Bill to Allow Lifetime Restraining Orders Against Perpetrators Of Major Crimes Introduced In Assembly
‘Kayleigh’s Law’ was previously passed in Arizona in 2022
By Evan Symon, March 21, 2024 2:30 am
A bill to allow a lifetime restraining order against perpetrators of major crimes was introduced on Wednesday, with the legislation to be heard soon in the Assembly Public Safety Committee.
Assembly Bill 1931, authored by Assemblywoman Diane Dixon (R-Newport Beach), would specifically allow the court to issue a permanent protective order restraining a defendant from any contact with the victim if the defendant has been convicted of any serious or violent felony, as defined, or any felony requiring registration as a sex offender. AB 1931, also known as Kayleigh’s Law would also authorize the court to permanently extend certain previously issued orders under certain circumstances. Currently, restraining orders are maxed out at 10 years.
Assemblywoman Dixon wrote the bill because she wanted additional protections under the law. Specifically, she put AB 1931 into place because of Kayleigh Kozak, who successfully lobbied for a similar law in her home state of Arizona in 2021. She worked with Kristy von Waldburg, an Orange County native, to urge the bill’s passage into law in California. Kristy is also a childhood sexual abuse survivor who advocates for crime victims, and saw the current temporary, 10 year maximum restraining order as not enough. Dixon also noted that under the current system, victims must encounter their perpetrator in court each time they want an extension, bringing panic and anxiety to victims each time.
“After meeting with Kristy it became clear and compelling that we needed to provide a voice for survivors and further protections in the law,” said Assemblywoman Dixon on Wednesday. “Specifically, AB 1931 will allow a judge the discretion to issue a lifetime injunction against a defendant at the time of sentencing for a serious felony, a violent felony or a felony sex offense.”
“The fact that survivors have to face their abusers over and over again to get basic protections is unnecessary and recurring trauma. This bill will provide critical protections for survivors of childhood sexual abuse from their abusers. The change will be significant in the lives of California victims of sexual abuse and other serious and violent felonies.”
As of Wednesday, AB 1931 currently has no known opposition and is expected to pass this year.
“There might be an amendment to this bill altering some things,” Carolyn Ritter, a legal advocate for sexual abuse victims, told the Globe Wednesday. “Like specifying what crimes or how to go about this in general. This is lifetime no contact. Arizona has had it in the books since 2022. So, in California, you want to get this right. But, considering that Arizona passed it before and that the bill has language that few, if any, lawmakers would oppose, we’ll likely see this one pass both houses in California and then Governor Newsom signing it.”
“We’re seeing more and more tougher laws against abusers, and a lifetime restraining order is one of those things. For lawmakers, there’s no real reason to not vote for it. And any slight wrinkles can be worked out with amendments.”
AB 1931 is due to be heard in the Assembly Public Safety Committee soon.
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