, Pacheco, Papan, Sanchez, Stefani, Zbur
ASM HIGHER EDUCATION: 10-0-0
YES: Fong, DeMaio, Boerner, Jeff Gonzalez, Jackson, Muratsuchi, Patel, Celeste Rodriguez, Sharp-Collins, Tangipa
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Hoover, Arambula, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa
UPDATED
VERSION: August 20, 2026
CONSULTANT: Manuela Boucher / JUD. / (916) 319-2334 FN: 0003874
SENATE THIRD READING
STR Bill Id:SB 1374
Author:(Niello)
As Amended Ver:June 16, 2026
Majority vote
SUMMARY
Authorizes a chief executive officer of a postsecondary educational institution or their designee to seek a temporary restraining order and order after hearing on behalf of the institution.
Major Provisions
- 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, which has become aware of an unlawful violence or credible threat of violence towards a campus, to seek a temporary restraining order and an order after hearing on behalf of the institution and grants the court discretion to extend the order to any property of the campus or facility which are owned by the institution.
- Expands the definition of "course of conduct" to include sending correspondence, including but not limited to, email correspondence to a student; making telephone calls or sending correspondence, including, but not limited to, email correspondence to the campus or its employees; and sending correspondence to a chief administrative officer by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or email.
- Expands the definition of "credible threat of violence" to include course of conduct that would place a reasonable person, including a person at a school campus or facility, in reasonable fear for their safety.
- Expands the definition of "temporary restraining order" and "order after hearing" to include an order enjoining a party from harassing, intimidating, attacking, striking, stalking, threatening, telephoning, emailing, including, but not limited to, making annoying telephone calls or sending annoying email correspondence as described in Penal Code Section (PEN) 653m, destroying property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of a school campus or facility.
- Revises requirements that a petitioner file a declaration that, to the satisfaction of the court, shows reasonable proof that a student or other person at a school campus or facility has suffered lawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to the student or other person at the school campus or facility in order to obtain a temporary restraining order in accordance with Code of Civil Procedure Section (CCP) 527 (a).
- Grants the Judicial Council of California until January 1, 2028 to develop the forms necessary to implement the bill's provisions.
COMMENTS
Violence at colleges and universities can cause both physical and emotional harm to students, faculty, and staff, and can significantly disrupt the learning environment. The same is often true when a campus receives a threat of violence, whether targeted at an individual or the campus as a whole. One of the tools available to students and administrators facing actual or potential violence is to seek a restraining order prohibiting the respondent from contacting or coming within a certain distance of the protected party.
Existing law provides for a variety of different types of protective orders, also commonly referred to as restraining 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. Petitioners may seek protective orders to be issued under a variety of circumstances to prevent various forms of harm, including civil harassment (Code of Civil Procedure Section (CCP) 527.6(d)); workplace violence (CCP Section 527.8(e)); elder or dependent adult abuse (Welfare and Institutions Code Section (WIC) 15657.03(c)); domestic violence (Family Code Sections 241, 6220, 6300 et seq.); and juvenile abuse WIC 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.
Existing law authorizes 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. In 2024, that statute was expanded via AB 2096 (Petrie-Norris), Chapter 947, Statutes of 2024 to allow administrators of public postsecondary institutions to seek a TRO and order after hearing.
To qualify for a TRO or order after hearing under CCP Section 527.85, an administrator or their designee must get the written consent of the student who suffered the harassment that can reasonably be understood to be, or was, carried out on campus. The administrator is also authorized to seek the order on behalf of the institution's similarly situated students and staff. In other words, if a single student receives harassing emails or other contact threatening to cause them and their classmates harm, an administrator could theoretically petition for a restraining order to protect that student and that student’s class and instructors, provided the student grants written consent. However, current law appears to limit access to protective orders to circumstances where an individual is the target, and does not necessarily capture circumstances where the target is the campus more generally.
This bill attempts to bridge the gap in CCP Section 527.85 where a person who may intend harm against a whole campus, rather than one specific individual. The bill amends CCP Section 527.85 to allow an administrator "which has become aware of an unlawful violence or a credible threat of violence towards a campus" to seek a TRO and order after hearing on behalf of the whole institution. Additionally, the bill grants courts the discretion to extend the order to any campus property or facility owned by the institution. The bill makes conforming changes to ensure that harassing behavior towards a campus or its employees generally clearly constitutes a credible threat of violence sufficient to justify a TRO and order after hearing.
According to the Author
SB 1374 empowers higher education institutions to provide safer communities by providing an additional preemptive measure to deter threats by permitting restraining orders on behalf of the institution itself when threats are made towards a campus. This bill will provide a crucial tool to ensure institutions are able to maintain safe learning environments.
When institutions are targeted with threats, the resulting lockdowns, disruptions, and fear undermine students' ability to learn and faculty's ability to teach. SB 1374 will help campuses maintain a safe, stable environment by allowing them to seek timely court orders that can deter or restrict dangerous conduct before it reaches the classroom, residence hall, or campus event.
Campus leaders are responsible for safeguarding thousands of students, faculty, and staff, yet under existing law they lack clear standing to obtain civil protective orders when the institution itself is the target. SB 1374 provides a clear, court‑supervised mechanism to intervene early, before threats escalate into acts of violence on campus.
Arguments in Support
This bill is sponsored by the California State University (CSU), San Diego State University. It is also supported by the University of California, the San Diego County District Attorney's Office, and the Association of Independent California Colleges and Universities. In support of the measure, the CSU submits:
While current law allows institutions to seek restraining orders on behalf of students or an employee who receives threats, it does not clearly authorize institutions to seek similar protection when threats are directed at the institution itself. In a time of increasing threats and harassment aimed at universities and other institutions, the gap in current law limits the CSU's ability to respond swiftly and effectively. By authorizing chief administrative officers to seek restraining orders on behalf of the institution, SB 1374 ensures that institutions and the courts can intervene when unlawful violence or credible threats target the broader campus community. This bill serves as a critical preemptive measure by allowing institutions to intervene at the point of credible threats or escalating harassment—before conduct turns into physical violence, unlawful acts, or irreversible harm to students, staff, or campus operations.
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- One-time costs of approximately $80,000 in the first year of implementation, up to $1.2 million in the second year, and approximately $400,000 ongoing annually (General Fund) to the Department of Justice (DOJ) to hire additional staff and procure IT services necessary to implement the bill, particularly to accommodate the expansion of eligible courses of conduct for which temporary restraining order may be sought. According to DOJ, in addition to the cited costs, a delayed implementation of July 1, 2029, is needed to facilitate implementation of this bill.
- Minor and absorbable costs to Judicial Council.
- Minor and absorbable costs for the UC, CSU, and California Community Colleges (CCCs) to adjust existing policies as needed to reflect additional authority provided by this bill. However, to the extent the additional authority results in several campuses of the UC, CSU, and CCC having to file for restraining orders against individuals, administrative costs statewide could reach into the hundreds of thousands of dollars, cumulatively statewide (General Fund and Proposition 98 General Fund).
- 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.
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 state budget provides annual General Fund backfills to the Trial Court Trust Fund to offset revenue reductions, totaling approximately $117.3 million in 2025-26.
