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<ns0:Id>20250AB__175398AMD</ns0:Id>
<ns0:VersionNum>98</ns0:VersionNum>
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<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-09</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2026-03-24</ns0:ActionDate>
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<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>AB</ns0:MeasureType>
<ns0:MeasureNum>1753</ns0:MeasureNum>
<ns0:MeasureState>AMD</ns0:MeasureState>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Stefani</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_ORIGINATING">(Coauthors: Assembly Members Connolly and Ortega)</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Stefani</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Connolly</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Ortega</ns0:Name>
</ns0:Legislator>
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<ns0:Title> An act to amend Sections 527.8, 527.85, 527.9, 527.11, and 527.12 of, and to add Sections 527.1, 527.75, and 527.13 to, the Code of Civil Procedure, to amend Sections 6300, 6380, 6380.5, 6383, 6401, and 6402 of, and to add Section 6403.5 to,
the Family Code, to amend, repeal, and add Section 26666.10 of the Government Code, and to amend Sections 273.75, 422.85, 422.865, 422.88, 16520, 18120, 18120.5, 18205, and 29805 of, and to add Sections 136.26 and 29813.5 to, the Penal Code, relating to protective orders. </ns0:Title>
<ns0:RelatingClause>protective orders</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Protective orders: firearms and ammunition: notice and procedures.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>
(1)
<html:span class="EnSpace"/>
Existing law establishes procedures by which a person may petition the court for certain protective or restraining orders, including civil harassment restraining orders, domestic violence restraining orders, elder or dependent adult abuse restraining orders, gun violence restraining orders, postsecondary school restraining orders, and workplace violence restraining orders, to enjoin a restrained person from taking specified actions. Before a hearing on the issuance or denial of a domestic violence restraining order or gun violence restraining order, existing law requires the court to ensure that a search has been conducted to determine, among other things, if the subject of the proposed order owns or possesses a firearm as reflected in the Department of Justice Automated Firearms System. If after the search, the court finds that the subject of the proposed order
owns or possesses a firearm, existing law requires the court to make a written record as to whether the subject has relinquished the firearm and provided proof of the required storage, sale, or relinquishment of the firearm. Upon a court’s issuance of such a protective order, existing law requires the restrained person to relinquish any firearm and ammunition in that person’s immediate possession or control, according to specified procedures. Existing law prescribes procedures by which the restrained person must certify compliance with the court, and for the court to determine, by a preponderance of the evidence, whether the person has a firearm in violation of the order.
</html:p>
<html:p>This bill would make clarifying and conforming changes to the procedures relating to the protective or restraining orders described above by explicitly requiring the restrained person to relinquish, in addition to any firearm, any ammunition in that person’s immediate possession or control.
The bill would require courts to permit a party, support person, or witness to appear remotely at a hearing for a postsecondary educational institution or workplace violence restraining order at no cost. This bill would also require courts to develop rules and instructions for such remote appearances and to post them on its website.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Existing law prohibits court from granting a temporary restraining order without notice to the respondent, except as specified. Existing law requires a peace officer, upon the request of a petitioner, to serve any civil harassment restraining order, domestic violence restraining order, elder or dependent adult abuse restraining order, gun violence restraining order, postsecondary school restraining order, or workplace violence restraining order on the respondent, whether or not the respondent has been taken into custody.
Existing law prescribes procedures that a sheriff or marshal must follow when serving a writ, warrant, summons, order, or other process issued by a superior court in a civil action or proceeding. Existing law requires the Judicial Council, on or before January 1, 2024, to create a statewide form or forms to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff.
</html:p>
<html:p>This bill would, for the restraining or protective orders described above, prohibit a court from denying a request for a temporary or ex parte restraining order solely because the respondent was not provided notice. The bill would instead require a petitioner for such an order to provide prior notice to the respondent of a petition for a temporary or ex parte restraining order only if the court determines, on a case-by-case basis, that requiring prior notice would be in the interests of justice and would not likely endanger the petitioner,
proposed protected parties, or other persons. The bill would require a peace officer, as defined, to follow the procedures that apply to a sheriff or marshal when serving a writ, warrant, summons, order, or other process issued by a superior court, as described above. The bill would require the Judicial Council, on or before January 1, 2028, to create a statewide form or forms to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff, or by a peace officer serving any of the restraining or protective orders described above. By expanding the duties of peace officers, which include officers of local law enforcement agencies, this bill would impose a state-mandated local program.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Existing law requires, on any charge involving acts of domestic violence, that the district
attorney or prosecuting city attorney conduct a search of certain databases for protective or restraining orders, as specified.
</html:p>
<html:p>This bill would additionally require the district attorney or prosecuting city attorney to conduct a search of the Department of Justice Automated Firearms System. By expanding the duties of the district attorney or prosecuting city attorney, this bill would impose a state-mandated local program.</html:p>
<html:p>Under existing law, before a hearing on the issuance or denial of a domestic violence restraining order, the court must ensure that a search is or has been conducted to determine if the subject of the proposed order has, among other things, a prior criminal conviction for a violent or serious felony, owns or possesses a firearm, as reflected in the Department of Justice Automated Firearms System, or has a prior restraining order or violation thereof. Existing law requires this search to be conducted of
specified records and databases readily available and reasonably accessible to the court. Existing law requires the court, after issuing its ruling, to advise the parties that they may request the information upon which the court relied to conduct the search and information obtained as a result of the search to be maintained in a confidential case file, except as specified.</html:p>
<html:p>This bill would authorize a court to order any of the searches described above to be conducted before a hearing on the issuance or denial of a civil harassment restraining order, elder or dependent adult abuse restraining order, gun violence restraining order, postsecondary school restraining order, or workplace violence restraining order. The bill would require the court, after issuing its ruling, to provide the advisement to the parties described above, and to keep the information obtained as a result of any search to be maintained in a confidential case file, except as specified.</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Existing law requires a court, when issuing a gun violence restraining order, to notify the Department of Justice regarding the order. Existing law requires the court, when issuing protective orders and firearm or ammunition relinquishment orders, to notify the prosecuting agency and law enforcement officials, as specified, in order, to enable the prosecuting agency and law enforcement officials to take necessary actions to obtain any firearms or ammunition owned, possessed, or controlled by the subject of the order.
</html:p>
<html:p>This bill would require local law enforcement agencies and prosecuting agencies, as defined, to designate a person responsible for accessing or receiving notifications from the superior court indicating that a person has violated a protective or restraining orders’ firearm relinquishment requirement and to regularly ensure that the clerk of the court has updated contact information for
the person designated to receive those notifications on behalf of the agency.</html:p>
<html:p>This bill would also require each prosecuting agency to ensure that a protected person or protected people named in the order are notified about the issuance, terms, and duration of the protective order, except as specified. The bill would require each prosecuting agency to develop, adopt, and implement written policies and standards regarding notification to protected parties on or before January 1, 2028, as specified. By placing new requirements on local law enforcement agencies and prosecuting agencies, this bill would impose a state-mandated local program.</html:p>
<html:p>This bill would authorize a law enforcement agency or officer to seek enforcement of a valid extreme risk protection order issued by another state or jurisdiction. The bill would define an extreme risk protection order as an injunction, restraining order, or other civil or criminal court
order issued by another state or jurisdiction that does not name a protected individual, but prohibits the subject of the order from possessing, owning, controlling, purchasing, or receiving, firearms for the duration of the order based on evidence that the subject of the order poses a danger to themselves or others. The bill would require a valid extreme risk protection order to be registered with a court in this state if requested by a law enforcement officer or other petitioner.</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Existing law requires each county to electronically transmit data regarding protective orders through the California Law Enforcement Telecommunications System of the Department of Justice, as specified. Existing law requires the Department of Justice to maintain the California Restraining and Protective Order System that contains detailed information regarding protective and restraining orders and injunctions, as specified, and to make that information available
to court clerks and law enforcement personnel.
</html:p>
<html:p>This bill would extend these reporting requirements to include any protective order or restraining orders issued pursuant to specified sections, including a gun violence restraining order or an extreme risk protection order.</html:p>
<html:p>The bill would also expand the definition of a protection order to include any injunction or order under the federal Violence Against Women Act and would extend these provisions to orders issued by any state or other jurisdiction. The bill would make conforming changes.</html:p>
<html:p>Existing law authorizes the Department of Justice, subject to an appropriation by the Legislature, to establish or contract with a vendor to establish an automated protect person information and notification system, as specified.</html:p>
<html:p>This bill would authorize the department to establish or contract with a
vendor to create the above-described notification system through the availability of necessary funding through grants or other sources.</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Existing law, subject to exceptions, provides that any person who has been convicted of certain misdemeanors may not, within 10 years of the conviction, own, purchase, receive, possess or have under their custody or control, any firearm and makes a violation of that prohibition punishable as a misdemeanor or a felony.
</html:p>
<html:p>This bill would prohibit a person, who is convicted on or after January 1, 2027, of specified offenses, including misdemeanor violations of a gun violence protective orders or violations that constitute a hate crime, from owning, purchasing, receiving, or having in their possession or under their custody or control any firearm within 10 years of the conviction, and would make conforming changes. By expanding the scope of an existing crime, the bill
would create a state-mandated local program.</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Existing law requires a peace officer who is at the scene of a domestic violence incident or enforcing a domestic violence restraining order or gun violence restraining order to take temporary custody of any firearm or other deadly weapon in plain sight or discovered pursuant to a consensual or otherwise lawful search, as specified.
</html:p>
<html:p>This bill would additionally require a peace officer to take temporary custody of any ammunition in plain sight or discovered pursuant to such a search. By expanding the duties of local law enforcement agencies, this bill
would impose a state-mandated local program.</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.</html:p>
<html:p>With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.</html:p>
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<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
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<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
<ns0:ImmediateEffectFlags>
<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
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</ns0:Description>
<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_ECAFD1BA-1DB8-4515-BEAD-F8BFC41AC2CB">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 527.1 is added to the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
,
<ns0:Positioning>immediately following Section 527</ns0:Positioning>
, to read:
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<ns0:LawSection id="id_2C95193A-1C28-41BD-95BD-FCA417C3B270">
<ns0:Num>527.1.</ns0:Num>
<ns0:LawSectionVersion id="id_6ED2F828-671C-4F30-84DC-8AB3138725C3">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Legislature finds and declares that requiring petitioners to provide prior notice of a petition for a temporary or ex parte protective or restraining order against an individual who has engaged in violent, abusive, or other dangerous conduct may result in all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Create significant risk of harm to the petitioner and other individuals, especially given the heightened potential for retaliation and violence during separation from an abusive partner or relationship.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Deter survivors of violence and abuse from requesting temporary or ex parte protective or restraining orders.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Increase the likelihood that respondents will seek to evade service of a temporary or ex parte protective or restraining order.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Accordingly, the Legislature finds that it is necessary to establish that petitioners shall only be required to provide prior notice to the proposed respondent of a petition for a temporary or ex parte protective or restraining order based on a case-by-case determination that takes the interests of justice and safety into account.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding subdivision (c) of Section 527 or any other law, all of the following shall apply when a petitioner requests any of the temporary or ex parte protective or restraining orders described in subdivision (c):
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The court shall not deny a temporary or ex parte restraining order solely because the proposed respondent was not
provided with notice.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A petitioner shall not be uniformly required to provide prior notice to the proposed respondent of a petition for a temporary or ex parte protective or restraining order in all cases, and shall not be required to establish exceptional circumstances to obtain a temporary or ex parte protective or restraining order without providing prior notice.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A petitioner shall only be required to provide prior notice to the proposed respondent of a petition for a temporary or ex parte protective or restraining order if the court determines, on a case-by-case basis, that requiring prior notice would be in the interests of justice and would not likely endanger the petitioner, proposed protected parties, or other persons.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section applies to all of the following protective and restraining
orders:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A civil harassment restraining order issued under Section 527.6.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A domestic violence restraining order issued under Part 4 (commencing with Section 6300) of Division 10 of the Family Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An elder or dependent adult abuse restraining order issued under Section 15657.03 of the Welfare and Institutions Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A gun violence restraining order issued under Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A juvenile court restraining order issued under Section 6380 of the Family Code or Section 213.5, 304, or 362.4 of the Welfare and Institutions Code.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A
postsecondary school violence restraining order issued under Section 527.85.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A workplace violence restraining order issued under Section 527.8.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_C4B38A6A-ECE9-4C01-A4F5-69E6A3B632C3">
<ns0:Num>SEC. 2.</ns0:Num>
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Section 527.75 is added to the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
,
<ns0:Positioning>immediately following Section 527.7</ns0:Positioning>
, to read:
</ns0:ActionLine>
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<ns0:LawSection id="id_DBB4F452-E5A5-4B07-BE97-485B6158BABA">
<ns0:Num>527.75.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature encourages court self-help centers and other stakeholders that provide information and safety planning support to survivors of violent, abusive, or other dangerous conduct to inform individuals considering protective or restraining orders that they may appear remotely at hearings on petitions for these orders through the use of remote technology, and that such appearances are at no charge to the petitioner.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section shall become operative on July 1, 2027.
