SB 741

  • California Senate Bill
  • 2023-2024 Regular Session
  • Introduced in Senate Feb 17, 2023
  • Passed Senate May 25, 2023
  • Passed Assembly Sep 14, 2023
  • Became Law Oct 08, 2023

Domestic violence restraining orders: prehearing discovery.

Abstract

Existing law establishes the Domestic Violence Prevention Act for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and providing for a separation of the persons involved in the domestic violence for a period sufficient to enable those persons to seek a resolution of the causes of the violence. Under existing law, the act authorizes the court to issue a protective order, as defined, either ex parte or after a hearing, to restrain a person to prevent the recurrence of domestic violence. Existing law establishes the Civil Discovery Act, which governs the rules and procedures related to discovery in civil actions. The act authorizes the parties in a civil action, unless ordered otherwise, to modify discovery procedures by written stipulation, as specified. This bill would prohibit discovery pursuant to the Civil Discovery Act for purposes of the Domestic Violence Prevention Act except when a court grants a request for discovery upon a showing of good cause by the party making the request, as specified. The bill would require a court determining whether to permit discovery to consider, among other things, the importance and relevance of, and need for, the information sought to be obtained. The bill would authorize a court to continue commencement of the hearing or commence the hearing to receive evidence and then continue the hearing to permit one or more methods of discovery if a court finds good cause and grants a request for discovery. The bill would require the court to limit and control any permitted discovery to the least intrusive methods, as specified. The bill would make related intent statements and findings and declarations.

Bill Sponsors (2)

Votes


Actions


Oct 08, 2023

California State Legislature

Chaptered by Secretary of State. Chapter 503, Statutes of 2023.

California State Legislature

Approved by the Governor.

Sep 21, 2023

California State Legislature

Enrolled and presented to the Governor at 4 p.m.

Sep 14, 2023

Assembly

Read third time. Passed. (Ayes 61. Noes 0. Page 3517.) Ordered to the Senate.

Senate

Assembly amendments concurred in. (Ayes 33. Noes 6. Page 2829.) Ordered to engrossing and enrolling.

Senate

In Senate. Concurrence in Assembly amendments pending.

Sep 08, 2023

Assembly

Read third time and amended.

Assembly

Ordered to third reading.

Jun 22, 2023

Assembly

Read second time. Ordered to third reading.

Jun 21, 2023

Assembly

Read second time and amended. Ordered to second reading.

Jun 20, 2023

Assembly

From committee: Do pass as amended. (Ayes 8. Noes 1.) (June 20).

Jun 08, 2023

Assembly

Referred to Com. on JUD.

  • Referral-Committee
Com. on JUD.

May 25, 2023

Senate

Motion to reconsider made by Senator Min.

Assembly

In Assembly. Read first time. Held at Desk.

Senate

Reconsideration granted. (Ayes 40. Noes 0. Page 1294.)

Senate

Read third time. Passed. (Ayes 34. Noes 2. Page 1293.) Ordered to the Assembly.

Apr 13, 2023

Senate

Read second time. Ordered to third reading.

Apr 12, 2023

Senate

From committee: Do pass. (Ayes 9. Noes 1. Page 688.) (April 11).

Apr 03, 2023

Senate

Set for hearing April 11.

Mar 30, 2023

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on JUD.

Mar 01, 2023

Senate

Referred to Com. on JUD.

  • Referral-Committee
Com. on JUD.

Feb 21, 2023

Senate

From printer. May be acted upon on or after March 20.

Feb 17, 2023

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB741 HTML
02/17/23 - Introduced PDF
03/30/23 - Amended Senate PDF
06/21/23 - Amended Assembly PDF
09/08/23 - Amended Assembly PDF
09/19/23 - Enrolled PDF
10/08/23 - Chaptered PDF

Related Documents

Document Format
04/07/23- Senate Judiciary PDF
04/14/23- Sen. Floor Analyses PDF
06/16/23- Assembly Judiciary PDF
06/22/23- ASSEMBLY FLOOR ANALYSIS PDF
09/08/23- ASSEMBLY FLOOR ANALYSIS PDF
09/14/23- Sen. Floor Analyses PDF

Sources

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