Existing law authorizes an elder or dependent adult who has suffered abuse, or another person who is legally authorized to seek that relief on behalf of that elder or dependent adult, to seek a protective order and governs the procedures for issuing that order. Existing law defines protective order for purposes of these provisions to include an order enjoining a party from specified forms of abuse, including attacking, stalking, threatening, or harassing an elder or dependent adult, an order excluding a party from the elder or dependent adult's residence, or an order enjoining a party from specified behavior that the court determines is necessary. This bill would include within the definition of protective order an order enjoining a party from isolating an elder or dependent adult. The bill would require certain requirements to be met for that order to be issued, including a showing by a preponderance of the evidence that the respondent's past act or acts of isolation of the elder or dependent adult prevented contact with the interested party and that the elder or dependent adult desires contact with the interested party, as specified. The bill would authorize the order to specify the actions to be enjoined, including enjoining the respondent from preventing an interested party from in-person or remote online visits, including telephone and online contact, with the elder or dependent adult. The bill would also include within the definition of protective order after notice and a hearing, a finding that specific debts were incurred as the result of financial abuse of the elder or dependent adult, as specified. The bill would make those provisions operative January 1, 2023. The bill would require the Judicial Council to revise or promulgate forms as necessary to implement those changes on or before February 1, 2023.
Asm. Blanca Rubio
Sponsored bills
(1) Existing law prohibits a person, business, or association from knowingly publicly posting or displaying on the internet the home address or home telephone number of a provider, employee, volunteer, or patient of a reproductive health care services facility, or of persons residing at the same home address as a provider, employee, volunteer, or patient of a reproductive health care services facility, with the intent to incite a 3rd person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, if the 3rd person is likely to commit this harm, or to threaten the person identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for the person's or coresident's personal safety. Existing law establishes a cause of action for damages and declaratory relief for violations. This bill would instead prohibit a person, business, or association from knowingly publicly posting, displaying, disclosing, or distributing the personal information, as defined, or image, of a reproductive health services patient, provider, or assistant, as defined, without that person's consent and with the above-specified intent. Existing law makes it a misdemeanor, punishable by up to 6 months in a county jail, a fine of not more than $2,500, or both that fine and imprisonment, to post the home address, telephone number, or personally identifying information about a provider, employee, volunteer, or patient of a reproductive health service facility or other individuals residing at the same home address with the intent that another person imminently use that information to commit a crime involving violence or a threat of violence against that person or entity. If the violation leads to bodily injury of the person, existing law makes it a misdemeanor punishable by up to one year in a county jail, a fine of up to $5,000, or both that fine and imprisonment. This bill would make it a crime to post personal information or an image of a provider, employee, volunteer, or patient and would increase the penalty to either imprisonment in a county jail for either one year, a fine of up to $10,000, or both that fine and imprisonment, and would increase the penalty for a violation resulting in bodily injury to $50,000. By increasing the penalty for a crime, this bill would impose a state-mandated local program. (2) Existing law, the California Freedom of Access to Clinic and Church Entrances Act (the Act) , prohibits specified actions that, by force, threat of force, or physical obstruction, impede access to reproductive health services facilities, as defined. This bill would also make it a crime, within 100 feet of the entrance to or within a reproductive health services facility, to intentionally videotape, film, photograph, or record by electronic means a reproductive health services patient, provider, or assistant, as defined, with the specific intent to intimidate a person from becoming or remaining a reproductive health services patient, provider, or assistant. The bill would also make it a crime to intentionally disclose or distribute material obtained in violation of that provision with the specific intent to intimidate a person from becoming or remaining a reproductive health services patient, provider, or assistant. The bill would exempt specified persons, including news reporters, from these provisions, as specified. By creating new crimes, this bill would impose a state-mandated local program. Existing law specifies the penalties