VOTES
SENATE FLOOR: 38-0-2
YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Durazo, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener
ABS, ABST OR NV: Dahle, Gonzalez
ASM JUDICIARY: 12-0-0
YES: Kalra, Macedo, Bauer-Kahan, Bryan, Connolly, Dixon, Harabedian, Pacheco, Papan, Sanchez, Stefani, Zbur
ASM HIGHER EDUCATION: 10-0-0
YES: Fong, DeMaio, Boerner, Jeff Gonzalez, Jackson, Muratsuchi, Patel, Celeste Rodriguez, Sharp-Collins, Tangipa
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Hoover, Arambula, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa
UPDATED
VERSION: June 16, 2026
CONSULTANT: Manuela Boucher / JUD. / (916) 319-2334 FN: 0003465
Date of Hearing: August 5, 2026
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
SBPCA Bill Id:SB 1374
Author:(Niello) – As Amended Ver:June 16, 2026
Policy Committee: | Judiciary | Vote: | 12 - 0 |
Higher Education | 10 - 0 | ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill authorizes a postsecondary educational institution chief administrative officer, or their designee, to seek a temporary restraining order, at the discretion of the court, in the case of unlawful violence or a credible threat of violence towards a campus. This bill also expands the course of conduct for which a temporary restraining order may be sought to include telephone calls or sending correspondence, including email correspondence, to a campus or its students, employees, or chief administrative officer. Lastly, the bill requires the Judicial Council, on or before January 1, 2028, to adopt or modify forms necessary for implementation.
FISCAL EFFECT:
- One-time costs of approximately $80,000 in the first year of implementation, up to $1.2 million in the second year, and approximately $400,000 ongoing annually (General Fund) to the Department of Justice (DOJ) to hire additional staff and procure IT services necessary to implement the bill, particularly to accommodate the expansion of eligible courses of conduct for which temporary restraining order may be sought. According to DOJ, in addition to the cited costs, a delayed implementation of July 1, 2029, is needed to facilitate implementation of this bill.
- Minor and absorbable costs to Judicial Council.
- Minor and absorbable costs for the UC, CSU, and CCCs to adjust existing policies as needed to reflect additional authority provided by this bill. However, to the extent the additional authority results in several campuses of the UC, CSU, and CCC having to file for restraining orders against individuals, administrative costs statewide could reach into the hundreds of thousands of dollars, cumulatively statewide (General Fund and Proposition 98 General Fund).
- 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.
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 state budget provides annual General Fund backfills to the Trial Court Trust Fund to offset revenue reductions, totaling approximately $117.3 million in 2025-26.
COMMENTS:
- Purpose. According to the author:
Campus leaders are responsible for safeguarding thousands of students, faculty, and staff, yet under existing law they lack clear standing to obtain civil protective orders when the institution itself is the target. SB 1374 provides a clear, court supervised mechanism to intervene early, before threats escalate into acts of violence on campus.
- 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. 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. Current law authorizes the administrator of a public postsecondary educational institution in California to seek and obtain a school violence restraining order to protect a student. This bill expands such authority to apply to restraining orders to protect a campus property or facility. Additionally, current law defines the course of conduct for which a restraining order may be sought to include telephone calls or emails to a student, which this bill expands to include potentially any form of correspondence, not limited to phone calls or emails, and includes correspondence sent to a campus, its employees, or a chief administrative officer.
Analysis Prepared by: Aaron Heredia / APPR. / (916) 319-2081
Date of Hearing: June 23, 2026
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Mike Fong, Chair
SBPCA Bill Id:SB 1374
Author:(Niello) – As Amended Ver:June 16, 2026
SENATE VOTE: 38-0
SUBJECT: Restraining orders: educational institutions
SUMMARY: Expands authorization for a chief administrative officer of a postsecondary education institution to seek a temporary restraining order or an injunction on behalf of the campus when a credible threat to the safety of the campus is made, in order to protect the campus population from an escalation of violence on campus. Specifically, this bill:
- Permits a chief administrative officer of a postsecondary education institution or their designee, who has become aware of either unlawful violence or a credible threat of unlawful violence towards a campus, to seek a temporary restraining order and an order after hearing on behalf of the postsecondary education institution and at the discretion of the court issuing the order, any property of the campus or facility which are owned by the postsecondary education institution.
- Expands the definition of course of conduct that may be used to demonstrate a credible threat or unlawful act to include the following actions:
- Making telephone calls or sending correspondence including, but not limited to emails, to a student;
- Making telephone calls or sending correspondence, including emails, to the campus or its employees; and,
- Sending correspondence to the chief administrative officer by any means, including, but not limited to, the use of private mails, interoffice mail, facsimile, or email.
- Expands the definition of credible threat for the purpose of demonstrating a need for the temporary restraining order and an order after a hearing to include knowing and willful statements or course of conduct that would place a reasonable person, including, a person at a school campus or facility, in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
- Expands the definition of “temporary restraining order” and “order after hearing” to include an order that would enjoin a party from harassing, intimidating, attacking, striking, stalking, threatening, telephoning, emailing, including, but not limited to, making annoying telephone calls or sending annoying email correspondence as described in Section 653m of the Penal Code, destroying property, contacting directly or indirectly by mail or otherwise or coming within a specified distance of a school campus or facility.
- Permits a petitioner to obtain a temporary restraining order if the petitioner also files a declaration that shows reasonable proof, that satisfies the court, that a student or other person at a school campus or facility has suffered unlawful violence or a credible threat of violence by the respondent and that great or irreparable harm would result to the student or other person at the school campus or facility. The temporary restraining order may include any of the protective order as defined in the statute.
- Requires the Judiciary Council, by January 1, 2028, to adopt or modify court forms to comply with changes as described above.
- Makes technical and conforming changes, including eliminating a passed operative date clause.
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 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:
- “Chief administration 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 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: Pursuant to Senate Rule 28.8, the Senate Committee on Appropriations determined the cost to the State was not significant.
COMMENTS: Double Referred. This measure was heard by the Assembly Committee on the Judiciary on June 09, 2026, as a consent item, and was passed out with a vote of 12-0. Please refer to the Judiciary analysis of the measure for a full discussion of the bill as it pertains to the jurisdiction of the Judiciary Committee; including, but not limited to descriptions of restraining orders and injunctions authorized by the measure.
Author’s statement. As outlined by the author, “SB 1374 empowers higher education institutions to provide safer communities by providing an additional preemptive measure to deter threats by permitting restraining orders on behalf of the institution itself when threats are made towards a campus. This bill will provide a crucial tool to ensure institutions are able to maintain safe learning environments.”
The author further explains the need for the measure, because “when institutions are targeted with threats, the resulting lockdowns, disruptions, and fear undermine students’ ability to learn and faculty’s ability to teach. SB 1374 will help campuses maintain a safe, stable environment by allowing them to seek timely court orders that can deter or restrict dangerous conduct before it reaches the classroom, residence hall, or campus event.”
The author contends that “campus leaders are responsible for safeguarding thousands of students, faculty, and staff, yet under existing law they lack clear standing to obtain civil protective orders when the institution itself is the target. SB 1374 provides a clear, court supervised mechanism to intervene early, before threats escalate into acts of violence on campus.”
Need for the measure. In 2018, the California Supreme Court determined in Regents of the University of California v. Superior Court of Los Angeles County (Rosen) (Cal. March 22, 2018), that colleges and universities have a duty to protect students from foreseeable violence during curricular activities.[1] Laws have been enacted to address actual acts of violence or disaster on campus, questions have been raised as to how campuses are to address “threats” of violence to the campus. Existing law allows a campus to address a threat of violence to a student with a restraining order or an injunction; however, it is unclear if the university or college itself can secure a restraining order or an injunction if a broad threat to the campus community rather than an individual. SB 1374 (Niello) seeks to provide a legal avenue for colleges and universities to fulfill their duty to protect students by granting postsecondary education institutions the ability to seek temporary restraining orders and injunctions for credible threats made to campus. The measure expands the scope of “conduct” and the type of injunctions a campus may request of the court to ensure every type of threat is considered and addressed by the statute.