</html:p>
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<ns0:BillSection id="id_81483868-808D-46E8-819D-F699F89C235D">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 527.8 of the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_4B9207A8-0FF1-49FA-B553-D5E83C8BE99C">
<ns0:Num>527.8.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Any employer or collective bargaining representative of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person may bring a petition for a temporary restraining order and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at
the employee’s workplace.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Course of conduct” is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Credible threat of violence” is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Employer” and “employee” mean persons defined in Section 350 of the Labor Code. “Employer” also includes a federal agency, the state, a state agency, a city, county, or district, a joint powers authority, or a public transit operator, whether operated directly by a public entity or through a contract or subcontract, and a private, public, or quasi-public corporation, or any public agency thereof or therein. “Employee” also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, “employee” also includes a volunteer or independent contractor who performs services for the employer at the employer’s worksite. The changes made to this paragraph during the 2025–26 Regular Session are declaratory of existing law.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Harassment” is a knowing and willful course of conduct
directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Petitioner” means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Respondent” means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Temporary restraining order” and “order after hearing” mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, 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, or coming within a specified distance of, or disturbing the peace of, the employee.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Unlawful violence” is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, or any violation of Section 243.3 of the Penal Code, but shall not include lawful acts of self-defense or
defense of others. The changes made to this paragraph during the 2025–26 Regular Session are declaratory of existing law.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members, or other persons employed at the employee’s workplace or workplaces.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Before filing a petition under this section, an employer or collective bargaining representative of an employee shall provide the employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, an opportunity to decline to be named in the temporary restraining order. An employee’s request to not be named in the temporary restraining order shall not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows one of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Clear and convincing evidence of all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
That an employee has suffered harassment by the respondent.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
That great or irreparable harm would result to an employee.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
That the course of conduct at issue served no legitimate purpose.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
That the issuance of the order is not prohibited by subdivision (c).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The temporary restraining order may include any
of the protective orders described in paragraph (7) of subdivision (b).
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
A temporary restraining order granted under this section shall remain in effect, at the court’s discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (i), not to exceed 25 days, unless otherwise modified or terminated by the court.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Within 21 days, or if
good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The respondent may file a response that explains, excuses, justifies, or denies the alleged harassment, unlawful violence, or credible threats of violence.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employer’s decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in harassment, engaged in unlawful violence, or made a credible threat of violence, an order shall issue
prohibiting further harassment, unlawful violence, or threats of violence.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further harassment, unlawful violence, or credible threats of violence since the issuance of the original order, subject to termination or
modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of
State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
This section does not preclude any party
from representation by private counsel or from appearing on the party’s own behalf.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Any party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If a respondent, named in a restraining order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the
hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person available to the court.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
</html:p>
<html:br/>
<html:p>“If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____.</html:p>
<html:p>If that address is not correct or you wish
to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.”</html:p>
<html:br/>
<html:p>
(s)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Information on a temporary restraining order or order after hearing relating to workplace violence issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under
this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the court’s discretion as are requested by the petitioner.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Transmitting a physical copy of the order or proof of
service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported harassment, unlawful violence, or a credible threat of violence.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported harassment, unlawful violence, or a
credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Upon receiving information at the scene of an incident of harassment, unlawful violence, or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondent’s address. The
law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officer’s verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondent’s mailing address provided to the law enforcement officer within one business day of the reported incident of harassment, unlawful violence, or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
</html:p>
<html:p>
(t)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
</html:p>
<html:p>
(u)
<html:span class="EnSpace"/>
Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
</html:p>
<html:p>
(w)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A temporary restraining order or order after hearing relating to harassment, unlawful violence, or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council
and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
</html:p>
<html:p>
(x)
<html:span class="EnSpace"/>
There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall
not be paid for filing a response to a petition alleging these acts.
</html:p>
<html:p>
(y)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The temporary restraining order or order after hearing issued pursuant to this section is based on unlawful violence or a credible threat of violence.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
</html:p>
<html:p>
(z)
<html:span class="EnSpace"/>
A party, support person, or witness may appear remotely at a hearing on a petition for an order under this section. No fee may be charged for any of these persons to appear remotely. The superior court of each county shall develop
local rules and instructions for remote appearances and shall post them on its internet website.
</html:p>
<html:p>
(aa)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2025.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_5FBEEEBA-CA8A-407C-8D29-3985002B59E0">
<ns0:Num>SEC. 4.</ns0:Num>
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Section 527.85 of the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_76D95F42-34EC-44B0-83C4-6112F1767A58">
<ns0:Num>527.85.</ns0:Num>
<ns0:LawSectionVersion id="id_63484F39-EFD2-4FDE-9EE3-2E7A67BE6262">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A chief administrative officer of a postsecondary educational institution, or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility, a student of which has suffered unlawful violence or a credible threat of violence may, with the written consent of the student, seek a temporary restraining order and an order after hearing on behalf of the student and, at the discretion of the court, any number of other students at the campus or facility who are similarly situated.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Chief administrative officer” means the principal, president, or highest ranking official of the
postsecondary educational institution.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Following or stalking a student to or from school.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Entering the school campus or facility.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Following a student during school hours.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Making telephone calls to a student.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Sending correspondence to a student by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Credible threat of violence” means a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Petitioner” means the chief administrative officer, or their designee, who petitions under subdivision (a) for a temporary restraining order and order after hearing.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Postsecondary educational institution” means an institution of vocational, professional, or postsecondary education.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Respondent” means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Student” means an adult currently enrolled in or applying for admission to a postsecondary educational institution.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Temporary restraining order” and “order after hearing” mean orders that include any of the following restraining orders, whether issued ex parte, or after notice and hearing:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, 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, or coming within a specified distance of, or disturbing the peace of, the student.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An order enjoining a party from specified behavior
that the court determines is necessary to effectuate orders described in subparagraph (A).
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
“Unlawful violence” means any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other law.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members of the student, or other students at the campus or facility.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows reasonable proof that a student has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to the student. The temporary restraining order may include any of the protective orders described in paragraph (8) of subdivision (b).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that
day with the clerk of the court.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A temporary restraining order granted under this section shall remain in effect, at the court’s discretion, for a period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25 days, unless otherwise modified or terminated by the court.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Within 21 days, or if good cause appears to the court, within 25 days, from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If no request for temporary orders is made, the hearing shall be held within 21 days, or if good cause appears to the court, 25 days, from the date the petition is filed.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threats of
violence.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is a current student of the entity requesting the order, the judge shall receive evidence concerning the decision of the postsecondary educational institution decision to retain, terminate, or otherwise discipline the
respondent. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an order shall be issued prohibiting further unlawful violence or threats of violence.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion
of a party. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to
subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
This section does not preclude either party from representation by private counsel or from appearing on their own behalf.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
Upon filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its own motion, shorten the time for
service on the respondent.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
A notice of hearing under this section shall notify the respondent that if the respondent does not attend the hearing, the court may make orders against the respondent that could last up to three years.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
The respondent shall be entitled, as a matter of course, to one
continuance, for a reasonable period, to respond to the petition.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or
terminate a temporary restraining order.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If a respondent, named in an order issued under this section after a hearing, has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or
protective order based on the temporary restraining order, but the respondent does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order issued at the hearing may be served on the respondent by first-class mail sent to that person at the most current address for the respondent available to the court.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
</html:p>
<html:br/>
<html:p>“If you have been personally served with a temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a
restraining order that is the same as this temporary restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address:____.</html:p>
<html:p>If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.”</html:p>
<html:br/>
<html:p>
(r)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Information on a temporary restraining order or order after hearing issued by a court pursuant
to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, or termination of the order, and any proof of service, was made, to each law enforcement agency having jurisdiction over the residence of the petition and to any additional law enforcement agencies within the court’s discretion as are requested by the petitioner.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding
any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
With the approval of the Department of Justice, entering the order of proof of service into CLETS directly.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer shall complete and send to the issuing court.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and obtain the respondent’s address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officer’s verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section, and Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondent’s mailing address provided to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible threat of violence at which a verbal notice of the terms of the
order was provided by a law enforcement officer.
</html:p>
<html:p>
(s)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A person subject to a protective order issued under this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The court shall order a person subject to a protective order issued under this section to relinquish any firearms the person owns or possesses pursuant to Section 527.9.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Every person who owns, possesses, purchases, or receives, or attempts
to purchase or receive, a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
</html:p>
<html:p>
(t)
<html:span class="EnSpace"/>
Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
</html:p>
<html:p>
(u)
<html:span class="EnSpace"/>
This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of a postsecondary educational institution to provide a safe environment for students and other persons.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Judicial Council shall develop forms, instructions, and rules relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A temporary restraining order or order after hearing relating to
unlawful violence or a credible threat of violence issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
</html:p>
<html:p>
(w)
<html:span class="EnSpace"/>
There is no filing fee for a petition that alleges that a person has inflicted unlawful violence, including stalking, or made a credible threat against a
student of the petitioner, and that seeks a protective or restraining order restraining stalking or other future unlawful violence or threats of violence, in any action brought pursuant to this section. No fee shall be paid for a subpoena filed in connection with a petition alleging these acts. No fee shall be paid for filing a response to a petition alleging these acts.
</html:p>
<html:p>
(x)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if
either of the following conditions applies:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The temporary restraining order or order after hearing issued pursuant to this section is based upon unlawful violence, including stalking, as prohibited by Section 646.9 of the Penal Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The temporary restraining order or order after hearing issued pursuant to this section is based upon a credible threat of violence.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
</html:p>
<html:p>
(y)
<html:span class="EnSpace"/>
A party, support person, or witness may appear remotely at a hearing on a petition for an order under this section. No fee may be charged for any of these persons to appear remotely. The superior court of each county shall develop local rules and instructions for remote appearances and shall post them on its internet website.
