SB 1938

Present law authorizes a victim , which includes an immediate family member of a minor victim or a homicide victim , of any of the following offenses to file a petition for a lifetime order of protection against the offender who was convicted of harassment; aggravated stalking or especially aggravated stalking; or a felony offense under any assaultive offense, criminal homicide, kidnapping and false imprisonment, or any sexual offense. For acts committed on or after July 1, 2026, this bill also authorizes a victim to file a petition for a lifetime order of protection against the offender who was convicted of a felony offense committed in another state that would constitute an offense listed above if committed in this state. If an offense in a nother jurisdiction is not identified as one of the offenses listed above, then the offense must be considered an offense listed above if the elements of the offense are the same as the elements of the comparable offense in this state. PENALTY Present law provides that it is an offense to knowingly violate a n order of protection issued pursuant to domestic abuse laws or a restraining order issued to a victim as defined in domestic abuse laws. Generally, such a violation is classified as a Class A misdemeanor , punishable by a fine of no less than $100 and no more than $2,500 . This bill raises the classification to a Class E felony if (i) t he offender knowingly violated a lifetime order of protection and (ii) t he conviction on which the lifetime order of protection is based was for an offense involving the use of force against a victim.