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<ns0:Id>20250SB__009994AMD</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-01-23</ns0:ActionDate>
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<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
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<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
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<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2026-01-05</ns0:ActionDate>
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<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2026-01-15</ns0:ActionDate>
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<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2026-01-22</ns0:ActionDate>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Blakespear</ns0:AuthorText>
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<ns0:Legislator>
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<ns0:House>SENATE</ns0:House>
<ns0:Name>Blakespear</ns0:Name>
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<ns0:Title> An act to amend Section 6383 of, and to add Section 6310 to, the Family Code, relating to protective orders.</ns0:Title>
<ns0:RelatingClause>protective orders</ns0:RelatingClause>
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<ns0:Subject>Military protective orders.</ns0:Subject>
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<html:p>Existing law establishes the Domestic Violence Prevention Act for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and providing for a separation of the persons involved in the domestic violence for a period sufficient to enable those persons to seek a resolution of the causes of the violence. Existing law authorizes a court to issue an ex parte protective order enjoining a party from, among other things, stalking, battering, or disturbing the peace of the other party.</html:p>
<html:p>This bill would authorize a court determining whether to issue a protective order to consider whether a military protective order has been issued against the respondent, as specified.</html:p>
<html:p>The bill would additionally require a law enforcement officer who receives information at the scene of a domestic violence incident that a military protective order has been issued to verify the existence of that order. The bill would require a law enforcement officer who determines that a military protective order has been issued against a person involved in the domestic violence incident who violates a provision of a domestic violence protective order to notify the law enforcement agency that entered
the military protective order that the restrained party may be in violation of a military protective order. By increasing duties on local law enforcement, this bill would impose a state-mandated local program.</html:p>
<html:p>The bill would authorize each law enforcement agency in the state that petitions for or enforces domestic violence protective orders to develop and adopt memoranda of understanding with military law enforcement or other designated representatives of one or more military installations located in whole or in part within the borders of its jurisdiction that govern the investigation and actions related to domestic violence involving service members assigned to units on those installations, as specified.</html:p>
<html:p>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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 6310 is added to the
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, to read:
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<ns0:Num>6310.</ns0:Num>
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(a)
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In determining whether to issue an order under this Part, the court may consider whether a military protective order has been issued against the respondent for the same or similar conduct against a person to be protected by the proposed order.
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<html:p>
(b)
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For the purposes of this section, “military protective order” means a protective order issued by a commanding officer in the Armed Forces of the United States, California National Guard, or the national guard of another state or territory against a person under the officer’s command.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 6383 of the
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is amended to read:
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<ns0:Num>6383.</ns0:Num>
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(a)
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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.
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(b)
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(1)
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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.
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<html:p>
(2)
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Service shall be provided pursuant to Section 6389 of the Family Code.
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<html:p>
(3)
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Notwithstanding any other law, a fee shall not be charged to the petitioner for service of an order described in subdivision (a).
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<html:p>
(4)
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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)
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It is a rebuttable presumption that the proof of service was signed on the date of service.
</html:p>
<html:p>
(d)
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Upon receiving information at the scene of a domestic violence incident that a protective order has been issued under this part, that a military protective order has been issued, or that a person who has been taken into custody is the respondent to that protective order or military protective order, if the protected person cannot produce an endorsed copy of the relevant order, a law enforcement officer shall immediately inquire of the California Restraining and Protective Order System to verify the existence of a protective order or the National Crime Information Center to verify existence of a military protective 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)
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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.
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<html:p>
(h)
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(1)
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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)
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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)
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A peace officer listed in Section 18250 of the Penal Code shall take temporary custody of any firearm or other deadly weapon 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)
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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"/>
If a law enforcement officer, pursuant to subdivision (d), determines that a military protective order registered in the National Crime Information Center systems (NCIC) has been issued against a person involved in the domestic violence incident who violates a provision of a protective order issued pursuant to this part or Part 5 (commencing with Section 6400),
that officer shall notify the law enforcement agency that entered the military protective order into NCIC that the restrained party may be in violation of a military protective order.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Each law enforcement agency in the state that petitions for or enforces protective orders issued pursuant to this division may develop and adopt memoranda of understanding with military law enforcement or other designated representatives of one or more military installations located in whole or in part within the borders of its jurisdiction that govern the investigation and actions related to domestic violence involving service members assigned to units on those installations. Those memoranda may include, but are not limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
To whom, how, and when
each party would report information about potential violations of military or civilian protective orders.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Each party’s role and responsibilities when conducting an investigation and in providing domestic violence prevention or rehabilitative services to a family in response to the results of the investigations, consistent with state and federal law.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Protocols describing what, if any, confidential information may be shared between the parties and for what purposes, in accordance with applicable state and federal law.
</html:p>
<html:p>
(l)
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For the purposes of this section, “military protective order” has the same meaning as defined in Section 6326.5.
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<ns0:Num>SEC. 3.</ns0:Num>
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<html:p>If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.</html:p>
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