</html:p>
<html:p>
(z)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2026.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_62495849-A339-4FA8-9264-F6023941A4D7">
<ns0:Num>SEC. 5.</ns0:Num>
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Section 527.9 of the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_51476CF2-F7DA-41C9-850D-2F4CAA5CEB55">
<ns0:Num>527.9.</ns0:Num>
<ns0:LawSectionVersion id="id_26FBE602-7F96-4115-9481-19E30DC47432">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A person subject to a temporary restraining order or injunction issued pursuant to Section 527.6, 527.8, or 527.85 or subject to a restraining order issued pursuant to Section 136.2 of the Penal Code, or Section 15657.03 of the Welfare and Institutions Code, shall relinquish the firearm and ammunition pursuant to this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Upon the issuance of a protective order against a person pursuant to subdivision (a), the court shall order that person to relinquish any firearm and ammunition in that person’s immediate possession or control, or subject to that person’s immediate possession or control, within 24 hours of being served with the order, either by surrendering the firearm and ammunition to the control of local law enforcement officials, or by selling the
firearm and ammunition to a licensed gun dealer, as specified in Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6 of the Penal Code. The court shall provide the person with information on how any firearms or ammunition still in the restrained party’s possession are to be relinquished, according to local procedures, and the process for submitting a receipt to the court showing proof of relinquishment. A person ordered to relinquish any firearm and ammunition pursuant to this subdivision shall file with the court a receipt showing the firearm and ammunition were surrendered to the local law enforcement agency or sold to a licensed gun dealer within 48 hours after receiving the order. A court holding a hearing on this matter shall review the file to determine whether the receipt has been filed and inquire of the respondent whether they have complied with the requirement. Violations of the firearms or ammunition prohibition of
any restraining order under this section shall be reported to the prosecuting attorney in the jurisdiction where the order has been issued within two business days of the court hearing unless the restrained party provides a receipt showing compliance at a subsequent hearing or by direct filing with the clerk of the court. If the person does not file a receipt with the court within 48 hours after receiving the order for a firearm or ammunition in their possession, the court shall order the clerk of the court to immediately notify, by the most effective means available, appropriate law enforcement officials of the issuance and contents of a protective order, information about the firearm or ammunition, and of any other information the court deems appropriate. In the event that it is necessary to continue the date of any hearing due to a request for a relinquishment order pursuant to this section, the court shall ensure that all applicable protective orders described in Section 6218 of the Family Code remain in
effect or bifurcate the issues and grant the permanent restraining order pending the date of the hearing.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A local law enforcement agency may charge the person subject to the order or injunction a fee for the storage of any firearm or ammunition relinquished pursuant to this section. The fee shall not exceed the actual cost incurred by the local law enforcement agency for the storage of the firearm or ammunition. For purposes of this subdivision, “actual cost” means expenses directly related to taking possession of a firearm and ammunition, storing the firearm and ammunition, and surrendering possession of the firearm and ammunition to a licensed dealer as defined in Section 26700 of the Penal Code or to the person relinquishing the firearm.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The restraining order requiring a person to relinquish a firearm and ammunition pursuant to subdivision (b) shall state on its face
that the respondent is prohibited from owning, possessing, purchasing, or receiving a firearm or ammunition while the protective order is in effect and that the firearm or ammunition shall be relinquished to the local law enforcement agency for that jurisdiction or sold to a licensed gun dealer, and that proof of surrender or sale shall be filed with the court within a specified period of receipt of the order. The order shall also state on its face the expiration date for relinquishment. Nothing in this section shall limit a respondent’s right under existing law to petition the court at a later date for modification of the order.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The restraining order requiring a person to relinquish a firearm or ammunition pursuant to subdivision (b) shall prohibit the person from possessing or controlling any firearm or ammunition for the duration of the order. At the expiration of the order, the local law enforcement agency shall return possession of any
surrendered firearm and ammunition to the respondent, within five days after the expiration of the relinquishment order, unless the local law enforcement agency determines that (1) the firearm has been stolen, (2) the respondent is prohibited from possessing a firearm because the respondent is in any prohibited class for the possession of firearms, as defined in Chapter 2 (commencing with Section 29800) and Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of the Penal Code and Sections 8100 and 8103 of the Welfare and Institutions Code, or (3) another successive restraining order is issued against the respondent under this section. If the local law enforcement agency determines that the respondent is the legal owner of any firearm or ammunition deposited with the local law enforcement agency and is prohibited from possessing any firearm, the respondent shall be entitled to sell or transfer the firearm or ammunition to a licensed dealer as defined in Section 26700 of the Penal
Code. If the firearm has been stolen, the firearm shall be restored to the lawful owner upon their identification of the firearm and proof of ownership.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The court may, as part of the relinquishment order, grant an exemption from the relinquishment requirements of this section for a particular firearm or ammunition if the respondent is not otherwise prohibited from owning, possessing, controlling, or purchasing a firearm and ammunition under state or federal law and one of the following applies:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The respondent is currently employed as a sworn peace officer who is required, as a condition of continued employment, to carry a firearm, ammunition, or firearm and ammunition and the current employer is unable to reassign the peace officer to another position where use of a specified firearm or ammunition is unnecessary. In such a case, a court may allow
the peace officer to continue to carry a specified firearm, ammunition, or firearm and ammunition, either on duty or off duty, if the court finds by a preponderance of the evidence, in writing or on the record, both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The peace officer’s personal safety depends on the ability to carry that specific firearm, ammunition, or firearm and ammunition outside of scheduled work hours.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The peace officer does not pose an additional threat of harm to a protected party or the public by having access to that specific firearm, ammunition, or firearm and ammunition, including whether the peace officer might use the firearm for a purpose other than as permitted under this paragraph.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Prior to making the finding in subparagraph (A), the court shall require a mandatory psychological evaluation of the peace
officer by a licensed mental health professional with domestic violence expertise. The court shall consider the results of an evaluation and may require the peace officer to enter into counseling or another remedial treatment program to deal with a propensity for domestic violence.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The respondent is not a peace officer but is required to carry a specific firearm, ammunition, or firearm and ammunition during scheduled work hours as a condition of continued employment, and the current employer is unable to reassign the respondent to another position where the firearm, ammunition, or firearm and ammunition is unnecessary. In this case, a court may grant an exemption to allow the respondent to possess a specific firearm, ammunition, or firearm and ammunition only during scheduled work hours if the court finds by a preponderance of the evidence, in writing or on the record, that the respondent does not pose an
additional threat of harm to a protected party or the public by having access to the specific firearm, ammunition, or firearm and ammunition only during scheduled work hours, including whether the respondent might utilize the firearm, ammunition, or firearm and ammunition for a purpose other than as permitted under this paragraph.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
To assist the court in making the determination pursuant to subparagraph (A), the court may order a psychological evaluation of the respondent by a licensed mental health professional with domestic violence expertise.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the court grants an exemption pursuant to this paragraph, the order shall provide that the specific firearm, ammunition, or firearm and ammunition shall be in the physical possession of the respondent only during scheduled work hours and that the exemption does not authorize the respondent to possess any other firearm or
ammunition, or to possess the specific firearm, ammunition, or firearm and ammunition outside of scheduled work hours.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If an exemption is granted pursuant to subdivision (f) during the pendency of a temporary restraining order and the court subsequently issues a restraining order after hearing on the same application, the court shall review and make a finding, in writing or on the record, as to whether the exemption remains appropriate, based upon the criteria set forth in paragraph (1) or (2) of subdivision (f), as applicable, in light of the issuance of the order after hearing. This review and finding shall occur at the time the restraining order after hearing is issued.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If an exemption is granted and the court subsequently renews the restraining order pursuant to Section 6345 of the Family Code at the request of a party, the court shall review
and make a finding, in writing or on the record, as to whether the exemption remains appropriate, based upon the criteria set forth in paragraph (1) or (2) of subdivision (f), as applicable, in light of the renewal. This finding shall be made at the time the restraining order after hearing is renewed.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The court may terminate or modify an exemption granted pursuant to this subdivision at any time if the respondent demonstrates a need to modify the specific firearm, ammunition, or firearm and ammunition authorized by the court pursuant to subdivision (f), if the respondent no longer meets the requirements in this section, or if the respondent otherwise violates the restraining order.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
During the period of the relinquishment order, a respondent is entitled to make one sale of all firearms that are in the possession of a local law enforcement agency pursuant to this section. A
licensed gun dealer, who presents a local law enforcement agency with a bill of sale indicating that all firearms owned by the respondent that are in the possession of the local law enforcement agency have been sold by the respondent to the licensed gun dealer, shall be given possession of those firearms, at the location where a respondent’s firearms are stored, within five days of presenting the local law enforcement agency with a bill of sale.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
If the respondent declines to relinquish possession of a firearm or ammunition based on the assertion of the right against self-incrimination, as provided by the Fifth Amendment to the United States Constitution and Section 15 of Article I of the California Constitution, the court may grant use immunity for the act of relinquishing the firearm or ammunition required under this section.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The relinquishment
or surrender of a firearm to a law enforcement agency pursuant to this section or the return of a firearm to a person pursuant to this section shall not be subject to the requirements of Section 27545 of the Penal Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Returns of firearms or ammunition pursuant to this section shall be governed by the applicable provisions of Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2026.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_A5CD1D90-B229-46E2-8C6F-CDC81E93B754">
<ns0:Num>SEC. 6.</ns0:Num>
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Section 527.11 of the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_ACB5ED5B-9419-4A86-B385-8A1872FBBC80">
<ns0:Num>527.11.</ns0:Num>
<ns0:LawSectionVersion id="id_CC73F75E-7224-4FE9-AA7A-8D4A28BAFB3E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
When relevant information is presented to the court at any noticed hearing that a restrained person has a firearm or ammunition, the court shall consider that information to determine, by a preponderance of the evidence, whether the person subject to an order defined in Section 527.6, 527.8, 527.85, Section 136.2 of the Penal Code, or Section 15657.03 of the Welfare and Institutions Code, has a firearm or ammunition in or subject to their immediate possession or control in violation of the order.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In making a determination under this section, the court may consider whether the restrained person filed a firearm or ammunition relinquishment, storage, or sales receipt or if an exemption from the firearm or ammunition prohibition was
granted.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The court may make the determination at any noticed hearing where a restraining order is issued, at a subsequent review hearing, or at any subsequent hearing while the order remains in effect.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the court makes a determination that the restrained person has a firearm or ammunition in violation of the order, the court must make a written record of the determination and provide a copy to any party who is present at the hearing and, upon request, to any party not present at the hearing.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
When presented with information under subdivision (a), the court may set a review hearing to determine whether a violation of the order has taken place.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The review hearing should be held within 10 court days after the
noticed hearing at which the information was presented. If the restrained person is not present when the court sets the review hearing, the protected person must provide notice of the review hearing to the restrained person at least two court days before the review hearing, in accordance with Section 414.10, by personal service or by mail to the restrained person’s last known address.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The court may for good cause extend the date of the review hearing for a reasonable period or remove it from the calendar.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The court shall order the restrained person to appear at the review hearing.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The court may conduct the review hearing in the absence of the protected person.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
This section does not prohibit the court from permitting a party or witness to
appear through technology that enables remote appearances, as determined by the court.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The determination made pursuant to this section may be considered by the court in issuing an order to show cause for contempt pursuant to paragraph (5) of subdivision (a) of Section 1209 or an order for monetary sanctions pursuant to Section 177.5.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2026.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_C8A3F89E-D4DA-4FB6-BE26-6B5FB5083C47">