This measure is timely as several California State University (CSU) campuses have experienced threats to the campus at large in recent years. As outlined by the author in the background document provided to the committee:
- CSU Northridge received various threats during finals week in 2018; which resulted in alternative formats for final exams;
- Early this year, CSU Bakersfield received an anonymous call that someone was going to shoot people at the school and threatened to blow themselves up; and,
- San Diego State University has received credible threats from an individual on an SDSU-restricted online platform; however, since the threat was not directed at an individual student or employee, the campus was unable to obtain a long-term restraining order even after the poster was identified.
SB 1374 (Niello) would establish permissions for all postsecondary education institutions to seek a temporary restraining order or an injunction against a person who has made a credible threat, even if the threat is to the campus at large and not towards a specific individual.
Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998. Colleges and universities have an obligation to safe and supportive educational environments for all students. The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) was enacted in 1990 to address security failings that lead to the death of a 19 year old who was murdered 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. The Clery Act does not address how a campus is to respond to “threats” made to the campus; instead the Clery Act only responds to crimes that have transpired rather than threats of a crime being committed. SB 1374 (Niello) seeks to allow a campus to respond to a threat and protect the campus population prior to a crime being committed.
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 Education Code is silent on how threats on- or off- 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.”[2] Each UC campus has campus police who each respond to threats made on-campus.
Arguments in support. As the sponsors of the Legislation, the California State University, Chancellor’s Office states, “while current law allows institutions to seek restraining orders on behalf of students or an employee who receives threats, it does not clearly authorize institutions to seek similar protection when threats are directed at the institution itself. In a time of increasing threats and harassment aimed at universities and other institutions, the gap in current law limits the CSU’s ability to respond swiftly and effectively. By authorizing chief administrative officers to seek restraining orders on behalf of the institution, SB 1374 ensures that institutions and the courts can intervene when unlawful violence or credible threats target the broader campus community. This bill serves as a critical preemptive measure by allowing institutions to intervene at the point of credible threats or escalating harassment—before conduct turns into physical violence, unlawful acts, or irreversible harm to students, staff, or campus operations.”
Previous legislation.
- SB 19 (Rubio), Chapter 594, Statues of 2025, expanded criminal law to make it a crime to willfully threaten a person, or persons at a daycare, school, university, workplace, house of worship, or medical facility.
- SB 2096 (Petrie-Norris), Chapter 947, Statutes of 2024, authorized 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.
REGISTERED SUPPORT / OPPOSITION:
Support
Association of Independent California Colleges & Universities (AICCU)
California State University, Office of the Chancellor
San Diego County District Attorney's Office
San Diego State University
The California Baptist Capitol Ministry
University of California
Opposition
None on file.
Analysis Prepared by: Ellen Cesaretti-Monroy / HIGHER ED. / (916) 319-3960
Date of Hearing: June 9, 2026
ASSEMBLY COMMITTEE ON JUDICIARY
Ash Kalra, Chair
SBPCA Bill Id:SB 1374
Author:(Niello) – As Amended Ver:April 13, 2026
As Proposed to be Amended
SENATE VOTE: 38-0
SUBJECT: RESTRAINING ORDERS: EDUCATIONAL INSTITUTIONS
SYNOPSIS
The United States is devastatingly familiar with incidents of violence on college and university campuses, and California is no exception. Existing law provides for a variety of different types of protective orders, also commonly referred to as restraining 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. Petitioners may seek protective orders to be issued under a variety of circumstances to prevent various forms of harm, including civil harassment, workplace violence, domestic violence, and, of relevance to this measure, postsecondary education violence. However, under the statute today, a school administrator can only seek a restraining order against an individual threatening to harm an individual student or other similarly situated students or faculty. While this may cover some of the types of harm threatened on school campuses, it is a far cry from ensuring complete protection when threats are levied against a whole campus, regardless of any single student or individual. This bill would expand existing authorization for the chief executive officer of a postsecondary educational institution to seek a restraining order to also include orders protecting an entire institution. In response to feedback from the Judicial Council, the author has agreed to amendments to grant Judicial Council until January 1, 2028 to develop the necessary forms to implement this new authority. This amendment is incorporated into the SUMMARY section of this analysis.
This bill is sponsored by the California State University and San Diego State University. It is supported by the University of California, the San Diego County District Attorney’s Office, and the Association of Independent California Colleges and Universities. There is no known opposition. Should this bill be approved by this Committee it will be referred to the Assembly Committee on Higher Education.
SUMMARY: Authorizes a chief executive officer of a postsecondary educational institution or their designee to seek a temporary restraining order and order after hearing on behalf of the institution. Specifically, this bill:
- 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, which has become aware of an unlawful violence or credible threat of violence towards a campus, to seek a temporary restraining order and an order after hearing on behalf of the institution and grants the court discretion to extend the order to any property of the campus or facility which are owned by the institution.
- Expands the definition of “course of conduct” to include sending correspondence, including but not limited to, email correspondence to a student; making telephone calls or sending correspondence, including, but not limited to, email correspondence to the campus or its employees; and sending correspondence to a chief administrative officer by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or email.
- Expands the definition of “credible threat of violence” to include course of conduct that would place a reasonable person, including a person at a school campus or facility, in reasonable fear for their safety.
- Expands the definition of “temporary restraining order” and “order after hearing” to include an order enjoining a party from harassing, intimidating, attacking, striking, stalking, threatening, telephoning, emailing, including, but not limited to, making annoying telephone calls or sending annoying email correspondence as described in Section 653m of the Penal Code, destroying property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of a school campus or facility.
- Revises requirements that a petitioner file a declaration that, to the satisfaction of the court, shows reasonable proof that a student or other person at a school campus or facility has suffered lawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to the student or other person at the school campus or facility in order to obtain a temporary restraining order in accordance with Code of Civil Procedure Section 527 (a).
- Grants the Judicial Council of California until January 1, 2028 to develop the forms necessary to implement the bill’s provisions.
EXISTING LAW:
- Authorizes 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 (TRO) and an order after hearing on behalf of the student, and on behalf of any other similarly situated students or faculty on the campus at the discretion of the court, if each of the following conditions are met:
- The student 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.
- The chief executive officer or their designee obtains the written consent of the student. (Code of Civil Procedure Section 527.85.)
- Establishes procedures and timelines for issuance of a temporary restraining order and order after hearing, including limiting a TRO to 21 days unless otherwise modified or terminated by the court, during which time the court must hold a hearing on the petition. (Code of Civil Procedure Section 527.85 (g) – (h).)
- Authorizes a court to grant a preliminary injunction at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor. Prohibits a preliminary injunction from being granted without notice to the opposing party. (Code of Civil Procedure Section 527 (a).)
- Sets forth standards and procedures under which an employer or collective bargaining representative of an employee may seek a civil restraining order on behalf of an employee who has suffered harassment, unlawful violence, or a credible threat of violence that can reasonably be construed to be carried out or to have been carried out at the workplace and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. (Code of Civil Procedure Section 527.8.)
- Makes every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and address to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, guilty of a misdemeanor. Makes every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device, or makes any combination of calls or contact, to another person, whether or not conversation ensues from making the telephone call or contact by means of an electronic communication device, guilty of a misdemeanor. (Penal Code Section 653m (a) – (b).)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: Violence at colleges and universities can cause both physical and emotional harm to students, faculty, and staff, and can significantly disrupt the learning environment. The same is often true when a campus receives a threat of violence, whether targeted at an individual or the campus as a whole. One of the tools available to students and administrators facing actual or potential violence is to seek a restraining order prohibiting the respondent from contacting or coming within a certain distance of the protected party.
A brief summary of civil restraining orders. Existing law provides for a variety of different types of protective orders, also commonly referred to as restraining 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. Petitioners may seek protective orders to be issued under a variety of circumstances to prevent various forms of harm, including civil harassment (Code of Civil Procedure Section 527.6(d)); workplace violence (Code of Civil Procedure 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.
