From the Maitri Quarterly.

Domestic Violence Legislation Enacted in California during the 1997 Legislative Session

By Shantha Ranganathan

These bills will be effective 1 Jan, 1998.

Civil and Family Law

AB 200: Amends Sections 3004, 3011, 3020, 3040, 3161 and 3162 of the Family Code. Declares that it is the policy of this State that the health, safety and welfare of the children shall be the court's primary concert in determining the best interests of the children when making orders regarding custody or visitation; states that perpetration of DV in a household where a child resides is detrimental to the child; requires the court to state reasons, in writing or on the record, for awarding custody to a parent who is an alleged batterer, child abuser, or substance abuser.

AB 588: Adds Section 676.9 to the Insurance Code. Prohibits discrimination by property and casualty insurers based on DV status of the application or insured.

AB 649: Adds Section 10144.3 to the Insurance Code. Prohibit life insurers from discriminating against persons who are, have been, or may be victims of DV.

Criminal Law
SB 115: Amends Section 1377 of the Penal Code. Eliminates civil compromise in cases of DV.

AB 45: Amends Section 136.2 and 1269c of the Penal Code. Allows judges setting bail to set an amount necessary to protect the victim and the victim's family from further abuse; provided that interested parties shall receive a copy of DV restraining orders.

AB 102: Amends Section 1170.1 of and adds Section 667.14 to the Penal Code. Requires the court, in DV cases witnessed by children, to consider the fact that the crime was witnessed by a minor as a circumstance in aggravation of the crime. Recommends that the Judicial Council revise a specified court rule to add to the circumstances in aggravation of the crime the fact that the victim of DV was pregnant at the time of the offense.

AB 340: Amends Section 136.2 of the Penal Code. Gives a restraining order issued in a criminal case of DV precedence over any conflicting civil orders affecting the parties.

AB 350: Adds Section 6274 to the Family Code, and adds Section 646.91 to the Penal Code. Authorizes a peace office to request an Emergency Protective Order for a stalking victim in immediate danger, provided that the victim alleges that s/he has been stalked by the assailant and that the assailant has made a credible threat against the victim or the victim's immediate family.

Welfare Reform
AB 1542: Amends and adds many sections to many codes of the welfare and Institutions Codes regarding DV issues. Provides for development of protocols for handling cases in which recipients of welfare benefits are past or present victims of abuse, effective time limits on receipt of assistance, work requirements, educational requirements and establishing training standards and curricula for welfare workers. Urgency bill: effective on Aug 18 1997, however, protocols will be implemented on January 1, 1999.

AB: Assembly Bill SB: Senate Bill DV: Domestic Violence Source: California Alliance Against Domestic Violence - CAADV 1997 Bill Summary California bills can be found at http://www.leginfo.ca.gov/bilinfo.html and Current statutes can be found at http://www.leginfo.ca.gov/calaw.html