Protective and restraining orders: computer database system.

Existing law authorizes a judicial officer in a civil proceeding relating to domestic violence to issue an emergency protective order if there is an immediate and present danger of domestic violence, abuse, or abduction of a child, or abuse of an elder or dependent adult. Existing law also authorizes a court in a criminal proceeding to issue an emergency protective order if there is an immediate and present danger of stalking, as specified. Existing law requires a law enforcement officer, as defined, for purposes of court proceedings relating to domestic violence, or a peace officer, in criminal proceedings relating to stalking, who requests an emergency protective order, to carry copies of the order while on duty. Existing law also requires the Department of Justice to maintain a computer database system for protective and restraining orders and injunctions and make that information available to court clerks and law enforcement personnel. This bill would delete the requirement that a law enforcement officer or a peace officer, as described above, who requests an emergency protective order carry copies of the order while on duty. The bill would instead require the law enforcement agency to have that order entered into the computer database system for protective and restraining orders maintained by the Department of Justice. By imposing additional duties on local law enforcement agencies, the bill would impose a state-mandated local program. 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. 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 these statutory provisions.