SB 104

Under current law, an individual who is, or who acts on behalf of, a victim of

abuse, harassment, or threats may obtain a temporary restraining order against the

person who has committed the acts of abuse, harassment, or making a threat. The

restraining order bars the person from contacting the victim and requires the person

to stay away from the victim's residence and other places temporarily occupied by the

victim until a court conducts a hearing to determine whether the restraining order

should be incorporated into a longer lasting injunction.

If the court determines that the person has engaged in, or may engage in, acts

of abuse, harassment, or threats against the victim, the court may issue an

injunction against the person. An injunction may stay in effect for up to four years

and bars the person from contacting the victim, requires the person to stay away from

the victim's residence, and may require the person to stay away from other locations

temporarily occupied by the victim.

A person who violates a restraining order or an injunction may be fined up to

$1,000 and imprisoned for up to nine months, except that a person who violates a

restraining order or injunction that was issued only for harassment faces the same

fine but may be imprisoned for up to 90 days.

This bill allows a court to order a person who is convicted of violating a

restraining order or an injunction to submit, for the duration of the restraining order

or injunction, to global positioning system (GPS) tracking by the Department of

Corrections (DOC). The bill also allows a court to order, as a condition of release, a

person who is charged with violating a restraining order or an injunction to submit

to GPS tracking. The bill requires the court to consider a request for GPS tracking

by a district attorney or by the individual who asked for the restraining order.

Under the bill, DOC must monitor the person's whereabouts with a GPS device

and, if the person enters into an area that he or she is required to avoid under the

terms of the restraining order or injunction, DOC must immediately notify local law

enforcement and the victim. Under the bill, a person who violates a restraining order

is required to pay a $200 surcharge in addition to his or her fine that will be used

toward the costs of GPS tracking. Under the bill, the court may order the person to

pay for the costs of GPS tracking. The bill makes it a Class I felony, punishable by

a fine up to $10,000, imprisonment for up to three years and six months, or both, for

a person to tamper with the GPS device.

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.