SB 538 California Senate · 2021-2022 Regular Session

Domestic violence and gun violence restraining orders.

Summary
Existing law permits a petitioner to seek a restraining order to protect against domestic violence or gun violence. Existing law requires the court to hold a hearing before issuing the restraining order, but the court may, in specified circumstances, issue an ex parte restraining order that is effective until the hearing. Existing law prescribes additional procedures for granting or denying a domestic violence restraining order or gun violence restraining order. Existing law prohibits a filing fee for an application, a responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a domestic violence protective order or a gun violence restraining order, as specified. This bill would require, by July 1, 2023, a court or court facility that receives petitions for domestic violence restraining orders or gun violence restraining orders to permit those petitions to be filed electronically. The bill would also permit parties and witnesses to appear remotely at a hearing on a petition for a gun violence restraining order or domestic violence restraining order. The bill would require the superior court of each county to provide telephone numbers for the public to call to obtain information regarding electronic filing and remote appearances, respectively. The bill would require the superior court of each county to develop, and to post on its internet website, local rules and instructions for electronic filing and remote appearances, respectively. The bill would prohibit fees for any filings related to a domestic violence restraining order or a gun violence restraining order.
Bill status signed all 5 stages cleared
Introduction
Feb 2021
Committee Review
Aug 2021
Senate Passage
Jun 2021
Assembly Passage
Sep 2021
Signed into Law
Oct 2021
Introduced Feb 17, 2021 Signed Oct 8, 2021
Floor votes · Senate Jun 2, 2021 · Assembly Sep 8, 2021

How they voted

350
Passed · 2 other
Total votes 37
Jun 2, 2021
D Democratic29
29 Yea
100% Yea
R Republican8
6 Yea 2
75% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
33
Key actions
13
Committee
7
Amendments
6
Oct 8, 2021
Signed into law
Approved by the Governor.
legislature
Sep 8, 2021
Lower · Passed
Read third time. Passed. (Ayes 78. Noes 0. Page 2888.) Ordered to the Senate.
lower
Aug 26, 2021
Lower · Passed
From committee: Do pass. (Ayes 16. Noes 0.) (August 26).
lower
Jun 30, 2021
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 29). Re-referred to Com. on APPR.
lower
Jun 22, 2021
Lower · Passed
From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 9. Noes 0.) (June 22). Re-referred to Com. on PUB. S.
lower
Jun 10, 2021
Committee
Referred to Coms. on JUD. and PUB. S.
lower
Jun 2, 2021
Upper · Passed
Read third time. Passed. (Ayes 38. Noes 0. Page 1390.) Ordered to the Assembly.
upper
May 25, 2021
Upper · Passed
Read second time and amended. Ordered to third reading.
upper
May 24, 2021
Upper · Passed
From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1195.) (May 20).
upper
Apr 28, 2021
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 5. Noes 0. Page 941.) (April 27). Re-referred to Com. on APPR.
upper
Apr 20, 2021
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
upper
Apr 14, 2021
Committee
Re-referred to Com. on PUB. S.
upper
Apr 8, 2021
Upper · Passed
Read second time and amended. Re-referred to Com. on RLS.
upper
Apr 7, 2021
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on RLS. (Ayes 11. Noes 0. Page 687.) (April 6).
upper
Mar 16, 2021
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
upper
Feb 25, 2021
Committee
Referred to Com. on JUD.
upper
Feb 17, 2021
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
0 primary · 1 co-sponsor

Sponsors

No sponsor information available.