<ns0:Num>SEC. 7.</ns0:Num>
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Section 527.12 of the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_A40EBA7D-80FC-4FB1-877D-E19CD804B742">
<ns0:Num>527.12.</ns0:Num>
<ns0:LawSectionVersion id="id_C27C37BF-31B4-4EFE-8BC9-291A93D4AC19">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A peace officer shall, upon the request of a petitioner, serve any temporary restraining order, order after hearing, or protective order issued pursuant to Sections 527.6, 527.8, and 527.85, Section 136.2 of the Penal Code, or Section 15657.03 of the Welfare and Institutions Code, on the respondent, whether or not the respondent has been taken into custody.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The petitioner shall provide the peace officer with an endorsed copy of the order and the officer shall complete and transmit the proof of service to the issuing court. It is a rebuttable presumption that the proof of service was signed on the date of service.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the protected person cannot produce an endorsed
copy of the order, the peace officer shall immediately verify the existence of the order in the California Restraining and Protective Order System.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the peace officer determines that an order subject to this section has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and advise the respondent to obtain a copy of the full order from the issuing court. Upon notice, the officer shall immediately enforce the order. The officer’s verbal notice of the terms of the order shall constitute service of the order and is sufficient notice for the purposes of this section and for the purposes of Sections 273.6 and 29825 of the Penal Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If an order served pursuant to this section is subject to the reporting requirements of Section 13730 of the Penal Code, the report shall include the name and assignment of the peace officer
who served the order and the case number of the order. If a report is not required, the information specified in this paragraph shall be included in the daily incident log of the officer’s employing law enforcement agency.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding any law, a fee shall not be charged to the petitioner for service of an order pursuant to this section.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
There shall be no civil liability on the part of, and no cause of action for false arrest or false imprisonment against, a peace officer who makes an arrest pursuant to a protective or restraining order that is regular upon its face, if the peace officer, in making the arrest, acts in good faith and has reasonable cause to believe that the person against whom the order is issued has notice of the order and has committed an act in violation of the order.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If there is more than one order issued and one of the orders is an emergency protective order that has precedence in enforcement pursuant to paragraph (1) of subdivision (c) of Section 136.2 of the Penal Code, the peace officer shall enforce the emergency protective order. If there is more than one order issued, none of the orders issued is an emergency protective order that has precedence in enforcement, and one of the orders issued is a no-contact order, the peace officer shall enforce the no-contact order. If there is more than one civil order regarding the same parties and neither an emergency protective order that has precedence in enforcement nor a no-contact order has been issued, the peace officer shall enforce the order that was issued last. If there are both civil and criminal orders regarding the same parties and neither an emergency protective order that has precedence in enforcement nor a no-contact order has been issued, the peace officer shall enforce the criminal order issued
last, subject to the provisions of subdivisions (h) and (i) of Section 136.2 of the Penal Code. This section does not exonerate a peace officer from liability for the unreasonable use of force in the enforcement of the order. The immunities afforded by this section shall not affect the availability of any other immunity that may apply, including, but not limited to, Sections 820.2 and 820.4 of the Government Code.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A peace officer required to serve a restraining or protective order under this section shall comply with Article 3 (commencing with Section 26660) of Chapter 2 of Part 3 of Division 2 of Title 3 of the Government Code. For purposes of this subdivision, any reference to “marshal” or “sheriff” in that article shall also include a peace officer required to serve a restraining or protective order under this section.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A peace officer required to serve a restraining or protective order under this section may, pursuant to the requirements set forth in Section 6103.2 of the Government Code, submit a billing to the superior court for payment of fees for service of the order. For purposes of this subdivision, any reference to “marshal” or “sheriff” in Section 6103.2 of the Government Code shall also include a peace officer required to serve a restraining or protective order under this section.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
For purposes of this section, “peace officer” has the same meaning as that term is defined in Section
830 of the Penal Code.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2026.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_45CDDB17-3B07-48F3-AB5A-B7EED2091095">
<ns0:Num>SEC. 8.</ns0:Num>
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Section 527.13 is added to the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
,
<ns0:Positioning>immediately following Section 527.12</ns0:Positioning>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_BC92EAD3-FBDD-4DBF-91A2-47C92DEB16D8">
<ns0:Num>527.13.</ns0:Num>
<ns0:LawSectionVersion id="id_3AE215EB-F0D0-4918-995D-D0E6B9BFF60F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The purpose of this section is to clarify that a court adjudicating a protective order or restraining order described in subdivision (e) of this section may order a search to be conducted of the Department of Justice Automated Firearms System and other databases, as described in Section 6306 of the Family Code, if the court is not otherwise required to cause a search to be conducted pursuant to that section or Section 18110 of the Penal Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The court may order a search to be conducted pursuant to and in accordance with the requirements set forth in subdivision (a) of Section 6306 of the Family Code in any of the following circumstances:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Upon receiving a petition for
any protective order or restraining order described in subdivision (e).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Before a hearing on the issuance, renewal, or termination of any protective order or restraining order described in subdivision (e).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Before a hearing concerning the respondent’s compliance with, or violation of, any protective order or restraining order described in subdivision (e).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
To the extent practicable with available resources, courts and designated law enforcement partners may develop protocols to ensure that before a hearing on the issuance, renewal, or termination of any protective order or restraining order that includes firearm prohibitions, a search is conducted of, at a minimum, the Department of Justice Automated Firearms System in order to inform the court’s findings about whether the respondent owns, possesses, or
controls firearms and has relinquished all firearms in compliance with a court order or state law.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
After issuing its ruling, the court shall advise the parties pursuant to subdivision (c) of Section 6306 of the Family Code and shall keep information obtained from a search conducted pursuant to this section confidential pursuant to subdivision (d) of Section 6306 of the Family Code.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section applies to all of the following protective and restraining orders:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A civil harassment restraining order issued under Section 527.6.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A domestic violence restraining order issued under Part 4 (commencing with Section 6300) of Division 10 of the Family Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An elder or dependent
adult abuse restraining order issued under Section 15657.03 of the Welfare and Institutions Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A gun violence restraining order issued under Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A juvenile court restraining order issued under Section 6380 of the Family Code or Section 213.5, 304, or 362.4 of the Welfare and Institutions Code.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A postsecondary school violence restraining order issued under Section 527.85.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A workplace violence restraining order issued under Section 527.8.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_F093B8F1-4EA9-4C16-9CA3-BD926A38E1A0">
<ns0:Num>SEC. 9.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:FAM:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'10.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'6300.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 6300 of the
<ns0:DocName>Family Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_702B84A4-7829-4A92-821B-59F78CAE9ABB">
<ns0:Num>6300.</ns0:Num>
<ns0:LawSectionVersion id="id_C7673891-6285-484F-8989-E2E2FD72190A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
An order may be issued under this part to restrain any person for the purpose specified in Section 6220, if an affidavit or testimony and any additional information provided to the court pursuant to Section 6306, shows, to the satisfaction of the court, reasonable proof of a past act or acts of abuse. The court may issue an order under this part based solely on the affidavit or testimony of the person requesting the restraining order.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
An ex parte restraining order issued pursuant to Article 1 (commencing with Section 6320) shall not be denied solely because the other party was not provided with notice.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A petitioner shall not be uniformly required to provide prior notice to the proposed respondent about a petition for a temporary or ex parte protective or restraining order in all cases, and shall not be required to establish exceptional circumstances.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A petitioners shall only be required to provide prior notice to the proposed respondent about a petition for a temporary or ex parte protective or restraining order on a case-by-case basis, if the court determines that requiring prior notice would be in the interests of justice and would not likely endanger the petitioner, proposed protected parties, or other persons.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
An ex parte request for a protective order, as defined in Section 6218, shall not be rejected for filing by the court clerk if it is submitted on mandatory Judicial
Council forms, includes all of the forms required to issue an order, and identifies the party submitting the request and the party who is the subject of the requested order.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B228D5F2-502C-42C4-887B-2A0183E4C5F6">
<ns0:Num>SEC. 10.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:FAM:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'10.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'6380.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 6380 of the
<ns0:DocName>Family Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B3E0C2FE-861E-424E-91EB-3656FBE65D5E">
<ns0:Num>6380.</ns0:Num>
<ns0:LawSectionVersion id="id_EF1FAE6C-2C5D-4C5C-B1F6-64D7F5DCEDA6">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Each county, with the approval of the Department of Justice, shall, by July 1, 1996, develop a procedure, using existing systems, for the electronic transmission of data, as described in subdivision (b), to the Department of Justice. The data shall be electronically transmitted through the California Law Enforcement Telecommunications System (CLETS) of the Department of Justice by law enforcement personnel, or with the approval of the Department of Justice, court personnel, or another appropriate agency capable of maintaining and preserving the integrity of both the CLETS and the California Restraining and Protective Order System, as described in subdivision (e). Data entry is required to be entered only once under the requirements of this section, unless the order is served at a later time. A portion of all fees payable to
the Department of Justice under subdivision (a) of Section 1203.097 of the Penal Code for the entry of the information required under this section, based upon the proportion of the costs incurred by the local agency and those incurred by the Department of Justice, shall be transferred to the local agency actually providing the data. All data with respect to criminal court protective orders issued, modified, extended, or terminated under Section 136.2, 273.5, 368, 646.9, or 1203.097 of the Penal Code, and all data filed with the court on the required Judicial Council forms with respect to any
protective
or restraining orders described in subdivision (b), including their issuance, modification, extension, or termination, shall be transmitted by the court or its designee within one business day to law enforcement personnel by either one of the following methods:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Transmitting a physical copy of the order to a local law enforcement agency authorized by the Department of Justice to enter orders into CLETS.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
With the approval of the Department of Justice, entering the order into CLETS directly.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Upon the issuance of a protective order to which this division applies pursuant to Section 6221, or the issuance of
any other protective or restraining order pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or the issuance of a criminal court protective order under Section 136.2, 273.5, 368, 646.9, 646.91, or 1203.097 of the Penal Code, or a retail crime restraining order under Section 490.8 of the Penal Code, or the issuance of a juvenile court restraining order related to domestic violence pursuant to Section 213.5, 304, or 362.4 of the Welfare and Institutions Code, or the issuance of a gun violence restraining order pursuant to Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code, or the issuance of a protective order
pursuant to Section 15657.03 of the Welfare and Institutions Code, or upon registration with the court clerk of a valid protective or restraining order or valid extreme risk protection order issued by the tribunal of another state or jurisdiction, as defined in Section 6401, and including any of the foregoing orders issued in connection with an order for modification of a custody or visitation order issued pursuant to a dissolution, legal separation, nullity, or paternity proceeding the Department of
Justice shall be immediately notified of the contents of the order and the following information:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The name, race, date of birth, and other personal descriptive information of the respondent as required by a form prescribed by the Department of Justice.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The names of the protected persons.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The date of issuance of the order.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The duration or expiration date of the order.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The terms and conditions of the protective order, including stay-away, no-contact, residency exclusion, custody, and visitation provisions of the order.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The department or division number and the address of the court.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Whether or not the order was served upon the respondent.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The terms and conditions of any restrictions on the ownership or possession of firearms.