Postsecondary institutions may also be entitled to specific 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. In 2024, that statute was expanded via AB 2096 (Petrie-Norris), Chap. 947, Stats. 2024 to allow administrators of public postsecondary institutions to seek a TRO and order after hearing.
To qualify for a TRO or order after hearing under Code of Civil Procedure Section 527.85, an administrator or their designee must get the written consent of the student who suffered the harassment that can reasonably be understood to be, or was, carried out on campus. The administrator is also authorized to seek the order on behalf of the institution’s similarly situated students and staff. In other words, if a single student receives harassing emails or other contact threatening to cause them and their classmates harm, an administrator could theoretically petition for a restraining order to protect that student and that student’s class and instructors, provided the student grants written consent. However, current law appears to limit access to protective orders to circumstances where an individual is the target, and does not necessarily capture circumstances where the target is the campus more generally.
According to the author:
SB 1374 empowers higher education institutions to provide safer communities by providing an additional preemptive measure to deter threats by permitting restraining orders on behalf of the institution itself when threats are made towards a campus. This bill will provide a crucial tool to ensure institutions are able to maintain safe learning environments.
When institutions are targeted with threats, the resulting lockdowns, disruptions, and fear undermine students’ ability to learn and faculty’s ability to teach. SB 1374 will help campuses maintain a safe, stable environment by allowing them to seek timely court orders that can deter or restrict dangerous conduct before it reaches the classroom, residence hall, or campus event.
Campus leaders are responsible for safeguarding thousands of students, faculty, and staff, yet under existing law they lack clear standing to obtain civil protective orders when the institution itself is the target. SB 1374 provides a clear, court‑supervised mechanism to intervene early, before threats escalate into acts of violence on campus.
This bill attempts to bridge the gap in Section 527.85 where a person who may intend harm against a whole campus, rather than one specific individual. The bill amends Code of Civil Procedure Section 527.85 to allow an administrator “which has become aware of an unlawful violence or a credible threat of violence towards a campus” to seek a TRO and order after hearing on behalf of the whole institution. Additionally, the bill grants courts the discretion to extend the order to any campus property or facility owned by the institution. The bill makes conforming changes to ensure that harassing behavior towards a campus or its employees generally clearly constitutes a credible threat of violence sufficient to justify a TRO and order after hearing.
It should be noted that employers can already seek restraining orders on behalf of employees to protect against threats that could be carried out in the workplace, and that those orders can extend to multiple worksites. Additionally, AB 1961 (Ahrens), which explicitly authorizes employers to seek restraining orders to protect a worksite generally absent a threat against a specific employee, was heard and approved by this Committee earlier this year. It is possible that the circumstances contemplated by this bill and its author and sponsors may be covered by that legislation, as a threat to a campus generally would necessarily also threaten the employees that work there. Nevertheless, to the extent that violence in and around colleges and universities are devastatingly prevalent throughout the country, and in the event AB 1961 fails to address the specific circumstances relevant to postsecondary institutions, any effort to stem such harms is understandable and laudable.
ARGUMENTS IN SUPPORT: This bill is sponsored by the California State University (CSU), San Diego State University. It is also supported by the University of California, the San Diego County District Attorney’s Office, and the Association of Independent California Colleges and Universities. In support of the measure, the CSU submits:
While current law allows institutions to seek restraining orders on behalf of students or an employee who receives threats, it does not clearly authorize institutions to seek similar protection when threats are directed at the institution itself. In a time of increasing threats and harassment aimed at universities and other institutions, the gap in current law limits the CSU’s ability to respond swiftly and effectively. By authorizing chief administrative officers to seek restraining orders on behalf of the institution, SB 1374 ensures that institutions and the courts can intervene when unlawful violence or credible threats target the broader campus community. This bill serves as a critical preemptive measure by allowing institutions to intervene at the point of credible threats or escalating harassment—before conduct turns into physical violence, unlawful acts, or irreversible harm to students, staff, or campus operations.
REGISTERED SUPPORT / OPPOSITION:
Support
California State University, Office of the Chancellor (co-sponsor)
San Diego State University (co-sponsor)
Association of Independent California Colleges & Universities
San Diego County District Attorney's Office
University of California
Opposition
None on file
Analysis Prepared by: Manuela Boucher-de la Cadena / JUD. / (916) 319-2334
Date of Hearing: June 9, 2026
ASSEMBLY COMMITTEE ON JUDICIARY
Ash Kalra, Chair
SBPCA Bill Id:SB 1374
Author:(Niello) – As Amended Ver:April 13, 2026
As Proposed to be Amended
SENATE VOTE: 38-0
SUBJECT: RESTRAINING ORDERS: EDUCATIONAL INSTITUTIONS
SYNOPSIS
The United States is devastatingly familiar with incidents of violence on college and university campuses, and California is no exception. Existing law provides for a variety of different types of protective orders, also commonly referred to as restraining 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. Petitioners may seek protective orders to be issued under a variety of circumstances to prevent various forms of harm, including civil harassment, workplace violence, domestic violence, and, of relevance to this measure, postsecondary education violence. However, under the statute today, a school administrator can only seek a restraining order against an individual threatening to harm an individual student or other similarly situated students or faculty. While this may cover some of the types of harm threatened on school campuses, it is a far cry from ensuring complete protection when threats are levied against a whole campus, regardless of any single student or individual. This bill would expand existing authorization for the chief executive officer of a postsecondary educational institution to seek a restraining order to also include orders protecting an entire institution. In response to feedback from the Judicial Council, the author has agreed to amendments to delay implementation of the measure until January 1, 2028. This amendment is incorporated into the SUMMARY section of this analysis.
This bill is sponsored by the California State University and San Diego State University. It is supported by the University of California, the San Diego County District Attorney’s Office, and the Association of Independent California Colleges and Universities. There is no known opposition. Should this bill be approved by this Committee it will be referred to the Assembly Committee on Higher Education.
SUMMARY: Authorizes a chief executive officer of a postsecondary educational institution or their designee to seek a temporary restraining order and order after hearing on behalf of the institution. Specifically, this bill:
- 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, which has become aware of an unlawful violence or credible threat of violence towards a campus, to seek a temporary restraining order and an order after hearing on behalf of the institution and grants the court discretion to extend the order to any property of the campus or facility which are owned by the institution.
- Expands the definition of “course of conduct” to include sending correspondence, including but not limited to, email correspondence to a student; making telephone calls or sending correspondence, including, but not limited to, email correspondence to the campus or its employees; and sending correspondence to a chief administrative officer by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or email.
- Expands the definition of “credible threat of violence” to include course of conduct that would place a reasonable person, including a person at a school campus or facility, in reasonable fear for their safety.
- Expands the definition of “temporary restraining order” and “order after hearing” to include an order enjoining a party from harassing, intimidating, attacking, striking, stalking, threatening, telephoning, emailing, including, but not limited to, making annoying telephone calls or sending annoying email correspondence as described in Section 653m of the Penal Code, destroying property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of a school campus or facility.
- Revises requirements that a petitioner file a declaration that, to the satisfaction of the court, shows reasonable proof that a student or other person at a school campus or facility has suffered lawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to the student or other person at the school campus or facility in order to obtain a temporary restraining order in accordance with Code of Civil Procedure Section 527 (a).
- Delays implementation of the bill until January 1, 2028.
EXISTING LAW:
- Authorizes 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 (TRO) and an order after hearing on behalf of the student, and on behalf of any other similarly situated students or faculty on the campus at the discretion of the court, if each of the following conditions are met:
- The student 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.
- The chief executive officer or their designee obtains the written consent of the student. (Code of Civil Procedure Section 527.85.)
