AB 1877

Existing law generally punishes the willful disobedience of a court order as contempt of court by imprisonment in a county jail for a term not exceeding 6 months, a fine not exceeding $1,000, or both that imprisonment and fine. Existing law makes the willful and knowing violation of specified protective orders or stay-away court orders punishable by imprisonment in a county jail for not more than one year, by a fine of not more than $1,000, or by both that imprisonment and fine for a first offense, and makes a 2nd or subsequent conviction for a violation of these specified protective orders or stay-away court orders occurring within 7 years of a prior conviction and involving an act of violence or credible threat of violence punishable as either a misdemeanor or a felony. If a violation of specified protective orders or stay-away court orders results in a physical injury, the individual is required to be in a county jail for at least 48 hours, whether a fine or imprisonment is imposed, or the sentence suspended. This bill would make a willful and knowing violation of specified protective orders or stay-away orders punishable as a felony if the subject of the protective order was arrested for, charged with, or convicted of a felony for the conduct upon which the protective order was based. The bill would make a second or subsequent conviction for a violation of specified protective orders or stay-away orders a felony. If a violation of specified protective orders or stay-away orders alleges a physical injury, the bill would require the court to consider the violation of the protective order or stay-away order and alleged injury when considering the seriousness of the offense charged and the protection of the public. By increasing the punishment for a crime, this bill would impose a state-mandated local program. Existing law generally authorizes a court to issue an order for the protection of certain persons, including, among others, the victims of domestic violence. Existing law prohibits the intentional and knowing violation of a protective order, as specified, and makes a violation of these provisions a misdemeanor. Existing law also makes a subsequent violation of these provisions after a conviction, as specified, punishable as either a misdemeanor or a felony. This bill would make an intentional and knowing violation of specified protective orders punishable as a felony if the person who is the subject of a protective order was arrested for, charged with, or convicted of a felony for the conduct upon which the protective order was based. The bill would make any subsequent conviction for a violation of a protective order punishable as a felony. By increasing the punishment for a crime, 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 no reimbursement is required by this act for a specified reason.