Cottie Petrie-Norris
- Democratic
- Assemblymember
- District 73
Author
Existing law provides for temporary restraining orders or emergency protective orders with respect to domestic violence and elder abuse, as specified. Existing law requires that a temporary restraining order or emergency protective order issued under these provisions be served on the respondent at the request of the petitioner, whether or not the respondent has been taken into custody, by a law enforcement officer who is present at the scene of reported domestic violence involving the parties to the proceeding. This bill would expand these provisions to require service of orders issued after hearing. The bill would also authorize these orders to be served by a law enforcement officer who receives a request from the petitioner to provide service of the order, but would exclude service by specified peace officers, including a parole officer of the Department of Corrections and Rehabilitation or a probation officer. The bill would prohibit a fee from being charged to the petitioner for service of those orders. The bill would require specified peace officers to take into temporary custody any firearm or deadly weapon in plain sight or discovered pursuant to a consensual or otherwise lawful search for the protection of peace officers or other persons present when those officers are at the scene of a domestic violence incident involving a threat to human life or physical assault, serving a protective order pursuant to the above provisions, or serving a gun violence restraining order. By expanding the duties of local law enforcement, this bill would impose a state-mandated local program. Existing law requires a law enforcement agency to enter all firearms that have been reported stolen, lost, found, recovered, held for safekeeping, or under observation into the Automated Firearms System (AFS) . This bill would require law enforcement to enter, or cause to be entered, a firearm into the AFS if the firearm is obtained at the scene of a domestic violence incident or during service of specified orders. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 242, Statutes of 2023.
Enrolled and presented to the Governor at 4 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 3404.).
In Assembly. Concurrence in Senate amendments pending.
Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2641.).
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (September 1).
Read second time and amended. Ordered returned to second reading.
From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 4. Noes 0.) (July 11). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on PUB S. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 20). Re-referred to Com. on PUB S.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 80. Noes 0. Page 1872.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 15. Noes 0.) (May 18).
In committee: Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 25). Re-referred to Com. on APPR.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on PUB. S. (Ayes 10. Noes 0.) (March 28).
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
From printer. May be heard in committee March 16.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB818 | HTML |
| 02/13/23 - Introduced | |
| 03/09/23 - Amended Assembly | |
| 03/29/23 - Amended Assembly | |
| 09/01/23 - Amended Senate | |
| 09/08/23 - Amended Senate | |
| 09/18/23 - Enrolled | |
| 09/26/23 - Chaptered |
| Document | Format |
|---|---|
| 03/25/23- Assembly Judiciary | |
| 04/24/23- Assembly Public Safety | |
| 05/01/23- Assembly Appropriations | |
| 05/19/23- ASSEMBLY FLOOR ANALYSIS | |
| 06/16/23- Senate Judiciary | |
| 07/07/23- Senate Public Safety | |
| 08/14/23- Senate Appropriations | |
| 09/01/23- Senate Appropriations | |
| 09/02/23- Sen. Floor Analyses | |
| 09/11/23- Sen. Floor Analyses | |
| 09/12/23- ASSEMBLY FLOOR ANALYSIS |
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