AB 1378

Bill Subjects

Abstract

Existing law allows a court to issue various protective orders to protect victims of, and witnesses to, a crime, as specified. Existing law prohibits the intentional and knowing violation of a protective order, as specified. A violation of this prohibition is a misdemeanor. Existing law requires a minimum term of imprisonment if the violation results in physical injury. Existing law also makes a subsequent violation of these provisions after a conviction, as specified, punishable as either a misdemeanor or a felony. This bill would make a violation of a criminal protective order punishable as either a felony or misdemeanor. The bill would make a violation of specified protective orders, where the person is armed with a firearm, punishable as a felony, as specified. This bill would also make conforming changes. By creating a new crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.