The bill amends current law regarding criminal background checks in the context of civil protection orders:
Submission of Background Check:
The restrained party (the individual subject to the protection order) is required to submit the results of a criminal background check when petitioning to modify or terminate a civil protection order.
Court's Role in Handling Background Checks:
The bill specifies that only the court may receive the criminal background check submitted by the restrained party.
The court is not required to release the background check to the protected party (the individual requesting the protection order) unless the restrained party gives consent.
This change ensures that the criminal background check remains confidential unless both parties agree to its disclosure, providing the restrained party with more control over the information being shared.
Summary
Current law requires the restrained party to submit the results of a
criminal background check with a petition to modify or terminate a civil protection order. The bill clarifies that only the court may receive the background check submitted by a restrained party and allows the court to release the documentation to the protected party only upon consent of the restrained party.
