Six “Special Cycle” proposals have been posted to the California Courts web site, at http://www.courts.ca.gov/policyadmin-invitationstocomment.htm

 

CIVIL AND SMALL CLAIMS AND PROTECTIVE ORDERS

SP22-09

Protective Orders: Civil Protective Order Forms Implementing Assembly Bill 1621

Summary: The Civil and Small Claims Advisory Committee is proposing revisions to 30 Judicial Council civil restraining orders forms. Many of the forms in this proposal were circulated for comment between April and May 2022 to update the information on the forms related to interpreters, disability and court accommodations, and the priority of enforcement among protective orders. After the comment period closed, the Legislature enacted Assembly Bill 1621 (Stats. 2022, ch. 76), which took effect immediately on June 30, 2022. The new legislation prohibits persons restrained under these restraining orders from possessing firearm parts (in addition to the already prohibited firearms). This proposal recommends additional revisions to 12 previously circulated forms and recommends revisions to 18 forms that were not previously circulated to reflect the new law.

Deadline: Comments must be submitted by Tuesday, October 11, 2022 at, 5:00 PM (Pacific Time)

 

SP22-10

Protective Orders: Elder Abuse Forms Implementing Assembly Bill 1621

Summary: The Civil and Small Claims Advisory Committee is proposing revisions to nine Judicial Council elder or dependent adult restraining orders forms. Most of the forms in this proposal were circulated for comment between April and May 2022 to implement the statutory changes in Assembly Bill 1243 (Stats. 2021, ch. 273) and to make other updates. After the comment period closed, the Legislature enacted Assembly Bill 1621 (Stats. 2022, ch. 76), which took effect immediately on June 30, 2022. The new legislation prohibits persons restrained under elder or dependent adult restraining orders from possessing firearm parts (in addition to the already prohibited firearms). This proposal recommends additional revisions to seven previously

circulated forms and recommends revisions to two forms that were not previously circulated to reflect the new law.

Deadline: Comments must be submitted by Tuesday, October 11, 2022 at, 5:00 PM (Pacific Time)

 

CRIMINAL AND PROTECTIVE ORDERS

 

SP22-11

Criminal Procedure: Criminal Protective Orders and Firearm Relinquishment Orders

Summary: The Criminal Law Advisory Committee recommends revisions to two mandatory Judicial Council criminal protective orders to (1) reflect statutory changes to the definition of firearm in Penal Code section 16520(b), with an impact on Penal Code section 136.2 and Code of Civil Procedure section 527.9; (2) reflect statutory changes adding “reproductive coercion” as an example of “coercive control” in Family Code section 6320; (3) be consistent with similar provisions in the civil protective orders; and (4) improve the forms’ useability and accuracy. The committee circulated proposed revisions to the two mandatory criminal protective orders from April to May 2022 and is now proposing further revisions to those forms in light of the recent statutory changes. The committee also recommends revisions to a mandatory Judicial Council order to surrender firearms in domestic violence criminal cases to reflect statutory changes to the definition of firearms as described above and to be consistent with previously circulated proposed revisions to the criminal protective orders.

Deadline: Comments must be submitted by Tuesday, October 11, 2022 at, 5:00 PM (Pacific Time)

 

CRIMINAL

 

SP22-12

Criminal Law: Definition of Firearm

Summary: The Criminal Law Advisory Committee recommends revisions to two optional Judicial Council plea forms and the optional Judicial Council firearm relinquishment findings form to reflect statutory changes to the definition of firearm in Penal Code section 16520(b). The committee also recommends additional revisions to one of the plea forms to reflect accurate mandatory minimum probation terms and make minor, nonsubstantive technical changes.

Deadline: Comments must be submitted by Tuesday, October 11, 2022 at, 5:00 PM (Pacific Time)

 

SP22-13

Criminal Procedure: Request for Dismissal of Conviction for Violation of Penal Code

Summary: The Criminal Law Advisory Committee recommends two optional forms relating to resentencing, dismissal, and sealing of Penal Code section 653.22 convictions. Senate Bill 357 (Weiner; Stats. 2022, ch. 86), effective January 1, 2023, repeals Penal Code section 653.22 (loitering with the intent to commit prostitution) and adds Penal Code section 653.29, which

outlines the process for resentencing, dismissal, and sealing of section 653.22 convictions. Penal Code section 653.29(f) specifically instructs the Judicial Council to “promulgate and make available all necessary forms to enable the filing of petitions and applications provided in this section.” The proposal includes a request for relief and a court order granting or denying relief.

Deadline: Comments must be submitted by Tuesday, October 11, 2022 at, 5:00 PM (Pacific Time)

FAMILY AND JUVENILE

 

SP22-14

Juvenile Law: Secure Youth Treatment Facility Offense-Based Classification Matrix

Summary: The Family and Juvenile Law Advisory Committee proposes that the Judicial Council adopt a rule of court to implement Welfare and Institutions Code section 875(h), which requires the council to develop and adopt a matrix of offense-based classifications to be used by all juvenile courts when setting baseline terms for youth whose disposition is a commitment to a Secure Youth Treatment Facility (SYTF). The statute calls for the matrix to assign a baseline term of years to each offense for which a youth can be committed to an SYTF. The offenses are to be grouped into offense categories that are linked to a standard baseline term of years for each offense category. The statute was recently amended to allow the standard term to be a range of years as designated by the council. The proposed matrix in the rule would include four total offense categories, and each category is assigned a range of years as the standard baseline term. To assist the court in determining a baseline term for each youth within the range, the rule sets forth criteria for the court to weigh in making its decision.

Deadline: Comments must be submitted by Friday, November 4, 2022 at, 5:00 PM (Pacific Time)

If you have any questions, please contact Benita Downs, at benita.downs@jud.ca.gov, or at 415-865-7957.