</html:p>
<html:p>All available information shall be included; however, the inability to provide all categories of information shall not delay the entry of the information available.</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The information conveyed to the Department of Justice shall also indicate whether the respondent was present in court to be informed of the contents of the court order. The respondent’s presence in court shall provide proof of service of notice of the terms of the protective order. The respondent’s failure to appear shall also be included in the information provided to the Department of Justice.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Within one business day of service, a law enforcement officer who served a protective order shall submit the proof of service directly into the Department of Justice California Restraining and Protective Order System, including the officer’s name and law enforcement agency, and shall transmit the original proof of service form to the issuing court.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Within one business day of receipt of proof of service by a person other than a law enforcement officer, the clerk of the court shall submit the proof of service of a protective order directly into the Department of Justice California Restraining and Protective Order System, including the name of the person who served the order. If the court is unable to provide this notification to the Department of Justice by electronic transmission, the court shall, within one business day of receipt, transmit a copy of the proof of service to a local law enforcement
agency. The local law enforcement agency shall submit the proof of service directly into the Department of Justice California Restraining and Protective Order System within one business day of receipt from the court.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The Department of Justice shall maintain a California Restraining and Protective Order System and shall make available to court clerks and law enforcement personnel, through computer access, all information regarding the protective and restraining orders and injunctions described in subdivision (b), whether or not served upon the respondent.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If a court issues a modification, extension, or termination of a protective order, it shall be on forms adopted by the Judicial Council of California and that have been approved by the Department of Justice, and the transmitting agency for the county shall immediately notify the Department of Justice, by electronic
transmission, of the terms of the modification, extension, or termination.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The Judicial Council shall assist local courts charged with the responsibility for issuing protective orders by developing informational packets describing the general procedures for obtaining a domestic violence restraining order and indicating the appropriate Judicial Council forms. The informational packets shall include a design, that local courts shall complete, that describes local court procedures and maps to enable applicants to locate filing windows and appropriate courts, and shall also include information on how to return proofs of service, including mailing addresses and fax numbers. The court clerk shall provide a fee waiver form to all applicants for domestic violence protective orders. The court clerk shall provide all Judicial Council forms required by this chapter to applicants free of charge. The informational packet shall also contain a statement
that the protective order is enforceable in any
state or jurisdiction, as defined in Section 6401, and general information about agencies in other jurisdictions that may be contacted regarding enforcement of an order issued by a court of this state.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
For the purposes of this part, “electronic transmission” shall include computer access through the California Law Enforcement Telecommunications System (CLETS).
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
All protective and restraining orders issued on forms adopted by the Judicial Council and that have been approved by the Department of Justice shall be transmitted to the Department of
Justice.
A valid protective or restraining order
or valid extreme risk protective order issued by a tribunal of another state or jurisdiction, as defined in Section 6401, including, but not limited to, orders related to domestic or family violence, shall also, upon request, be registered pursuant to Section 6404.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
All protective orders subject to transmittal to CLETS pursuant to this section are required to be so transmitted.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This
subdivision does not constitute a change in, but is declaratory of, existing law.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_E1BFEDF8-B7FA-46CA-9CA6-10DDA8C589F8">
<ns0:Num>SEC. 11.</ns0:Num>
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Section 6380.5 of the
<ns0:DocName>Family Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_BB910FC5-C910-4D5E-B0C2-92772D0807EB">
<ns0:Num>6380.5.</ns0:Num>
<ns0:LawSectionVersion id="id_4770F746-CCC0-4C9E-9524-AE45657EC6E8">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
This section shall be known, and may be cited, as Wyland’s Law.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Subject to an appropriation by the Legislature, or the availability of necessary funding through grants or other sources, the department may establish, or contract with a vendor to establish, an automated protected person information and notification system to provide a petitioner or protected person in a protective order case with automated access to information maintained in the California Restraining and Protective Order System about their case, which shall include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Whether the department has
received a record of the protective order.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the protective order has been successfully served on the restrained person.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding any other law, if the restrained person has violated the protective order by attempting to purchase or acquire a firearm or ammunition while the order is in effect.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, a record demonstrating whether the superior court has fulfilled its transmission obligations pursuant to subdivision (a) or (b) of Section 6380 is required to be open to public inspection and copying.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding any other law, a record demonstrating receipt of information about a protective order that the department maintains is a public record that is not exempt from disclosure
in response to a public record request made pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Paragraph (2) of this subdivision does not constitute a change in, but is declaratory of, existing law.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Department” means the Department of Justice.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Protective order” includes all order types listed in Section 6380 and the reissuance, extension, modification, or termination of the order.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_39AE700C-7215-4306-A4CC-86F3D2BC12B9">
<ns0:Num>SEC. 12.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:FAM:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'10.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'6383.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 6383 of the
<ns0:DocName>Family Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_F776DB36-67F2-4B71-82E3-200875C5D6FE">
<ns0:Num>6383.</ns0:Num>
<ns0:LawSectionVersion id="id_D730A4D2-AA7D-4A2D-8125-19C003B292ED">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A temporary restraining order, emergency protective order, or an order issued after hearing pursuant to this part shall, on request of the petitioner, be served on the respondent, whether or not the respondent has been taken into custody, either by a law enforcement officer, excluding those defined in subdivision (a) of Section 830.5 of the Penal Code, who is present at the scene of reported domestic violence involving the parties to the proceeding or who receives a request from the petitioner to provide service of the order.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The petitioner shall provide the officer with an endorsed copy of the order and a proof of service that the officer shall complete and transmit to the issuing court.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Service shall be provided pursuant to Section 6389 of the Family Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding any other law, a fee shall not be charged to the petitioner for service of an order described in subdivision (a).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If a firearm is obtained at the scene of a domestic violence incident or during service as provided in this section, law enforcement shall enter, or cause to be entered, the firearm into the Department of Justice Automated Firearms System pursuant to Section 11108.2 of the Penal Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
It is a rebuttable presumption that the proof of service was signed on the date of service.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Upon receiving information at the scene of a domestic violence incident that a protective order has been
issued under this part, or that a person who has been taken into custody is the respondent to that order, if the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately inquire of the California Restraining and Protective Order System to verify the existence of the order.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and where a written copy of the order can be obtained, and the officer shall, at that time, also enforce the order. The law enforcement officer’s verbal notice of the terms of the order shall constitute service of the order and is sufficient notice for the purposes of this section and for the purposes of Sections 273.6 and 29825 of the Penal Code.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If a report is required under
Section 13730 of the Penal Code, or if no report is required, then in the daily incident log, the officer shall provide the name and assignment of the officer notifying the respondent pursuant to subdivision (e) and the case number of the order.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Upon service of the order outside of the court, a law enforcement officer shall advise the respondent to go to the local court to obtain a copy of the order containing the full terms and conditions of the order.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
There shall be no civil liability on the part of, and no cause of action for false arrest or false imprisonment against, a peace officer who makes an arrest pursuant to a protective or restraining order that is regular upon its face, if the peace officer, in making the arrest, acts in good faith and has reasonable cause to believe that the person against whom the order is issued has notice of the
order and has committed an act in violation of the order.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If there is more than one order issued and one of the orders is an emergency protective order that has precedence in enforcement pursuant to paragraph (1) of subdivision (c) of Section 136.2 of the Penal Code, the peace officer shall enforce the emergency protective order. If there is more than one order issued, none of the orders issued is an emergency protective order that has precedence in enforcement, and one of the orders issued is a no-contact order, as described in Section 6320, the peace officer shall enforce the no-contact order. If there is more than one civil order regarding the same parties and neither an emergency protective order that has precedence in enforcement nor a no-contact order has been issued, the peace officer shall enforce the order that was issued last. If there are both civil and criminal orders regarding the same parties and neither an emergency
protective order that has precedence in enforcement nor a no-contact order has been issued, the peace officer shall enforce the criminal order issued last, subject to the provisions of subdivisions (h) and (i) of Section 136.2 of the Penal Code. This section does not exonerate a peace officer from liability for the unreasonable use of force in the enforcement of the order. The immunities afforded by this section shall not affect the availability of any other immunity that may apply, including, but not limited to, Sections 820.2 and 820.4 of the Government Code.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A peace officer listed in Section 18250 of the Penal Code shall take temporary custody of any firearm or other deadly weapon or ammunition in plain sight or discovered pursuant to a consensual or otherwise lawful search as necessary for the protection of the peace officer or other persons present in any of the following circumstances:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The peace officer is at the scene of a domestic violence incident involving a threat to human life or a physical assault.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The peace officer is serving a protective order issued pursuant to this part.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The peace officer is serving a gun violence restraining order issued pursuant to Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
A peace officer required to serve a restraining or protective order under this section shall comply with Article 3 (commencing with Section 26660) of Chapter 2 of Part 3 of Division 2 of Title 3 of the Government Code. For purposes of this subdivision, any reference to “marshal” or “sheriff” in that
article shall also include a peace officer required to serve a restraining or protective order under this section.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
A peace officer required to serve a restraining or protective order under this section may, pursuant to the requirements set forth in Section 6103.2 of the Government Code, submit a billing to the superior court for payment of fees for service of the order. For purposes of this subdivision, any reference to “marshal” or “sheriff” in Section 6103.2 of the Government Code shall also include a peace officer required to serve a restraining or protective order under this section.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_C7757B0C-CD39-4CFF-8E2E-9CD7C4FE59B1">
<ns0:Num>SEC. 13.</ns0:Num>
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Section 6401 of the
<ns0:DocName>Family Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_4A3B1A09-4564-4044-906A-04E76AF22BA4">
<ns0:Num>6401.</ns0:Num>
<ns0:LawSectionVersion id="id_A17CCB25-07D6-4EE0-A990-CB2C9CC957F2">
<ns0:Content>
<html:p>In this part:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Foreign protection order” means a protection order issued by a tribunal of another state or jurisdiction.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Issuing state or jurisdiction” means the state
or jurisdiction whose tribunal issues a protection order.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Mutual foreign protection order” means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Protected individual” means an individual
protected by a protection order.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Protection order” means an injunction or other order, issued by a tribunal under the domestic violence, family violence, or antistalking laws of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual. The term also includes any other injunction or order defined as a “protection order” under the federal Violence Against Women Act (18 U.S.C. Sec. 2266(5)), including both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence, or contact or communication with or physical proximity to, another person, including any temporary or final order issued by a civil or criminal court whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any support, child custody or visitation provisions, orders, remedies or relief issued as part of a protection order, restraining order, or injunction pursuant to state, tribal, territorial, or local law authorizing the issuance of protection orders, restraining orders, or injunctions for the
protection of victims of domestic violence, sexual assault, dating violence, or stalking.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Respondent” means the individual against whom enforcement of a protection order is sought.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“State or jurisdiction” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or any branch of the United States military, that has jurisdiction to issue protection orders.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“Tribunal” means a court, agency, or other entity authorized by law to issue or modify a protection order.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B1E4D488-932F-44C2-8A6D-5B09F404B27D">
<ns0:Num>SEC. 14.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:FAM:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'10.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'6402.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 6402 of the
<ns0:DocName>Family Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_82319400-7C1C-4B34-AF08-4D3397FAD5BB">
<ns0:Num>6402.</ns0:Num>