- Establishes procedures and timelines for issuance of a temporary restraining order and order after hearing, including limiting a TRO to 21 days unless otherwise modified or terminated by the court, during which time the court must hold a hearing on the petition. (Code of Civil Procedure Section 527.85 (g) – (h).)
- Authorizes a court to grant a preliminary injunction at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor. Prohibits a preliminary injunction from being granted without notice to the opposing party. (Code of Civil Procedure Section 527 (a).)
- Sets forth standards and procedures under which an employer or collective bargaining representative of an employee may seek a civil restraining order on behalf of an employee who has suffered harassment, unlawful violence, or a credible threat of violence that can reasonably be construed to be carried out or to have been carried out at the workplace and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. (Code of Civil Procedure Section 527.8.)
- Makes every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and address to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, guilty of a misdemeanor. Makes every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device, or makes any combination of calls or contact, to another person, whether or not conversation ensues from making the telephone call or contact by means of an electronic communication device, guilty of a misdemeanor. (Penal Code Section 653m (a) – (b).)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: Violence at colleges and universities can cause both physical and emotional harm to students, faculty, and staff, and can significantly disrupt the learning environment. The same is often true when a campus receives a threat of violence, whether targeted at an individual or the campus as a whole. One of the tools available to students and administrators facing actual or potential violence is to seek a restraining order prohibiting the respondent from contacting or coming within a certain distance of the protected party.
A brief summary of civil restraining orders. Existing law provides for a variety of different types of protective orders, also commonly referred to as restraining 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. Petitioners may seek protective orders to be issued under a variety of circumstances to prevent various forms of harm, including civil harassment (Code of Civil Procedure Section 527.6(d)); workplace violence (Code of Civil Procedure 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.
Postsecondary institutions may also be entitled to specific 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. In 2024, that statute was expanded via AB 2096 (Petrie-Norris), Chap. 947, Stats. 2024 to allow administrators of public postsecondary institutions to seek a TRO and order after hearing.
To qualify for a TRO or order after hearing under Code of Civil Procedure Section 527.85, an administrator or their designee must get the written consent of the student who suffered the harassment that can reasonably be understood to be, or was, carried out on campus. The administrator is also authorized to seek the order on behalf of the institution’s similarly situated students and staff. In other words, if a single student receives harassing emails or other contact threatening to cause them and their classmates harm, an administrator could theoretically petition for a restraining order to protect that student and that student’s class and instructors, provided the student grants written consent. However, current law appears to limit access to protective orders to circumstances where an individual is the target, and does not necessarily capture circumstances where the target is the campus more generally.
According to the author:
SB 1374 empowers higher education institutions to provide safer communities by providing an additional preemptive measure to deter threats by permitting restraining orders on behalf of the institution itself when threats are made towards a campus. This bill will provide a crucial tool to ensure institutions are able to maintain safe learning environments.
When institutions are targeted with threats, the resulting lockdowns, disruptions, and fear undermine students’ ability to learn and faculty’s ability to teach. SB 1374 will help campuses maintain a safe, stable environment by allowing them to seek timely court orders that can deter or restrict dangerous conduct before it reaches the classroom, residence hall, or campus event.
Campus leaders are responsible for safeguarding thousands of students, faculty, and staff, yet under existing law they lack clear standing to obtain civil protective orders when the institution itself is the target. SB 1374 provides a clear, court‑supervised mechanism to intervene early, before threats escalate into acts of violence on campus.
This bill attempts to bridge the gap in Section 527.85 where a person who may intend harm against a whole campus, rather than one specific individual. The bill amends Code of Civil Procedure Section 527.85 to allow an administrator “which has become aware of an unlawful violence or a credible threat of violence towards a campus” to seek a TRO and order after hearing on behalf of the whole institution. Additionally, the bill grants courts the discretion to extend the order to any campus property or facility owned by the institution. The bill makes conforming changes to ensure that harassing behavior towards a campus or its employees generally clearly constitutes a credible threat of violence sufficient to justify a TRO and order after hearing.
It should be noted that employers can already seek restraining orders on behalf of employees to protect against threats that could be carried out in the workplace, and that those orders can extend to multiple worksites. Additionally, AB 1961 (Ahrens), which explicitly authorizes employers to seek restraining orders to protect a worksite generally absent a threat against a specific employee, was heard and approved by this Committee earlier this year. It is possible that the circumstances contemplated by this bill and its author and sponsors may be covered by that legislation, as a threat to a campus generally would necessarily also threaten the employees that work there. Nevertheless, to the extent that violence in and around colleges and universities are devastatingly prevalent throughout the country, and in the event AB 1961 fails to address the specific circumstances relevant to postsecondary institutions, any effort to stem such harms is understandable and laudable.
ARGUMENTS IN SUPPORT: This bill is sponsored by the California State University (CSU), San Diego State University. It is also supported by the University of California, the San Diego County District Attorney’s Office, and the Association of Independent California Colleges and Universities. In support of the measure, the CSU submits:
While current law allows institutions to seek restraining orders on behalf of students or an employee who receives threats, it does not clearly authorize institutions to seek similar protection when threats are directed at the institution itself. In a time of increasing threats and harassment aimed at universities and other institutions, the gap in current law limits the CSU’s ability to respond swiftly and effectively. By authorizing chief administrative officers to seek restraining orders on behalf of the institution, SB 1374 ensures that institutions and the courts can intervene when unlawful violence or credible threats target the broader campus community. This bill serves as a critical preemptive measure by allowing institutions to intervene at the point of credible threats or escalating harassment—before conduct turns into physical violence, unlawful acts, or irreversible harm to students, staff, or campus operations.
REGISTERED SUPPORT / OPPOSITION:
Support
California State University, Office of the Chancellor (co-sponsor)
San Diego State University (co-sponsor)
Association of Independent California Colleges & Universities
San Diego County District Attorney's Office
University of California
Opposition
None on file
Analysis Prepared by: Manuela Boucher-de la Cadena / JUD. / (916) 319-2334
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | SB 1374 |
THIRD READING
Bill No: SB 1374
Author: Niello (R), et al.
Amended: 4/13/26
Vote: 21
SENATE JUDICIARY COMMITTEE: 12-0, 3/24/26
AYES: Umberg, Niello, Allen, Caballero, Durazo, Laird, Reyes, Stern, Valladares, Wahab, Weber Pierson, Wiener
NO VOTE RECORDED: Ashby
SENATE EDUCATION COMMITTEE: 7-0, 4/22/26
AYES: Pérez, Ochoa Bogh, Cabaldon, Choi, Cortese, Gonzalez, Reyes
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Restraining orders: educational institutions
SOURCE: California State University, Office of the Chancellor
DIGEST:
This bill authorizes a chief administrative officer of a postsecondary educational institution, or a designated officer or employee, to seek a temporary restraining order and an order after hearing on behalf of the institution in order to maintain order on the school campus or facility which is subject to unlawful violence or a credible threat of violence directed towards the postsecondary educational institution.
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 an 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:
- 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 of Civil Procedure (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 provided. (Code Civ. Proc., § 527.85(e)-(k), (m), (o), (p).)
- Provides that a person who is subject to a protective order issued under 3) cannot own, possess, receive, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect. (Code Civ. Proc., § 527.9.)
- 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 as a crime. (Penal Code § 29825.)
- Provides that nothing in 2) through 4) prevents either party from representation by private counsel or from appearing on their own behalf. (Code Civ. Proc., § 527.85(l).)
This bill:
- 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 institution, and at the discretion of the court, any property of the campus or facility which are owned by the institution.
- Expands the definition of “course of conduct” to include making telephone calls to the school campus or facility and sending correspondence to a chief administrative officer by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or computer email.
