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CA AB2040

Bill

Status

Introduced

2/14/2022

Primary Sponsor

Brian Maienschein

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Origin

State Assembly

2021-2022 Session

AI Summary

  • Modifies Penal Code Section 273.6 to establish specific penalties for violations of protective orders involving forced entry or trespassing into a protected person's residential dwelling when the parties are related as specified in domestic violence law.

  • Sets punishment for such violations at a fine not exceeding $2,000, or county jail imprisonment of not less than 30 days nor more than one year, or both, with court discretion to reduce the 30-day minimum if defendant serves at least 48 hours in jail.

  • Defines "residential dwelling" to include the protected party's primary residence, temporary shelters, hotels, and homes of friends or family members where the protected person relocates due to fear of the restrained party.

  • Removes language that would have allowed felony imprisonment under Penal Code Section 1170(h) for these specific violations, capping penalties at county jail terms.

  • Declares no state reimbursement is required because the bill only changes penalties for existing crimes under Government Code Section 17556.

Legislative Description

Criminal procedure: restraining order violation.

Last Action

In committee: Held under submission.

5/19/2022

Committee Referrals

Appropriations3/23/2022
Public Safety2/24/2022

Full Bill Text

No bill text available