BILL NUMBER: SB 1154	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hancock

                        FEBRUARY 20, 2014

   An act to amend Sections 646.91, 13700, and 18250 of the Penal
Code, relating to peace officers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1154, as introduced, Hancock. Peace officers: San Francisco Bay
Area rapid Transit District Police Department.
   (1) Under existing law, a member of the San Francisco Bay Area
Rapid Transit District Police Department is a peace officer if the
primary duty of the peace officer is the enforcement of the law in or
about the properties of the district.
   Existing law requires every law enforcement agency in the state to
develop, adopt, and implement written policies and standards for
officers' responses to domestic violence calls that encourage the
arrest of domestic violence offenders if there is probable cause that
an offense has been committed. Existing law defines "officer" for
these purposes.
   This bill would include a member of the San Francisco Bay Area
Rapid Transit District Police Department in the definition of
"officer" for the purposes of these provisions. By increasing the
duties of a local agency, this bill would impose a state-mandated
local program.
   (2) Under existing law, a person who willfully, maliciously, and
repeatedly follows or harasses another person and who makes a
credible threat with the intent to place that person in reasonable
fear for his or her safety, is guilty of the crime of stalking.
Existing law allows a judicial officer to issue an ex parte emergency
protective order if a peace officer, as defined, asserts reasonable
grounds to believe that a person is in immediate and present danger
of stalking, as provided.
   This bill would include a member of the San Francisco Bay Area
Rapid Transit District Police Department in the definition of peace
officer for the purposes of these provisions.
   (3) Existing law requires certain specified peace officers to take
temporary custody of any firearm or other deadly weapon discovered
at the scene of a domestic violence incident involving a threat to
human life or physical assault or if the peace officer is serving a
protective order.
   This bill would include a member of the San Francisco Bay Area
Rapid Transit District Police Department among the peace officers to
whom these provisions apply. By increasing the duties of local peace
officers, this bill would impose a state-mandated local program.
   (4) 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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 646.91 of the Penal Code is amended to read:
   646.91.  (a) Notwithstanding any other law, a judicial officer may
issue an ex parte emergency protective order if a peace officer, as
defined in Section 830.1, 830.2,  or  830.32, 
or subdivision (a) of Section 830.33,  asserts reasonable
grounds to believe that a person is in immediate and present danger
of stalking based upon the person's allegation that he or she has
been willfully, maliciously, and repeatedly followed or harassed by
another person who has made a credible threat with the intent of
placing the person who is the target of the threat in reasonable fear
for his or her safety, or the safety of his or her immediate family,
within the meaning of Section 646.9.
   (b) A peace officer who requests an emergency protective order
shall reduce the order to writing and sign it.
   (c) An emergency protective order shall include all of the
following:
   (1) A statement of the grounds asserted for the order.
   (2) The date and time the order expires.
   (3) The address of the superior court for the district or county
in which the protected party resides.
   (4) The following statements, which shall be printed in English
and Spanish:
   (A) "To the protected person: This order will last until the date
and time noted above. If you wish to seek continuing protection, you
will have to apply for an order from the court at the address noted
above. You may seek the advice of an attorney as to any matter
connected with your application for any future court orders. The
attorney should be consulted promptly so that the attorney may assist
you in making your application."
   (B) "To the restrained person: This order will last until the date
and time noted above. The protected party may, however, obtain a
more permanent restraining order from the court. You may seek the
advice of an attorney as to any matter connected with the
application. The attorney should be consulted promptly so that the
attorney may assist you in responding to the application. You may not
own, possess, purchase, or receive, or attempt to purchase or
receive, a firearm while this order is in effect."
   (d) An emergency protective order may be issued under this section
only if the judicial officer finds both of the following:
   (1) That reasonable grounds have been asserted to believe that an
immediate and present danger of stalking, as defined in Section
646.9, exists.
   (2) That an emergency protective order is necessary to prevent the
occurrence or reoccurrence of the stalking activity.
   (e) An emergency protective order may include either of the
following specific orders as appropriate:
   (1) A harassment protective order as described in Section 527.6 of
the Code of Civil Procedure.
   (2) A workplace violence protective order as described in Section
527.8 of the Code of Civil Procedure.
   (f) An emergency protective order shall be issued without
prejudice to any person.
   (g) An emergency protective order expires at the earlier of the
following times:
   (1) The close of judicial business on the fifth court day
following the day of its issuance.
   (2) The seventh calendar day following the day of its issuance.
   (h) A peace officer who requests an emergency protective order
shall do all of the following:
