AB 269

Under current law, an individual who has been arrested for a domestic abuse

incident must, unless the victim of the alleged domestic abuse signs a waiver, avoid

the victim's residence and avoid contacting the victim for 72 hours following the

arrest. If the individual intentionally violates this requirement, the individual must

forfeit not more than $1,000 (a civil penalty). Under this bill, the individual is guilty

of a misdemeanor and is subject to a fine of up to $10,000 or imprisonment of up to

nine months, or both.

Under current law, when a court imposes a sentence on an individual or places

an individual on probation for a conviction for a crime, the court may prohibit the

individual, during his or her sentence or probation period, from contacting victims

of, or co-actors in, a crime considered at sentencing if the court determines that such

a prohibition would be in the interest of public protection. An individual who violates

the prohibition is guilty of a Class A misdemeanor. This bill adds that a court may

also prohibit the individual from contacting witnesses to the crime. In addition, this

bill changes the penalty for violating a prohibition imposed following a conviction for

a felony to a Class H felony.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.