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CA AB2338

Bill

Status

Passed

9/29/2020

Primary Sponsor

Shirley Weber

Click for details

Origin

State Assembly

2019-2020 Session

AI Summary

  • Permits courts to grant probation or conditional sentences in lieu of imprisonment or community service for parties found in contempt of Family Code court orders, replacing the mandatory sentencing requirement.

  • Probation or conditional sentence periods may not exceed one year for a first contempt finding, two years for a second finding, and three years for a third or subsequent finding.

  • Maintains existing contempt penalties including fines up to $1,000, imprisonment up to five days, and attorney's fees for the prevailing party.

  • Preserves existing mandatory community service and imprisonment requirements for Family Code contempt: up to 120 hours for first offense, 120 hours community service plus 120 hours imprisonment for second offense, and 240 hours of each for third or subsequent offenses.

  • Allows district attorneys or city attorneys to pursue contempt actions against parties violating Domestic Violence Protection Act court orders, with any ordered attorney's fees paid to domestic violence shelter service providers.

Legislative Description

Courts: contempt orders.

Last Action

Chaptered by Secretary of State - Chapter 283, Statutes of 2020.

9/29/2020

Committee Referrals

Appropriations8/8/2020
Public Safety7/1/2020
Rules6/11/2020
Judiciary2/24/2020

Full Bill Text

No bill text available