AB 1889: Protective orders. - California

08/21/26 - Amended Senate → AB1889 · 5 edits

MODERATE

The enrolled version of AB 1889 adds a new subdivision (j) to Penal Code Section 136.2 that creates a specialized protective order provision for sexual offenses involving minor victims requiring sex offender registration. This new provision allows orders lasting until the later of 10 years or the victim's 18th birthday, and extends protection to the victim's family and household members. The general registerable sex offense provision in subdivision (i) is narrowed to exclude crimes covered by the new subdivision (j).

SCOPE

New subdivision (j) added to Section 136.2 specifically addressing sexual offenses involving minor victims that require registration under Section 290. Courts must consider issuing protective orders lasting up to the later of 10 years or until the minor victim reaches age 18, and may also restrain contact with family or household members of the victim.

Subdivision (i)(1) now begins with 'Except as otherwise provided in subdivision (j)' and changes the registerable sex offense language to 'a crime not listed in subdivision (j) that requires the defendant to register pursuant to subdivision (c) of Section 290,' carving minor-victim sexual offenses out of the general provision and into the new specialized provision.

TIMELINE

New subdivision (j) becomes operative on July 1, 2027, giving courts and local agencies time to prepare for the new requirements.

REQUIREMENT

Electronic monitoring provisions (now subdivision (k)) expanded to apply to orders issued under both subdivision (i) and the new subdivision (j), rather than only subdivision (i).

TECHNICAL

New subdivision (l) requires the Judicial Council to develop forms, instructions, and rules relating to protective orders issued or extended pursuant to subdivision (j) by July 1, 2027.

06/25/26 - Amended Senate → 08/21/26 - Amended Senate · 5 edits · Aug 21, 2026

MODERATE

AB 1889 was amended to correct a drafting error in the duration of protective orders (removing an erroneous '2 years' before 'one year after release') and to incorporate additional changes from companion bills SB 1395 and AB 2261. The most significant new provision adds a specific category for sexual offenses involving minor victims, allowing protective orders to last until the minor victim reaches age 18 (whichever is later than 10 years), operative July 1, 2027.

REQUIREMENT

Corrected the duration language for protective orders from '2 years one year after release' to simply 'one year after release from state prison or county jail, whichever is later.' This appears to fix a drafting error that created ambiguity about whether the order could extend 2 years beyond release.

SCOPE

Added new subdivision (j) to Section 136.2 of the Penal Code specifically addressing sexual offenses involving minor victims requiring registration under Section 290. The court must consider issuing a protective order valid for up to the later of 10 years or until the minor victim reaches 18 years of age. This provision becomes operative July 1, 2027.

The bill now incorporates additional changes to Section 136.2 proposed by SB 1395 and AB 2261, which will be operative only if AB 1889 and either or both of those bills are enacted and AB 1889 is enacted last.

TECHNICAL

Added a new subdivision (l) requiring the Judicial Council to develop forms, instructions, and rules relating to protective orders issued under the new minor victim provision by July 1, 2027.

Reorganized electronic monitoring provisions from within subdivision (i) into a separate new subdivision (k), applying to orders issued under either subdivision (i) or (j).

03/09/26 - Amended Assembly → 06/25/26 - Amended Senate · 3 edits · Jun 25, 2026

MINOR

The Senate amendment reduces the post-release duration of protective orders from 2 years to 1 year for both types of orders covered by the bill (Section 136.2 orders for domestic violence, trafficking, gang, and sex offense convictions, and Section 273.5 orders for corporal injury resulting in traumatic condition). This shortens how long a no-contact order remains enforceable after a person is released from state prison or county jail, which directly affects victim protection during the vulnerable post-release period.

REQUIREMENT

For Section 136.2 protective orders (domestic violence, human trafficking, gang crimes, registerable sex offenses): the maximum duration after release from prison or jail was reduced from 2 years to 1 year, whichever is later than the 10-year cap.

For Section 273.5 protective orders (corporal injury resulting in traumatic condition): the maximum duration after release from prison or jail was reduced from 2 years to 1 year, whichever is later than the 15-year cap.

TECHNICAL

The Legislative Counsel's Digest was reorganized: the state-mandated local program sentence was moved to a different position within the digest, and page numbers were renumbered from 98 to 97 due to the shorter text.

02/12/26 - Introduced → 03/09/26 - Amended Assembly · 3 edits · Mar 9, 2026

MINOR

The amendment expands AB 1889 to cover not only Section 136.2 (protective orders in criminal cases) but also Section 273.5 (battery resulting in traumatic condition). A new Section 2 is added that extends the duration of protective orders available upon conviction for battery of a spouse, cohabitant, or dating partner from a flat maximum of 15 years to 15 years or 2 years after release from state prison or county jail, whichever is later. This aligns the battery provision with the existing 10-year-or-2-years-after-release structure already in Section 136.2 for domestic violence and other offenses.

Scope change

Expanded from amending only Section 136.2 (general criminal protective orders) to also amending Section 273.5 (battery resulting in traumatic condition), adding a parallel post-release extension mechanism for that offense category.

SCOPE

The bill now amends both Section 136.2 and Section 273.5 of the Penal Code, rather than only Section 136.2. This brings protective order duration rules for battery resulting in traumatic condition (spouse, cohabitant, dating partner, or parent of offender's child) within the bill's reach.

REQUIREMENT

New Section 2 amends Penal Code Section 273.5(j)(1) to allow protective orders upon conviction for battery resulting in traumatic condition to be valid for up to 15 years, or 2 years after release from state prison or county jail, whichever is later. Previously the maximum was a flat 15 years with no post-release extension.

TECHNICAL

The no-reimbursement provision was renumbered from Section 2 to Section 3 to accommodate the new Section 2. Page numbers shifted from 99 to 98 due to formatting adjustments.

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