   (1) Serve the order on the restrained person, if the restrained
person can reasonably be located.
   (2) Give a copy of the order to the protected person, or, if the
protected person is a minor child, to a parent or guardian of the
protected child if the parent or guardian can reasonably be located,
or to a person having temporary custody of the child.
   (3) File a copy of the order with the court as soon as practicable
after issuance.
   (4) Have the order entered into the computer database system for
protective and restraining orders maintained by the Department of
Justice.
   (i) A peace officer shall use every reasonable means to enforce an
emergency protective order.
   (j) A peace officer who acts in good faith to enforce an emergency
protective order is not civilly or criminally liable.
   (k) A peace officer described in subdivision (a) or (b) of Section
830.32 who requests an emergency protective order pursuant to this
section shall also notify the sheriff or police chief of the city in
whose jurisdiction the peace officer's college or school is located
after issuance of the order.
   (l) "Judicial officer," as used in this section, means a judge,
commissioner, or referee.
   (m) A person subject to an emergency protective order under this
section shall not own, possess, purchase, or receive a firearm while
the order is in effect.
   (n) Nothing in this section shall be construed to permit a court
to issue an emergency protective order prohibiting speech or other
activities that are constitutionally protected or protected by the
laws of this state or by the United States or activities occurring
during a labor dispute, as defined by Section 527.3 of the Code of
Civil Procedure, including, but not limited to, picketing and hand
billing.
   (o) The Judicial Council shall develop forms, instructions, and
rules for the scheduling of hearings and other procedures established
pursuant to this section.
   (p) Any intentional disobedience of any emergency protective order
granted under this section is punishable pursuant to Section 166.
Nothing in this subdivision shall be construed to prevent punishment
under Section 646.9, in lieu of punishment under this section, if a
violation of Section 646.9 is also pled and proven.
  SEC. 2.  Section 13700 of the Penal Code is amended to read:
   13700.  As used in this title:
   (a) "Abuse" means intentionally or recklessly causing or
attempting to cause bodily injury, or placing another person in
reasonable apprehension of imminent serious bodily injury to himself
or herself, or another.
   (b) "Domestic violence" means abuse committed against an adult or
a minor who is a spouse, former spouse, cohabitant, former
cohabitant, or person with whom the suspect has had a child or is
having or has had a dating or engagement relationship. For purposes
of this subdivision, "cohabitant" means two unrelated adult persons
living together for a substantial period of time, resulting in some
permanency of relationship. Factors that may determine whether
persons are cohabiting include, but are not limited to, (1) sexual
relations between the parties while sharing the same living quarters,
(2) sharing of income or expenses, (3) joint use or ownership of
property, (4) whether the parties hold themselves out as husband and
wife, (5) the continuity of the relationship, and (6) the length of
the relationship.
   (c) "Officer" means any officer or employee of a local police
department or sheriff's office, and any peace officer of the
Department of the California Highway Patrol, the Department of Parks
and Recreation, the University of California Police Department, or
the California State University and College Police Departments, as
defined in Section 830.2, a peace officer of the Department of
General Services of the City of Los Angeles, as defined in
subdivision (c) of Section 830.31, a housing authority patrol
officer, as defined in subdivision (d) of Section 830.31,  or
 a peace officer as defined in subdivisions (a) and (b) of
Section 830.32  , or a peace officer as defined in subdivision
(a) of Section 830.33  .
   (d) "Victim" means a person who is a victim of domestic violence.
  SEC. 3.  Section 18250 of the Penal Code is amended to read:
   18250.  If any of the following persons is at the scene of a
domestic violence incident involving a threat to human life or a
physical assault, or is serving a protective order as defined in
Section 6218 of the Family Code, that person shall take temporary
custody of any firearm or other deadly weapon in plain sight or
discovered pursuant to a consensual or other lawful search as
necessary for the protection of the peace officer or other persons
present:
   (a) A sheriff, undersheriff, deputy sheriff, marshal, deputy
marshal, or police officer of a city, as defined in subdivision (a)
of Section 830.1.
   (b) A peace officer of the Department of the California Highway
Patrol, as defined in subdivision (a) of Section 830.2.
   (c) A member of the University of California Police Department, as
defined in subdivision (b) of Section 830.2.
   (d) An officer listed in Section 830.6, while acting in the course
and scope of the officer's employment as a peace officer.
   (e) A member of a California State University Police Department,
as defined in subdivision (c) of Section 830.2.
   (f) A peace officer of the Department of Parks and Recreation, as
defined in subdivision (f) of Section 830.2.
   (g) A peace officer, as defined in subdivision (d) of Section
830.31.
   (h) A peace officer, as defined in subdivisions (a) and (b) of
Section 830.32. 
   (i) A member of the San Francisco Bay Area Rapid Transit District
Police Department, as defined in subdivision (a) of Section 830.33.
 
   (i) 
    (j)  A peace officer, as defined in Section 830.5.
  SEC. 4.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.