<ns0:LawSectionVersion id="id_E9AFBC87-9C2B-44CD-AD4A-26180C6A0EA2">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a tribunal of this state. The tribunal shall enforce the terms of the order, including terms that provide relief that a tribunal of this state would lack power to provide but for this section. The tribunal shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition, or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the tribunal shall follow the procedures of this state for the enforcement of protection orders.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A tribunal of this state may
not enforce a foreign protection order issued by a tribunal of a state or jurisdiction that does not recognize the standing of a protected individual to seek enforcement of the order.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A tribunal of this state shall enforce the provisions of a valid foreign protection order which govern custody and visitation, if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state or jurisdiction.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A foreign protection order is valid if it meets all of the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Identifies the protected individual and the respondent.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Is currently in effect.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state or jurisdiction.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an order ex parte, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with
the rights of the respondent to due process.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A foreign protection order valid on its face is prima facie evidence of its validity.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A tribunal of this state may enforce provisions of a mutual foreign protection order which favor a respondent only if both of the following are true:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The respondent filed a written pleading seeking a protection order from the tribunal of the issuing state.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The tribunal of the issuing state made specific findings in favor of the respondent.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B4ECDAFB-81A4-4FD7-9BFB-B7605C20F66E">
<ns0:Num>SEC. 15.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:FAM:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'6403.5'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 6403.5 is added to the
<ns0:DocName>Family Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_8ADCD506-BEDD-4A05-AD9A-9FC1CD905AB2">
<ns0:Num>6403.5.</ns0:Num>
<ns0:LawSectionVersion id="id_42B209BB-A609-4A9E-95DD-847199A34090">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For the purposes of this section, the term “extreme risk protection order” means an injunction, restraining order, or other civil or criminal court order issued by a tribunal under the laws of the issuing state or jurisdiction, as defined in Section 6401, that does not name a protected individual, but prohibits the respondent from possessing, owning, controlling, purchasing, or receiving, firearms for the duration of the order based on evidence that the respondent poses a danger to themselves or others. Extreme risk protection orders are similar or equivalent to civil orders described as “gun violence restraining orders” under Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code, and to criminal protective orders to surrender firearms under clause (ii) of subparagraph (G) of
paragraph (1) of subdivision (a) of Section 136.2 of the Penal Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A law enforcement agency or officer in this state may seek enforcement in a tribunal of this state of a valid extreme risk protection order issued by a tribunal under the laws of another state or jurisdiction.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For the purposes this section, an extreme risk protection order is valid if the order meets all of the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The order identifies the respondent.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The order is currently in effect.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The order was issued by a tribunal under the laws of another state or jurisdiction, as defined in Section 6401, that had jurisdiction over the parties and subject matter under the law of the issuing state
or jurisdiction.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The order was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an order ex parte, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the rights of the respondent to due process.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The tribunal shall enforce the terms of a valid extreme risk protection order.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
An extreme risk protection order valid on its face is prima facie evidence of its validity.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Absence of any of the criteria for validity of an extreme risk protection order is an affirmative defense in an action seeking enforcement of the order.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A law enforcement officer of this state, upon determining that there is probable cause to believe that a valid extreme risk protection order exists and that the order has been violated, shall enforce the order as if it were the order of a tribunal of this state. Presentation of an extreme risk protection order that identifies the respondent and, on its face, is currently in effect, constitutes, in and of itself, probable cause to believe that a valid extreme risk protection order exists. For the purposes of this section, the extreme risk protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of an extreme risk protection order is not required for enforcement.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
If an extreme risk protection order is not presented, a law enforcement officer of this
state may consider other information in determining whether there is probable cause to believe that a valid extreme risk protection order exists.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
If a law enforcement officer of this state determines that an otherwise valid extreme risk protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent, and allow the respondent a reasonable opportunity to comply with the order before enforcing the order. Verbal notice of the terms of the order is sufficient notice for the purposes of this section.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Registration or filing of an order in this state is not required for the enforcement of a valid extreme risk protection order pursuant to this part.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
A
valid extreme risk protection order shall, upon request of a law enforcement officer or other petitioner, be registered with a court of this state under the same process for registration of foreign protection orders provided in Section 6404 in order to be entered in the California Restraining and Protective Order System established under Section 6380.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
The provisions of Section 6405 regarding immunities, liability, and precedence in enforcement shall apply to extreme risk protection orders under this section.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_392A70E6-69F2-442C-8195-B4622157BA87">
<ns0:Num>SEC. 16.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'26666.10.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 26666.10 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_1EA088C8-C137-4E9C-9943-BB1EEF93870F">
<ns0:Num>26666.10.</ns0:Num>
<ns0:LawSectionVersion id="id_D8FD9E1D-E502-49AD-B016-ADE95178CE87">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
On or before January 1, 2024, the Judicial Council shall create a statewide form or forms to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff, including their department or office.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A marshal or sheriff, including their department or office, shall accept an electronic signature and shall not require an original or wet signature on the form or forms created pursuant to this section.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The Judicial Council form or forms shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Require the name, address, and description of the person to be served and the signature of the litigant
requesting service, or their attorney of record, and may require any other pertinent information for service.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Indicate on the form which fields on the form, if any, are required.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Allow the litigant’s or their attorney of record’s signature to be made electronically.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Upon completion of the forms described in subdivision (a), requests to a marshal or sheriff, including their department or office, to serve a notice or other process pursuant to Section 26666 shall be made on the Judicial Council form or forms. No sheriff or marshal, including their department or office, shall require completion of a form or request other than the Judicial Council form or forms described in this section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Pursuant to Section 7927.430, the Judicial Council
form or forms and the information contained therein shall not be subject to disclosure and shall be kept confidential.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall remain in effect until January 1, 2028, and as of that date is repealed.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_4B8E154E-2934-4AB4-853F-0B504929F528">
<ns0:Num>SEC. 17.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'26666.10.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 26666.10 is added to the
<ns0:DocName>Government Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_FC27AB8C-B083-4045-B282-8B8DF66544E9">
<ns0:Num>26666.10.</ns0:Num>
<ns0:LawSectionVersion id="id_FFEFE61A-2D39-427A-B5F6-BDE264C87181">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
On or before January 1, 2028, the Judicial Council shall create a statewide form or forms to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff, or by a peace officer required to serve a restraining or protective order under Section 527.12 of the Code of Civil Procedure or Section 6383 of the Family Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A marshal or sheriff, or a peace officer required to serve a restraining or protective order under Section 527.12 of the Code of Civil Procedure or Section 6383 of the Family Code, including the marshal’s, sheriff’s, or peace officer’s department or office, shall accept an electronic signature and shall not require an original or wet signature on the form or forms
created pursuant to this section.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The Judicial Council form or forms shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Require the name, address, and description of the person to be served and the signature of the litigant requesting service, or their attorney of record, and may require any other pertinent information for service.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Indicate on the form which fields on the form, if any, are required.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Allow the litigant’s or their attorney of record’s signature to be made electronically.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Upon completion of the forms described in subdivision (a), requests to a marshal or sheriff, or to a peace officer required to serve a restraining or protective order under Section 527.12 of the Code of
Civil Procedure or Section 6383 of the Family Code, including the marshal’s, sheriff’s, or peace officer’s department or office, to serve a notice or other process pursuant to Section 26666 shall be made on the Judicial Council form or forms. A marshal, sheriff, or peace officer, including their department or office, shall not require completion of a form or request other than the Judicial Council form or forms described in this section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Pursuant to Section 7927.430, the Judicial Council form or forms and the information contained therein shall not be subject to disclosure and shall be kept confidential.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2028.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_36756494-345B-4ABD-80BD-D28C9123BCD9">
<ns0:Num>SEC. 18.</ns0:Num>
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Section 136.26 is added to the
<ns0:DocName>Penal Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_D2D874B1-962C-4969-8D4D-62DA1364C94F">
<ns0:Num>136.26.</ns0:Num>
<ns0:LawSectionVersion id="id_822BF14E-88DE-4AF3-9CBB-B30D0486552D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If a court issues a criminal protective order to protect one or more individuals pursuant to Section 136.2, 273.5, 368, 646.9, 1203.097, or other applicable law, the prosecuting agency shall seek to ensure the protected person or protected people named in that order are promptly notified about the issuance, terms, and duration of the protective order. This section does not apply if the protected person or people were notified about the protective order through their presence in court when the order was issued.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Each prosecuting agency identified in
subdivision (d), shall, on or before January 1, 2028, develop, adopt, and implement written policies and standards for the agency governing all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Ensuring protected parties are notified about the issuance, terms, and duration of criminal protective orders, as described in subdivision (a).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Receiving and responding to notifications from the court that a person subject to a gun violence restraining order, or any civil or criminal protective or restraining order identified in Section 29825, has violated the order’s firearm relinquishment requirements and may unlawfully possess or control firearms or ammunition in violation of court order and state law.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Receiving and responding to notifications that a person convicted of a crime prosecuted by that agency has violated the firearm relinquishment
requirements of Section 29810 and may unlawfully possess or control firearms or ammunition in violation of court order and state law.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In developing and updating the standards and policies developed pursuant to subdivision (b), prosecuting agencies are encouraged to consult and collaborate with domestic violence service providers and survivor advocates, local law enforcement and court administration representatives, and any guidance, technical assistance, or recommendations issued by the Department of Justice.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For the purposes of subdivisions (b) and (c), a “prosecuting agency” includes a district attorney’s office, and any city attorney’s office that prosecutes crimes related to domestic violence or abuse, or violations of protective or restraining orders, including violations related to unlawful possession or control of firearms and ammunition.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_BED1A72A-F935-4CD8-ABB5-81D4932C5913">
<ns0:Num>SEC. 19.</ns0:Num>
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Section 273.75 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_3B922F97-6722-4B39-BB52-3AB7460C251F">
<ns0:Num>273.75.</ns0:Num>
<ns0:LawSectionVersion id="id_2C6E3A7E-9156-4BFF-BD36-2A2F6B5126D0">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
On any charge involving acts of domestic violence as defined in subdivisions (a) and (b) of Section 13700 of the Penal Code or Sections 6203 and 6211 of the Family Code, the district attorney or prosecuting city attorney shall perform or cause to be performed, by accessing the electronic databases enumerated in subdivision (b), a thorough investigation of the defendant’s history, including, but not limited to, prior convictions for domestic violence, other forms of violence or weapons offenses and any current protective or restraining order issued by any civil or criminal court. This information and the information provided by the arresting agency pursuant to Section 273.76 shall be presented for consideration by the court (1) when setting bond or when releasing a defendant on their own recognizance at the arraignment, if
the defendant is in custody, (2) upon consideration of any plea agreement, and (3) when issuing a protective order pursuant to subdivision (h) or (i) of Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, subdivision (k) of Section 646.9, or paragraph (2) of subdivision (a) of Section 1203.097. In determining bail or release upon a plea agreement, the court shall consider the safety of the victim, the victim’s children, and any other person who may be in danger if the defendant is released.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, the district attorney or prosecuting city attorney shall search or cause to be searched the following databases, when readily available and reasonably accessible:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The California Sex and Arson Registry (CSAR).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Supervised Release File.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
State summary criminal history information maintained by the Department of Justice pursuant to Section 11105 of the Penal Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The Federal Bureau of Investigation’s nationwide database.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Locally maintained criminal history records or databases.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The Department of Justice Automated Firearms System.