- Provides that a “temporary restraining order” and “order after hearing” may include an order enjoining a party from: harassing; intimidating; attacking; striking; stalking; threatening; telephoning, including, but not limited to, making annoying telephone calls as defined; destroying property; contacting, either directly or indirectly, by mail or otherwise; or coming within a specified distance of a school campus or facility.
- Makes clarifying changes.
Comments
A 2025 report from the Homeland Security Operational Analysis Center (HSOAC) shows campus crime at institutions of higher education across the U.S. has returned to pre- COVID-19 pandemic levels. The sponsor and author of this bill note that threats can cause disruptions during key academic deadlines, such as during finals or midterm exams. For example, in 2018 California State University, Northridge (CSUN) received alleged threats to campus during finals week in December, which resulted in alternative arrangements needing to be made that did not require students to be on campus during finals week.[1] In February of this year, California State University, Bakersfield (CSUB) received an anonymous call alleging that someone was going to shoot people at the school and blow themselves up, which led to fear and panic for the campus community and a campus-wide lockdown that asked staff and students to shelter in place.[2] According to the author and sponsor, a troubling incident that occurred at San Diego State University (SDSU) highlights why this bill is needed. They report:
In March 2024, Student A began posting on SDSU-restricted online platforms. These posts contained violent, sexual, and concerning content and were forwarded to University Police Department (UPD) by a student. UPD’s Threat Management Team (TMT) was notified, and monitoring began. Additionally, coordination with local law enforcement for monitoring began. In 2025, SDSU worked with the FBI on the case, as the student was serving in the U.S. Marine Corps Reserve. Since the threats were not specifically directed at an individual student or employee at SDSU, [SDSU] did not have the ability to have a long-term restraining order issued against the student. The student was suspended from SDSU, and the suspension was upheld. And in SDSU’s experience, the District Attorney and City Attorney do not always request a criminal restraining order even when specifically asked to include it as part of the prosecution.
In the example above no specific student or employee was targeted—but the campus generally— and therefore SDSU was unable to use existing Code of Civil Procedure Sections 527.8 or 527.85 to obtain a restraining order against the former student from entering campus.
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.[3] 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.[4] 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.[5]
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.[6] 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.[7] A person subject to a temporary restraining order or injunction under these provisions is required to relinquish firearms and ammunition under Code of Civil Procedure Section 527.9.
In 2024, these provisions were expanded to include public institutions in AB 2096 (Petrie-Norris, Chapter 947, Statutes of 2024). AB 2096 also expanded the conduct under which a restraining order can be sought to include unlawful violence.
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.[8] A protective order issued after hearing may run for only three years initially, rather than the five years permitted under the DVPA.[9] 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.[10]
This bill expands the existing provisions of Code of Civil Procedure Section 527.85 to authorize a chief administrative officer of a postsecondary educational institution, or a designated officer or employee, to seek a temporary restraining order and an order after a hearing on behalf of the institution itself in order to maintain order on the school campus or facility when it is subject to unlawful violence or a credible threat of violence towards the campus.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
California State University, Office of the Chancellor (source)
Association of Independent California Colleges & Universities
San Diego County District Attorney's Office
San Diego State University
University of California
OPPOSITION: (Verified 5/4/26)
None received
ARGUMENTS IN SUPPORT: The author writes:
SB 1374 empowers higher education institutions to provide safer communities by providing an additional preemptive measure to deter threats by permitting restraining orders on behalf of the institution itself when threats are made towards a campus. This bill will provide a crucial tool to ensure institutions are able to maintain safe learning environments.
When institutions are targeted with threats, the resulting lockdowns, disruptions, and fear undermine students’ ability to learn and faculty’s ability to teach. SB 1374 will help campuses maintain a safe, stable environment by allowing them to seek timely court orders that can deter or restrict dangerous conduct before it reaches the classroom, residence hall, or campus event.
Campus leaders are responsible for safeguarding thousands of students, faculty, and staff, yet under existing law they lack clear standing to obtain civil protective orders when the institution itself is the target. SB 1374 provides a clear, court supervised mechanism to intervene early, before threats escalate into acts of violence on campus.
The California State University, Office of the Chancellor, source of this bill, writes:
The California State University (CSU) is pleased to sponsor and support Senate Bill 1374 […] While current law allows institutions to seek restraining orders on behalf of students or an employee who receives threats, it does not clearly authorize institutions to seek similar protection when threats are directed at the institution itself.
In a time of increasing threats and harassment aimed at universities and other institutions, the gap in current law limits CSU’s ability to respond swiftly and effectively. By authorizing chief administrative officers to seek restraining orders on behalf of the institution, SB 1374 ensures that institutions and the courts can intervene when unlawful violence or credible threats target the broader campus community. This bill serves as a critical preemptive measure by allowing institutions to intervene at the point of credible threats or escalating harassment before conduct turns into physical violence, unlawful acts, or irreversible harm to students, staff, or campus operations.
Prepared by: Amanda Mattson / JUD. / (916) 651-4113
5/5/26 15:55:48
**** END ****
CSUN, Updates in Response to Threats to Campus, available at https://www.csun.edu/president/news/updates-response-threats-campus. ↑
CSUB, Instagram, (Feb. 2, 2026), available at https://www.instagram.com/p/DURkJ7jgTvQ/?hl=en. ↑
See Code Civ. Proc., § 527.85. ↑
Sen. Com. on Judiciary, Analysis of SB 188 (2009-2010 Reg. Sess.) as introduced, p. 1. ↑
See Code Civ. Proc., § 527.8. ↑
Id., Code Civ. Proc., § 527.85(a). ↑
Ibid. ↑
Id., Code Civ. Proc., § 527.85(o) ↑
Id., Code Civ. Proc., § 527.85(k). ↑
Id., Code Civ. Proc., § 527.85(b); see Id., Code Civ. Proc., § 527.9. ↑
SENATE COMMITTEE ON EDUCATION
Senator Sasha Renée Pérez, Chair
2025 - 2026 Regular
Bill No: Hearing Date: April 22, 2026
Author: | |||
Version: |
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Urgency: | Fiscal: | ||
Consultant: | |||
Subject: .
SUMMARY
This bill authorizes a chief administrative officer of a postsecondary educational institution or their designee to seek a temporary restraining order or an order after hearing on behalf of the institution when the officer becomes aware of unlawful violence or a credible threat of violence directed at the campus, as specified.
BACKGROUND
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) below.
- “Postsecondary educational institution” means an 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:
- An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including making annoying telephone calls 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) below, 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 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) cannot own, possess, receive, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect. (Code Civ. Proc., § 527.9)
- 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 as a crime. (Pen. Code § 29825.)
ANALYSIS
This bill authorizes a postsecondary educational institution to seek a temporary restraining order and an order after hearing on behalf of the institution. Specifically, it:
- Authorizes a chief administrative officer of a postsecondary educational institution or their designee in order to maintain order on the school campus or facility to seek a temporary restraining order and an order after hearing on behalf of the institution and, at the discretion of the court, its property when the officer becomes aware of unlawful violence or a credible threat of violence towards a campus.
- Expands the types of conduct that may support issuance of a restraining order, including communications such as making telephone calls or email correspondence directed to the campus or its employees as well as sending correspondence to the chief administrative officer.
- Clarifies the definition of “credible threat of violence” to include a statement or course of conduct that would place a reasonable person, including a person at a school campus or facility, in fear for their safety or the safety of their immediate family and that serves no legitimate purpose.
- Authorizes a court to issue an order enjoining a party from harassing, intimidating, attacking, stalking, threatening, telephoning, emailing, destroying property, contacting, or coming within a specified distance of a school campus or facility.
