Governor Signs SB 723 - With No Reimbursement to Local Agencies

Earlier this week Governor Brown signed SB 723 (Pavley) Restraining orders which will expand the scope and duration of restraining orders.

Existing law authorizes any court with jurisdiction over a criminal matter to issue protective orders upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur.

The bill would require, in all cases in which a criminal defendant has been convicted of a crime of domestic violence, the court to consider, at the time of sentencing, issuing an order restraining the defendant from any contact with the victim, regardless of whether the defendant is sentenced to the state prison or a county jail, or whether imposition of sentence is suspended and the defendant is placed on probation. The order would be valid for up to 10 years, as determined by the court.

While the California Constitution requires the state to reimburse local agencies for state mandated local programs, this bill provides no reimbursement.