</html:p>
<html:p>However, a record or database need not be searched if the information available in that record or database can be obtained as a result of a search conducted in another record or database.</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If the investigation required by this
section reveals a current civil protective or restraining order or a protective or restraining order issued by another criminal court and involving the same or related parties, and if a protective or restraining order is issued in the current criminal proceeding, the district attorney or prosecuting city attorney shall send relevant information regarding the contents of the order issued in the current criminal proceeding, and any information regarding a conviction of the defendant, to the other court immediately after the order has been issued. When requested, the information described in this subdivision may be sent to the appropriate family, juvenile, or civil court. When requested, and upon a showing of a compelling need, the information described in this section may be sent to a court in another state.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the information provided to the court pursuant to subdivision (a) indicates that the defendant owns or possesses a firearm, or if the
court otherwise receives evidence that the defendant owns or possesses a firearm or ammunition, the court shall provide information to the defendant on how to comply with the firearm and ammunition prohibition. If evidence of compliance with firearms prohibitions is not provided within 48 hours of the defendant being served with the protective order or after a review hearing pursuant to Rule 4.700 of the California Rules of Court if required or as may be required otherwise, the court shall order the clerk of the court to notify within two business days, by the most effective means available, the prosecuting agency and appropriate law enforcement officials of the issuance and contents of the protective order, information about the firearm or ammunition, and of any other information obtained through the search that the court determines is appropriate. The prosecuting agency and law enforcement officials so notified shall take all actions necessary to obtain those and any other firearms or ammunition owned,
possessed, or controlled by the defendant and to address any violation of the order with respect to firearms or ammunition as appropriate and as soon as practicable.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_200FCC9A-2267-459E-9A2C-ABD478A7BB47">
<ns0:Num>SEC. 20.</ns0:Num>
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Section 422.85 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_76E370CA-C7A3-4D08-9E6B-7E3B54BC7955">
<ns0:Num>422.85.</ns0:Num>
<ns0:LawSectionVersion id="id_D860B7BE-E414-464A-BD7C-1DB634ECF1C1">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
In the case of any person who is convicted of any offense against the person or property of another individual, private institution, or public agency, committed because of the victim’s actual or perceived race, color, ethnicity, religion, nationality, county of origin, ancestry, disability, gender, gender identity, gender expression, or sexual orientation, including, but not limited to, offenses defined in Section 302, 423.2, 594.3, 11411, 11412, or 11413, or for any hate crime, the court, absent compelling circumstances stated on the record, shall make an order protecting the victim, or known immediate family or domestic
partner of the victim, from further acts of violence, threats, stalking, or harassment by the defendant, including any stay-away conditions the court deems appropriate, and shall make obedience of that
protective order, including the provisions described in subdivision (c), a condition of the defendant’s probation. In these cases the court may also order that the defendant be required to do one or more of the following as a condition of probation:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Complete a class or program on racial or ethnic sensitivity, or other similar training in the area of civil rights, or a one-year counseling program intended to reduce the tendency toward violent and antisocial behavior if that class, program, or training is available and was developed or authorized by the court or local agencies in cooperation with organizations serving the affected community.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Make payments or other compensation to a community-based program or local agency that provides services to victims of hate violence.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s acts.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Any payments or other compensation ordered under this section shall be in addition to restitution payments required under Section 1203.04, and shall be made only after that restitution is paid in full.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A person subject to a protective order issued under this section shall not own, possess, purchase, have custody or control of, receive, or attempt to purchase or receive, a firearm or ammunition while the protective order is in effect.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The court shall order a person subject to a protective order issued under this section to
relinquish any firearms or ammunition pursuant to Section 527.9 of the Code of Civil Procedure.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A person who owns, possesses, has custody or control of, purchases, receives, or attempts to purchase or receive a firearm while the protective order is in effect is punishable pursuant to Section 29825.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B1302693-D2F9-4425-BED2-C134276FC74E">
<ns0:Num>SEC. 21.</ns0:Num>
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Section 422.865 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_67EC1D0E-674B-4138-ADDC-E1C341380F40">
<ns0:Num>422.865.</ns0:Num>
<ns0:LawSectionVersion id="id_63296BBF-D61C-498C-B4CB-F48D486B6D72">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
In the case of any person who is committed to a state hospital or other treatment facility under the provisions of Section 1026 for any offense against the person or property of another individual, private institution, or public agency because of the victim’s actual or perceived race, color, ethnicity, religion, nationality, county of origin, ancestry, disability, gender, or sexual orientation, including, but not limited to, offenses defined in Section 302, 423.2, 594.3, 11411, 11412, or 11413, or for any hate crime, and then is either placed on outpatient status or conditional release from the state hospital or other treatment
facility, the court or community program director may order that the defendant be required as a condition of outpatient status or conditional release to complete a class or program on racial or ethnic sensitivity, or other similar training in the area of civil rights, or a one-year counseling program intended to reduce the tendency toward violent and antisocial behavior if that class, program, or training is available and was developed or authorized by the court or local agencies in cooperation with organizations serving the affected community.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In the case of any person who is committed to a state hospital or other treatment facility under the provisions of Section 1026 for any offense against the person or property of another individual, private institution, or public agency committed because of the victim’s actual or perceived race, color, ethnicity, religion, nationality,
county
of origin, ancestry, disability, gender, or sexual orientation, including, but not limited to, offenses defined in Section 302, 423.2, 594.3, 11411, 11412, or 11413, or for any hate crime, and then is either placed on outpatient status or conditional release from the state hospital or other treatment facility, the court, absent compelling circumstances stated on the record, shall make an order protecting the victim, or known immediate family or domestic partner of the victim, from further acts of violence, threats, stalking, or harassment by the defendant, including any stay-away conditions as the court deems appropriate, and shall make obedience of that protective order, including the provisions described in subdivision (d), a condition of the defendant’s outpatient status or conditional
release.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
It is the intent of the Legislature to encourage state agencies and treatment facilities to establish education and training programs to prevent violations of civil rights and hate crimes.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A person subject to a protective order issued under this section shall not own, possess, have custody or control of, purchase, receive, or attempt to purchase or receive, a firearm or ammunition while the protective order is in effect.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The court shall order a person subject to a protective order issued under this section to relinquish any firearms or ammunition in their ownership, possession, custody, or control, pursuant to Section 527.9 of the Code of Civil Procedure.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A person who owns, possesses, has custody or control of, purchases, receives, or attempts to purchase or receive a firearm while the protective order is in effect is punishable pursuant to Section 29825.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_11175255-EC5E-43A7-A512-BFD040B6EB88">
<ns0:Num>SEC. 22.</ns0:Num>
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Section 422.88 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_11F5F46B-29AF-42C1-8199-A76CC6F4B33A">
<ns0:Num>422.88.</ns0:Num>
<ns0:LawSectionVersion id="id_B5A4FBFC-7403-45DD-B334-9A96C30462EF">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The court in which a criminal proceeding stemming from a hate crime or alleged hate crime is filed shall take all actions reasonably required, including granting criminal protective or restraining orders, to safeguard the health, safety, or privacy of the alleged victim, or of a person who is a victim of, or at risk of becoming a victim of, a hate crime.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The court in which a criminal proceeding stemming from a hate crime or alleged hate crime is filed shall, upon request by a prosecutor or victim or on the court’s own motion, consider issuing a criminal protective order
against the defendant to protect a person identified in subdivision (a) of this section.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If the court does not issue any protective order against the defendant to protect any person identified in subdivision (a), the court shall, upon request by a prosecutor or victim or on the court’s own motion, consider issuing a protective order equivalent to the firearm prohibition order described in clause (ii) of subparagraph (G) of paragraph (1) of subdivision (a) of Section 136.2, which does not name a protected person but provides as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The defendant shall not own, possess, have custody or control of, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The defendant shall relinquish any firearms or ammunition pursuant to Section 527.9 of the
Code of Civil Procedure.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A person who owns, possesses, has custody or control of, purchases, receives, or attempts to purchase or receive a firearm while the protective order is in effect is punishable pursuant to Section 29825.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Restraining orders issued pursuant to subdivision (a) or (b) may
include, without limitation, provisions prohibiting or restricting the photographing of a person who is a victim of, or at risk of becoming a victim of, a hate crime when reasonably required to safeguard the health, safety, or privacy of that person.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_078E0472-5760-488E-BF35-118705042E0F">
<ns0:Num>SEC. 23.</ns0:Num>
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Section 16520 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_F7FD1859-8A75-48C5-AA2F-612986496759">
<ns0:Num>16520.</ns0:Num>
<ns0:LawSectionVersion id="id_AD17F371-B47C-466E-8BE7-069C25BCE7CD">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
As used in the following provisions, “firearm” includes the frame or receiver of the weapon, including both a completed frame or receiver, or a firearm precursor part:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Section 136.2.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Section 646.91.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Sections 16515 and 16517.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Section 16550.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Section 16730.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Section 16960.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Section 16990.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Section 17070.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Section 17310.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Sections 18100 to 18500, inclusive.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Section 23690.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Sections 23900 to 23925, inclusive.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Commencing on July 1, 2026, Sections 25250 to 25275, inclusive.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
Sections 26500 to 26590, inclusive.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
Sections 26600 to 27140, inclusive.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
Sections 27200 to 28490, inclusive.
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
Sections 29010 to 29150, inclusive.
</html:p>
<html:p>
(18)
<html:span class="EnSpace"/>
Section 29185.
</html:p>
<html:p>
(19)
<html:span class="EnSpace"/>
Sections 29610 to 29750, inclusive.
</html:p>
<html:p>
(20)
<html:span class="EnSpace"/>
Sections 29800 to 29905, inclusive.
</html:p>
<html:p>
(21)
<html:span class="EnSpace"/>
Sections 30150 to 30165, inclusive.
</html:p>
<html:p>
(22)
<html:span class="EnSpace"/>
Section 31615.
</html:p>
<html:p>
(23)
<html:span class="EnSpace"/>
Sections 31700 to 31830, inclusive.
</html:p>
<html:p>
(24)
<html:span class="EnSpace"/>
Sections 34355 to 34370, inclusive.
</html:p>
<html:p>
(25)
<html:span class="EnSpace"/>
Sections 527.6 to
527.13, inclusive, of the Code of Civil Procedure.
</html:p>
<html:p>
(26)
<html:span class="EnSpace"/>
Sections 8100 to 8108, inclusive, of the Welfare and Institutions Code.
</html:p>
<html:p>
(27)
<html:span class="EnSpace"/>
Section 15657.03 of the Welfare and Institutions Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
As used in the following provisions, “firearm” also includes a rocket, rocket propelled projectile launcher, or similar device containing an explosive or incendiary material, whether or not the device is designed for emergency or distress signaling purposes:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Section 16750.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Subdivision (b) of Section 16840.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Section 25400.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Sections
25850 to 26025, inclusive.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Subdivisions (a), (b), and (c) of Section 26030.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Sections 26035 to 26055, inclusive.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
As used in the following provisions, “firearm” does not include an unloaded antique firearm:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Section 16730.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Section 16550.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Section 16960.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Section 17310.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Subdivision (b) of Section 23920.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Section 25135.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Chapter 6
(commencing with Section 26350) of Division 5 of Title 4.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Chapter 7 (commencing with Section 26400) of Division 5 of Title 4.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Sections 26500 to 26588, inclusive.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Sections 26700 to 26915, inclusive.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Section 27510.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Section 27530.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Section 27540.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
Section 27545.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
Sections 27555 to 27585, inclusive.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
Sections 29010 to 29150, inclusive.
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
Section 29180.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
As used in Sections 34005 and 34010, “firearm” does not include a destructive device.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
As used in Sections 17280 and 24680, “firearm” has the same meaning as in Section 922 of Title 18 of the United States Code.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
As used in Sections 29180 to 29184, inclusive, “firearm” includes the completed frame or receiver of a weapon.