- Modifies the temporary restraining order provision governing relief upon filing a petition by requiring a declaration showing reasonable proof that a student or other person at a school campus or facility has suffered unlawful violence or a credible threat of violence and that great or irreparable harm would result to that student or other person at the school campus or facility.
- Makes other clarifying and conforming changes.
STAFF COMMENTS
- Need for the bill. According to the author, “SB 1374 empowers higher education institutions to provide safer communities by providing an additional preemptive measure to deter threats by permitting restraining orders on behalf of the institution itself when threats are made towards a campus. This bill will provide a crucial tool to ensure institutions are able to maintain safe learning environments.
“When institutions are targeted with threats, the resulting lockdowns, disruptions, and fear undermine students’ ability to learn and faculty’s ability to teach. SB 1374 will help campuses maintain a safe, stable environment by allowing them to seek timely court orders that can deter or restrict dangerous conduct before it reaches the classroom, residence hall, or campus event.
“Campus leaders are responsible for safeguarding thousands of students, faculty, and staff, yet under existing law they lack clear standing to obtain civil protective orders when the institution itself is the target. SB 1374 provides a clear, court supervised mechanism to intervene early, before threats escalate into acts of violence on campus.”
- Related incident. The CSU, the sponsors of this measure, cite a recent incident at San Diego State University (SDSU) as the motive for the bill. In March 2024, a student began posting on SDSU-restricted online platforms. These posts contained violent, sexual, and concerning content and were forwarded to the University Police Department (UPD) by a student. UPD’s Threat Management Team (TMT) was notified, and monitoring began. Additionally, coordination with local law enforcement for monitoring began. In 2025, SDSU worked with the FBI on the case, as the student was serving in the U.S. Marine Corps Reserve.
In this case the campus conducted a student conduct investigation and found the student responsible for misconduct. Following that determination using internal processes and procedures, campus leadership, including student affairs and legal counsel, imposed expulsion. As a result, the student is barred from enrolling at any CSU campus. This action was based solely on CSU’s internal disciplinary process and was not tied to any restraining order or court intervention. Once expelled, the individual is no longer subject to university authority. While enrolled, campuses may issue administrative directives, such as no-contact orders that restrict access to campus property. However, these directives are enforceable only through the student disciplinary process and do not carry legal or criminal penalties if violated.
Since the threats were not specifically directed at an individual student or employee at SDSU, CSU did not have the ability to have a long-term restraining order issued against the student. The student was suspended from SDSU, and the suspension was upheld.
- Remedies currently available. Existing law establishes an avenue by which a campus (public and private) may seek a temporary restraining order on behalf of a student who has received a threat of violence in order to protect the student. This bill permits an institution to seek a temporary restraining order on behalf of the institution when a credible threat is directed towards the campus, not just to an individual. Existing law specifies that a court may not issue a temporary restraining order or order after hearing for prohibiting free speech or other activities that are constitutionally protected.
- Heard by the Senate Judiciary Committee. This bill was heard by the Senate Judiciary Committee on March 24, 2026, where it passed on consent. The committee analysis notes the following with regard to First Amendment protections:
The First Amendment of the United States Constitution and the corresponding provision of the California Constitution generally guarantee the freedoms of speech and expression. “The hallmark of the protection of free speech is to allow ‘free trade in ideas’—even ideas that the overwhelming majority of people might find distasteful or discomforting.”
But “the right of free speech is not absolute at all times and under all circumstances.” Restrictions on the content of speech are permissible “in a few limited areas, which are ‘of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.”
One such category of unprotected speech is true threats. True threats are “statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.” The “prohibition on true threats ‘protect[s] individuals from the fear of violence’ and ‘from the disruption that fear engenders,’ in addition to protecting people ‘from the possibility that the threatened violence will occur.” Because the bill is expressly targeted at credible threats of violence, the bill does not facially proscribe any protected speech. The bill also appears to be consistent with judicially created tests for when a restriction on speech is permissible. The existing law also specifically provides that it 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.”
- Other campus safety requirements. Existing federal law requires, under Title IX and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), colleges and universities, as a condition of participating in federal student aid programs, to do the following:
- Publish annual campus security reports, maintain crime logs, provide timely warnings of crimes that present a public safety risk, and maintain ongoing crime statistics.
- Establish certain rights for victims of sexual assault, including notification to victims of legal rights, availability of counseling, the results of disciplinary proceedings, safety options for victims, and offering prevention and awareness programs.
Under state law, Cal Grant qualifying higher education institutions are required to adopt and implement written policies and procedures to ensure that any report of a Part 1 violent crime (i.e., includes willful homicide, forcible rape, robbery, or sexual assault) or hate crime, committed on or off campus, received by a campus security authority, and made by the victim for purposes of notifying the institution or law enforcement, is forwarded to the appropriate law enforcement agency.
- Prior legislation.
AB 2096 (Petrie-Norris, Chapter 947, Statutes of 2024) is a related bill which permitted public postsecondary institutions to request a restraining order to seek a temporary restraining order and an injunction on behalf of a student who has been victim of harassment.
SUPPORT
California State University, Office of the Chancellor (sponsor)
Association of Independent California Colleges & Universities
San Diego County District Attorney’s Office
San Diego State University
University of California
OPPOSITION
None received
-- END --
Senator Thomas Umberg, Chair
2025-2026 Regular Session
Bill No: SB 1374 (Author:Niello)
Version: February 20, 2026
Hearing Date: March 24, 2026
Fiscal: Yes
Urgency: No
Consultant: AM
SUBJECT
Restraining orders: educational institutions
DIGEST
This bill authorizes a chief administrative officer of a postsecondary educational institution, or a designated officer or employee, to seek a temporary restraining order and an order after hearing on behalf of the institution in order to maintain order on the school campus or facility which is subject to unlawful violence or a credible threat of violence towards the campus.
EXECUTIVE SUMMARY
According to the author and sponsor, this bill is needed to allow institutions of higher education to ensure their campus communities are safe by providing these institutions with more tools to deter and preemptively prevent threats to a campus or other institution property. Existing law already allows an institution of higher education to seek a restraining order on behalf of a student or employee when credible threats are made.[1] This bill builds upon those existing provisions of law by additionally granting administrators the power to seek restraining orders on behalf of the institution when credible threats are made against the institution.
This bill is sponsored by the California State University, Office of the Chancellor, and supported by the San Diego County District Attorney’s Office and San Diego State University. There is no known opposition. Should this bill pass out of this Committee, it will next be heard in 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 an 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:
- 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) cannot own, possess, receive, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect. (Code Civ. Proc., § 527.9.)
- 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 as a crime. (Pen. Code § 29825.)
- Provides that nothing in 2) through 4) prevents either party from representation by private counsel or from appearing on their own behalf. (Code Civ. Proc., § 527.85(l).)
This bill:
- 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 institution, and at the discretion of the court, any property of the campus or facility which are owned by the institution.
- Expands the definition of “course of conduct” to include making telephone calls to the school campus or facility and sending correspondence to a chief administrative officer by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or computer email.
- Provides that a “temporary restraining order” and “order after hearing” may include an order enjoining a party from: harassing; intimidating; attacking; striking; stalking; threatening; telephoning, including, but not limited to, making annoying telephone calls as defined; destroying property; contacting, either directly or indirectly, by mail or otherwise; or coming within a specified distance of a school campus or facility.
- Makes clarifying changes.
COMMENTS
- Stated need for the bill
The author writes:
SB 1374 empowers higher education institutions to provide safer communities by providing an additional preemptive measure to deter threats by permitting restraining orders on behalf of the institution itself when threats are made towards a campus. This bill will provide a crucial tool to ensure institutions are able to maintain safe learning environments.
