Domestic violence: protective orders.
What changed between versions
Section 273.6 no longer provides for felony punishment when the person subject to a protective order was arrested, charged with, or convicted of a felony for the underlying conduct. All violations under Section 273.6 are now misdemeanors only.
Section 166(c)(1)(B) now excludes orders described in clause (v) of subparagraph (A) - which are civil protective orders issued under Family Code Sections 6320 or 6389, orders excluding a party from the family dwelling, and related injunctions - from the felony enhancement. Only criminal protective orders remain eligible for felony punishment.
A new exception is added: a violation will not be punishable as a felony if the underlying felony charge was dismissed (previously only applied when the charge was reduced to a misdemeanor).
Section 166(c)(2)(B) now explicitly states that the court's consideration of the protective order violation and alleged injury applies specifically to setting, reducing, or denying bail pursuant to Section 1275, rather than being a general sentencing consideration.
Assembly Member Ramos is added as a coauthor of the bill.