</html:p>
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<ns0:Num>SEC. 24.</ns0:Num>
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Section 18120 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_1BCE59A5-970C-4808-93D3-FBBFC5D0FA65">
<ns0:Num>18120.</ns0:Num>
<ns0:LawSectionVersion id="id_13D8C5B3-94E7-4930-86F5-504B4F35F771">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A person subject to a gun violence restraining order issued pursuant to this division shall not have in the person’s custody or control, own, purchase, possess, or receive any firearms or ammunition while that order is in effect.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Upon issuance of a gun violence restraining order issued pursuant to this division, the court shall order the restrained person to surrender all firearms and ammunition in the restrained person’s custody or control, or which the restrained person possesses or owns pursuant to this subdivision.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The surrender ordered pursuant to paragraph (1) shall occur by immediately surrendering all firearms and ammunition in a safe manner, upon request
of a law enforcement officer, to the control of the officer, after being served with the restraining order. A law enforcement officer serving a gun violence restraining order that indicates that the restrained person possesses firearms or ammunition shall request that all firearms and ammunition be immediately surrendered.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the gun violence restraining order is issued as an ex parte order or order after notice and hearing, and is served by a person other than a law enforcement officer, and if no request is made by a law enforcement officer, the surrender shall occur within 24 hours of being served with the order, by surrendering all firearms and ammunition in a safe manner to the control of a local law enforcement agency, selling all firearms and ammunition to a licensed firearms dealer, or transferring all firearms and ammunition to a licensed firearms dealer in accordance with Section 29830.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The law enforcement officer or licensed firearms dealer taking possession of firearms or ammunition pursuant to this subdivision shall issue a receipt to the person surrendering the firearm or firearms or ammunition or both at the time of surrender.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A person ordered to surrender all firearms and ammunition pursuant to this subdivision shall, within 48 hours after being served with the order, do both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
File with the court that issued the gun violence restraining order the original receipt showing all firearms and ammunition have been surrendered to a local law enforcement agency or sold or transferred to a licensed firearms dealer. Failure to timely file a receipt shall constitute a violation of the restraining order.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
File a
copy of the receipt described in subparagraph (A) with the law enforcement agency, if any, that served the gun violence restraining order. Failure to timely file a copy of the receipt shall constitute a violation of the restraining order.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
When issuing an order pursuant to this subdivision, the court shall provide the respondent with information on how any firearms or ammunition still in the restrained party’s possession are to be relinquished, according to local procedures, and the process for submitting a receipt to the court showing proof of relinquishment. A court holding a hearing on this matter shall review the file to determine whether the receipt has been filed and inquire of the respondent whether they have complied with the requirement. Violations of the firearms or ammunition prohibition of any restraining order under this section shall be reported to the prosecuting attorney in the jurisdiction where the order has been issued
within two business days of the court hearing unless the restrained party provides a receipt showing compliance at a subsequent hearing or by direct filing with the clerk of the court. If the person does not file a receipt with the court within 48 hours after receiving the order for a firearm or ammunition in their possession, the court shall order the clerk of the court to immediately notify, by the most effective means available, appropriate law enforcement officials of the issuance and contents of a protective order, information about the firearm or ammunition, and of any other information the court deems appropriate.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), firearms or ammunition surrendered to a law enforcement officer or law enforcement agency pursuant to this section shall be retained by the law enforcement agency until the expiration of a gun violence restraining order that has been issued against the
restrained person. Upon expiration of an order, the firearms or ammunition shall be returned to the restrained person in accordance with the provisions of Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. Firearms or ammunition that are not claimed are subject to the requirements of Section 34000.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A restrained person who owns firearms or ammunition that are in the custody of a law enforcement agency pursuant to this section is entitled to sell the firearms or ammunition to a licensed firearms dealer or transfer the firearms or ammunition to a licensed firearms dealer in accordance with Section 29830 if the firearm or firearms or ammunition are otherwise legal to own or possess and the restrained person otherwise has right to title of the firearm or firearms or ammunition.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If a person other than the restrained person claims title to firearms or ammunition
surrendered pursuant to this section, and the person is determined by the law enforcement agency to be the lawful owner of the firearm or firearms or ammunition, the firearm or firearms or ammunition shall be returned to the person pursuant to Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Within one business day of receiving the receipt referred to in paragraph (4) of subdivision (b), the court that issued the order shall transmit a copy of the receipt to the Department of Justice in a manner and pursuant to a process prescribed by the department.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If the respondent declines to relinquish possession of a firearm or ammunition based on the assertion of the right against self-incrimination, as provided by the Fifth Amendment to the United States Constitution and Section 15 of Article I of the California Constitution, the court may grant use immunity for
the act of relinquishing the firearm or ammunition required under this section.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The relinquishment or surrender of a firearm to a law enforcement agency pursuant to this section or the return of a firearm to a person pursuant to this section shall not be subject to the requirements of Section 27545.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Returns of firearms or ammunition pursuant to this section shall be governed by the applicable provisions of Chapter 2 (commencing with Section 33850) of Division 11 of Title 4.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2026.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_869D6B31-314B-479B-9FBC-B57267BF62AC">
<ns0:Num>SEC. 25.</ns0:Num>
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Section 18120.5 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_A67F29CA-955C-4535-9F19-77AD5BE384CB">
<ns0:Num>18120.5.</ns0:Num>
<ns0:LawSectionVersion id="id_39D2CCFC-EF86-4B66-8EFC-9D072B4EA1A3">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
When relevant information is presented to the court at any noticed hearing that a restrained person has a firearm or ammunition, the court shall consider that information to determine, by a preponderance of the evidence, whether the person subject to an order defined in this division has a firearm or ammunition in or subject to their possession or control in violation of the order.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In making a determination under this section, the court may consider whether the restrained person filed a firearm or ammunition relinquishment, storage, or sales receipt or if an exemption from the firearm or ammunition prohibition was granted.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The court may make the determination at any noticed hearing where a restraining order is issued, at a subsequent review hearing, or at any subsequent hearing while the order remains in effect.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the court makes a determination that the restrained person has a firearm in violation of the order, the court must make a written record of the determination and provide a copy to any party who is present at the hearing and, upon request, to any party not present at the hearing.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
When presented with information under subdivision (a), the court may set a review hearing to determine whether a violation of the order has taken place.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The review hearing shall be held within 10 court days after the noticed hearing at which the
information was presented. If the restrained person is not present when the court sets the review hearing, the protected person must provide notice of the review hearing to the restrained person at least two court days before the review hearing, in accordance with Section 414.10 of the Code of Civil Procedure, by personal service or by mail to the restrained person’s last known address.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The court may for good cause extend the date of the review hearing for a reasonable period or remove it from the calendar.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The court shall order the restrained person to appear at the review hearing.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
This section does not prohibit the court from permitting a party or witness to appear through technology that enables remote appearances, as determined by the court.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The determination made pursuant to this section may be considered by the court in issuing an order to show cause for contempt pursuant to paragraph (5) of subdivision (a) of Section 1209 of the Code of Civil Procedure or an order for monetary sanctions pursuant to Section 177.5 of the Code of Civil Procedure.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2026.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_1F641532-6BEC-4CC4-A03D-27629384324C">
<ns0:Num>SEC. 26.</ns0:Num>
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Section 18205 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_FDF84C72-0FB2-4589-9A0C-28F1BC9C3586">
<ns0:Num>18205.</ns0:Num>
<ns0:LawSectionVersion id="id_50BAFD42-5CE5-49E6-A96E-702637B20DEA">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Every person who owns or possesses a firearm or ammunition with knowledge that they are prohibited from doing so by a temporary emergency gun violence restraining order issued pursuant to Chapter 2 (commencing with Section 18125), an ex parte gun violence restraining order issued pursuant to Chapter 3 (commencing with Section 18150), a gun violence restraining order issued after notice and a hearing issued pursuant to Chapter 4 (commencing with Section 18170), or by a valid order issued by an out-of-state jurisdiction that is similar or equivalent to a gun violence restraining order described in this division, is guilty of a misdemeanor. A person
convicted of a violation of this section before January 1, 2027, shall be prohibited from having custody or control of, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a five-year period, to commence upon the expiration of the existing gun violence restraining order. A person convicted of a violation of this section on or after January 1, 2027, shall be prohibited from having custody or control of, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition, within 10 years of the conviction, pursuant to Section 29805.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, a valid order issued by an out-of-state jurisdiction that is similar or equivalent to a gun violence restraining order described in this section must be
issued upon a showing by clear and convincing evidence that the person poses a significant danger of causing personal injury to themselves or another because of owning or possessing a firearm or ammunition.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_CB2DD1F0-75D6-47BF-B2A9-7E2759EAA4DA">
<ns0:Num>SEC. 27.</ns0:Num>
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Section 29805 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_3D361A2D-D156-4FCB-A6DC-C14DF0FFE24C">
<ns0:Num>29805.</ns0:Num>
<ns0:LawSectionVersion id="id_72006E76-279B-4E6A-BE89-F654A34CF3DD">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in Section 29855, subdivision (a) of Section 29800, or subdivision (b), any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, subdivision (f) of Section 148.5, Section 171b, paragraph (1) of subdivision (a) of Section 171c, Section 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 422.6, 626.9, 646.9, 830.95, 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, Section 487 if the property taken was a firearm, or of the conduct
punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any person who has an outstanding warrant for any misdemeanor offense described in this subdivision, and who has knowledge of the outstanding warrant, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Any person who is
convicted, on or after January 1, 2019, of a misdemeanor violation of Section 273.5, and who subsequently owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Any person who is convicted on or after January 1, 2020, of a misdemeanor violation of Section 25100, 25135, or 25200, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Any
person who is convicted on or after January 1, 2023, of a misdemeanor violation of Section 273a, subdivision (b) or (c) of Section 368, or subdivision (e) or (f) of Section 29180, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who is convicted on or after January 1, 2024, of a misdemeanor violation of this section, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Any person who is convicted on or after January 1, 2024, of a misdemeanor violation of paragraph (5), (6), or (7) of subdivision (c) of Section 25400, paragraph (5), (6), or (7) of subdivision (c) of Section 25850, subdivision (a) of Section 26350, or subdivision (a) of Section 26400, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Any person who is convicted on or after January 1, 2025, of a misdemeanor violation of subdivision (a) of Section 597, and who, within 10 years of
the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Any person, who is convicted on or after January 1, 2026, of a misdemeanor violation of Section 24610, 27530, 29185, 29186, 30605, 30610, 32900, 33215, or 33600, and who, within 10 years of the conviction, owns, purchases, receives, or has in their possession or under their custody or control any firearm, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Any
person who is convicted on or after January 1, 2027, of a misdemeanor violation of Section 273.65, 422.3, 422.7, 422.77, 18205, 29815, 29825, or 30305, or of subdivision (c) or (d) of Section 166, or any other offense that is defined as a hate crime under Title 11.6 of Part 1, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding 1 year, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
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<html:p>
(j)
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The court, on forms prescribed by the Department
of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860.
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<ns0:BillSection id="id_01B80155-99D6-4940-8B68-428FB61A8972">
<ns0:Num>SEC. 28.</ns0:Num>
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Section 29813.5 is added to the
<ns0:DocName>Penal Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_1ED9B3D8-73D8-4E2C-A8A1-1027F20B42E1">
<ns0:Num>29813.5.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
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Each local law enforcement agency, and each prosecuting agency identified in subdivision (c), shall do both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Designate a person responsible for accessing or receiving notifications from the superior court indicating that a restrained person has violated a protective or restraining order’s firearm relinquishment requirements, pursuant to subdivision (f) of Section 6306 and Section 6389 of the Family Code, Section 527.9 of the Code of Civil Procedure, Section 273.75 or Section 18120 of this code, or other applicable law.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Regularly ensure that the clerk of the superior court has updated contact information for the person responsible for accessing and
receiving such notifications from the court on behalf of the agency.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Law enforcement agencies operating in the same jurisdiction may agree to designate one lead agency for their jurisdiction responsible for receiving noncompliance notifications from the court, as described in subdivision (a), and for coordinating followup actions and information sharing necessary to investigate and address the violation of the protective or restraining order, including, but not limited to, the safety responses required under subdivision (f) of Section 6383 of the Family Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For the purposes of this section, a “prosecuting agency” includes a district attorney’s office, and any city attorney’s office that prosecutes crimes related to domestic violence or abuse, or violations of protective or restraining orders, including violations related to unlawful possession or control of firearms and
ammunition.
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</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_EA59B87B-C83D-40FA-A054-189890427431">
<ns0:Num>SEC. 29.</ns0:Num>
<ns0:Content>
<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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
<html:span class="ThinSpace"/>
B of the California Constitution.
</html:p>
<html:p>However, if the Commission on State Mandates determines that this act contains other 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.</html:p>
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