When institutions are targeted with threats, the resulting lockdowns, disruptions, and fear undermine students’ ability to learn and faculty’s ability to teach. SB 1374 will help campuses maintain a safe, stable environment by allowing them to seek timely court orders that can deter or restrict dangerous conduct before it reaches the classroom, residence hall, or campus event.
Campus leaders are responsible for safeguarding thousands of students, faculty, and staff, yet under existing law they lack clear standing to obtain civil protective orders when the institution itself is the target. SB 1374 provides a clear, court supervised mechanism to intervene early, before threats escalate into acts of violence on campus.
- This bill seeks to provide institutions of higher education additional preemptive measures to deter threats and seek restraining orders on behalf of the institution
- Threats to institutions of higher education
A 2025 report from the Homeland Security Operational Analysis Center (HSOAC) shows campus crime at institutions of higher education across the U.S. has returned to pre- COVID-19 pandemic levels. The sponsor and author of the bill note that threats can cause disruptions during key academic deadlines, such as during finals or midterm exams. For example, in 2018 California State University, Northridge (CSUN) received alleged threats to campus during finals week in December, which resulted in alternative arrangements needing to be made that did not require students to be on campus during finals week.[2] In February of this year, California State University, Bakersfield (CSUB) received an anonymous call alleging that someone was going to shoot people at the school and blow themselves up, which led to fear and panic for the campus community and a campus-wide lockdown that asked staff and students to shelter in place.[3]
According to the author and sponsor, a troubling incident that occurred at San Diego State University (SDSU) highlights why this bill is needed. They report:
In March 2024, Student A began posting on SDSU-restricted online platforms. These posts contained violent, sexual, and concerning content and were forwarded to University Police Department (UPD) by a student. UPD’s Threat Management Team (TMT) was notified, and monitoring began. Additionally, coordination with local law enforcement for monitoring began. In 2025, SDSU worked with the FBI on the case, as the student was serving in the U.S. Marine Corps Reserve. Since the threats were not specifically directed at an individual student or employee at SDSU, [SDSU] did not have the ability to have a long-term restraining order issued against the student. The student was suspended from SDSU, and the suspension was upheld. And in SDSU’s experience, the District Attorney and City Attorney do not always request a criminal restraining order even when specifically asked to include it as part of the prosecution.
In the example above no specific student or employee was targeted—but the campus generally— and therefore SDSU was unable to use existing Code of Civil Procedure Sections 527.8 or 527.85 to obtain a restraining order against the former student from entering campus.
- Prior legislation
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.[4] 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.[5] 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.[6]
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.[7] 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.[8] A person subject to a temporary restraining order or injunction under these provisions is required to relinquish firearms and ammunition under Code of Civil Procedure Section 527.9.
In 2024, these provisions were expanded to include public institutions in AB 2096 (Petrie-Norris, Ch. 947, Stats. 2024). AB 2096 also expanded the conduct under which a restraining order can be sought to include unlawful violence.
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.[9] A protective order issued after hearing may run for only three years initially, rather than the five years permitted under the DVPA.[10] 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.[11]
This bill expands the existing provisions of Code of Civil Procedure Section 527.85 to authorize a chief administrative officer of a postsecondary educational institution, or a designated officer or employee, to seek a temporary restraining order and an order after a hearing on behalf of the institution itself in order to maintain order on the school campus or facility when it is subject to unlawful violence or a credible threat of violence towards the campus.
- First Amendment Considerations
The First Amendment of the United States Constitution and the corresponding provision of the California Constitution generally guarantee the freedoms of speech and expression.[12] “The hallmark of the protection of free speech is to allow ‘free trade in ideas’—even ideas that the overwhelming majority of people might find distasteful or discomforting.”[13]
But “the right of free speech is not absolute at all times and under all circumstances.”[14] Restrictions on the content of speech are permissible “in a few limited areas, which are ‘of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.’ ”[15]
One such category of unprotected speech is true threats. True threats are “statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.”[16] The “prohibition on true threats ‘protect[s] individuals from the fear of violence’ and ‘from the disruption that fear engenders,’ in addition to protecting people ‘from the possibility that the threatened violence will occur.’ ”[17] Because the bill is expressly targeted at credible threats of violence, the bill does not facially proscribe any protected speech. The bill also appears to be consistent with judicially created tests for when a restriction on speech is permissible. The existing law also specifically provides that it 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.”[18]
- Statements in support
The California State University, Office of the Chancellor, sponsor of the bill, writes:
The California State University (CSU) is pleased to sponsor and support Senate Bill 1374… While current law allows institutions to seek restraining orders on behalf of students or an employee who receives threats, it does not clearly authorize institutions to seek similar protection when threats are directed at the institution itself.
In a time of increasing threats and harassment aimed at universities and other institutions, the gap in current law limits CSU’s ability to respond swiftly and effectively. By authorizing chief administrative officers to seek restraining orders on behalf of the institution, SB 1374 ensures that institutions and the courts can intervene when unlawful violence or credible threats target the broader campus community. This bill serves as a critical preemptive measure by allowing institutions to intervene at the point of credible threats or escalating harassment before conduct turns into physical violence, unlawful acts, or irreversible harm to students, staff, or campus operations.
SUPPORT
California State University, Office of the Chancellor (sponsor)
San Diego County District Attorney’s Office
San Diego State University
OPPOSITION
None received
RELATED LEGISLATION
Pending Legislation: None known.
Prior Legislation:
SB 19 (Rubio, Ch. 594, Stats. 2025) created a new crime of threatening to commit a crime that will result in death or great bodily injury at a daycare, school, university, workplace, house of worship, or medical facility, punishable as an alternate felony-misdemeanor.
AB 2096 (Petrie-Norris, Ch. 947, Stats. 2024), among other things, expanded the definition of postsecondary institution under SB 188 (Runner, Ch. 566, Stats. 2009) to include public institutions.
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 Comment 2 of this analysis.
**************
See Code Civ. Proc., §§ 527.8 & .527.85. ↑
CSUN, Updates in Response to Threats to Campus, available at https://www.csun.edu/president/news/updates-response-threats-campus. ↑
CSUB, Instagram, (Feb. 2, 2026), available at https://www.instagram.com/p/DURkJ7jgTvQ/?hl=en. ↑
See Code Civ. Proc., § 527.85. ↑
Sen. Com. on Judiciary, Analysis of SB 188 (2009-2010 Reg. Sess.) as introduced, p. 1. ↑
See Code Civ. Proc., § 527.8. ↑
Id., Code Civ. Proc., § 527.85(a). ↑
Ibid. ↑
Id., Code Civ. Proc., § 527.85(o) ↑
Id., Code Civ. Proc., § 527.85(k). ↑
Id., Code Civ. Proc., § 527.85(b); see id., Code Civ. Proc., § 527.9. ↑
U.S. Const., 1st amend; Cal. Const., art 1, § 2; e.g., Texas v. Johnson (1989) 491 U.S. 397, 404-405. ↑
Virginia v. Black (2003) 538 U.S. 343, 358 (lead opn. of O’Connor, J.). ↑
Chaplinsky v. State of New Hampshire (1942) 315 U.S. 568, 571. ↑
R.A.V. v. City of Saint Paul, Minnesota (1992) 505 U.S. 377, 382-383. ↑
Virginia, supra, 538 U.S. at p. 359 (lead opn. of O’Connor, J.). ↑
Id. at p. 360; see also Watts v. U.S. (1969) 394 U.S. 705, 708. ↑
Code. Civ. Proc. § 527.85(c). ↑
Discussed in Hearing
40SEC
Senate Floor
1MIN
Assembly Floor
1MIN
Senate Floor
8MIN
Senate Standing Committee on Education
Bill Author
