SB 106

This bill allows a court in an action affecting the family to take judicial notice

of certain records relating to domestic violence.

Under current law, certain aspects of family law proceedings are modified if a

court finds that a parent has engaged in a pattern or serious incident of interspousal

battery or domestic abuse. If a guardian ad litem is appointed for a child in an action

affecting the family, the guardian ad litem is required to investigate whether there

is evidence that either parent engaged in interspousal battery or domestic abuse and

must report the results of the investigation to the court.

The bill specifies that in a family law action in which the parties have a minor

child, a court may take judicial notice of records available on the Internet site of the

consolidated court automation programs, commonly referred to as CCAP, relating to

certain convictions and restraining orders between the parties. Under the bill, the

court may take judicial notice of records available on CCAP relating to 1) a conviction

of a parent for a crime that is subject to the statutory domestic abuse surcharge and

is committed against the other parent, including battery, stalking, sexual assault,

damage to property, disorderly conduct, and other specified crimes; 2) a conviction

of a parent for a crime against a child that is committed against a child of the parties;

or 3) an injunction issued against a parent if the injunction was requested by the

other parent, for a domestic abuse or harassment restraining order.