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AB-455 Ex parte orders: connected devices.(2019-2020)

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Date Published: 03/12/2019 09:00 PM
AB455:v98#DOCUMENT

Amended  IN  Assembly  March 12, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 455


Introduced by Assembly Member Kiley

February 11, 2019


An act to amend Section 6320 of the Family Code, relating to family law. ex parte orders.


LEGISLATIVE COUNSEL'S DIGEST


AB 455, as amended, Kiley. Ex parte orders: connected devices.
Existing law authorizes a court to issue an ex parte order enjoining a party from engaging in specified acts against another party, including threatening or harassing that party, and, in the discretion of the court, against other named family or household members. A violation of this court order constitutes contempt of court, which is punishable as a misdemeanor.
This bill would additionally authorize a court to issue an ex parte order enjoining a party from remotely controlling any connected devices devices, in the home of the other party. The bill would require the Judicial Council to update existing forms to include a check box for the petitioner to request the court to include in its order a prohibition on remotely controlling all known and unknown connected devices in the home of the petitioner and to develop or update any other forms or rules of court that are necessary. necessary to implement these provisions. By expanding the scope of an existing crime, this the bill would impose a state-mandated 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6320 of the Family Code is amended to read:

6320.
 (a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, 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, coming within a specified distance of, disturbing the peace of, or remotely controlling any connected devices devices, as defined in Section 1798.91.05 of the Civil Code, in the home of, the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.
(b) On a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.

(c)(1)The Judicial Council shall update its existing forms, “Request for Domestic Violence Restraining Order” and “Temporary Restraining Order” to include a check box for the petitioner to request the court to include in its order a prohibition on remotely controlling all known and unknown connected devices in the home of the petitioner.

(2)The Judicial Council shall develop or update any other forms or rules of court that are necessary to implement this section.

(d)For the purposes of this section, “connected device” has the same meaning as in Section 1798.91.05 of the Civil Code.

(c) The Judicial Council shall, no later than January 1, 2021, develop or update any forms or rules of court that are necessary to implement this section.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.