for violation of the Act, including imprisonment as a misdemeanor and specified fines. This bill would increase the penalties for the existing crimes, as specified, and would establish the same penalties for the newly added crimes described. By increasing the penalty for a crime, this bill would impose a state-mandated local program. (3) Existing law, the Reproductive Rights Law Enforcement Act, requires the Attorney General to carry out certain functions relating to anti-reproductive-rights crimes in consultation with, among others, subject matter experts, and requires the Commission on the Status of Women and Girls to convene an advisory committee that consists of members of the organizations identified as subject matter experts. Existing law requires the advisory committee to make 2 reports to specified legislative entities, the Commission on Peace Officer Standards and Training (POST) , and the Commission on the Status of Women and Girls, the first by December 31, 2007, and the 2nd by December 31, 2011, to evaluate the implementation of the act and making recommendations. This bill would require local law enforcement agencies to report, in a manner prescribed by the Attorney General, the number of anti-reproductive-rights crime-related calls for assistance, the total number of arrests for anti-reproductive-rights crimes, and the total number of cases in which the district attorney charged an individual, as specified. The bill requires the Attorney General, beginning January 1, 2023, to annually report this information to the Legislature. This bill would require the advisory committee to make 2 additional reports, the first by December 31, 2025, and the 2nd by December 31, 2029, for the same purposes. Existing law requires POST to develop a 2-hour telecourse on anti-reproductive-rights crimes and make the telecourse available to all California law enforcement agencies and to the advisory committee. This bill would instead require the commission to develop an interactive training course on anti-reproductive-rights crimes and, subject to an appropriation in the annual Budget Act or other statute, update the course every 7 years, or on a more frequent basis as specified. This bill would also require all law enforcement agencies to develop, adopt, and implement written policies and standards for responding to anti-reproductive-rights calls by January 1, 2023. By requiring local law enforcement to develop and implement these policies, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Under existing law, if a person is convicted of specified domestic violence, elder abuse, or stalking offenses, the court is required to consider the issuance of an order restraining the defendant from contacting the victim, as specified. Existing law allows a person convicted of any infraction or misdemeanor, or any felony for which the person was granted probation or participated as an incarcerated member of a hand crew in the California Conservation Camp program, except as specified, to petition the court to have the pleading dismissed, as described, thus releasing the person of any penalties and disabilities of conviction, except as otherwise provided. Existing law also, as specified, provides automatic conviction dismissal for certain convictions meeting specified criteria. This bill would specify that dismissal of a pleading under any of these processes does not invalidate a protective order, as previously described, that was issued to the defendant in that case, and would clarify that such an order remains in effect until the order expires or is modified by the issuing court, despite the dismissal of the underlying pleading. This bill would incorporate additional changes to Section 1203.425 of the Penal Code proposed by SB 731 and AB 898 to be operative only if this bill, SB 731, and AB 898 are enacted and this bill is enacted last.
This measure would proclaim November 3, 2021, as One Health Day, to celebrate and bring attention to the need for a One Health approach to address shared health threats at the human-animal-environmental interface.
This measure would designate the month of September 2021 as Leukemia, Lymphoma, and Myeloma Awareness Month and Blood Cancer Awareness Month and the first week of September 2021 as Blood Donation Week.
This measure would declare August 2021 as Valley Fever Awareness Month.
This measure would designate a specified portion of Westside Parkway on State Route 58 in the County of Kern as the Harvey L. Hall Memorial Highway. The measure would request that the Department of Transportation determine the costs of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering those costs, erect those signs.
This measure would request that the Congress of the United States and the United States Environmental Protection Agency take all measures necessary to prevent further damage to California's citizens, wildlife, and natural resources by the dichloro-diphenyl-trichloroethane waste dumped in the waters near Santa Catalina Island.
This measure would proclaim May 2021 as Sea Level Rise Awareness Month in California in order to recognize the devastating effects of climate change and encourage local governments to take action.
This measure would declare the month of September 2021 as California Emergency Preparedness Month.