BILL NUMBER: AB 2051	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 19, 2006

INTRODUCED BY   Assembly Member Cohn

                        FEBRUARY 15, 2006

   An act to amend Sections 298 and 298.5 of the Family Code, to
amend Section 124250 of the Health and Safety Code, to amend Sections
13519, 13823.15, and 13823.16 of, and to add Section 13823.17 to,
the Penal Code, relating to domestic violence, and making an
appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2051, as amended, Cohn  Domestic violence.
   Existing law requires the Secretary of State to establish fees for
the costs of processing forms for registering domestic partnerships.

   This bill would establish a fee of $23 to be imposed upon persons
registering as domestic partners to develop and support a training
curriculum specific to lesbian, gay, bisexual, and transgender
domestic abuse, support service providers who serve that community in
regard to domestic violence, and to provide brochures specific to
lesbian, gay, bisexual, and transgender domestic abuse, as specified.
The bill would establish the Equality in Prevention and Services for
Domestic Abuse Fund, a continuously appropriated fund, for the
deposit and use of those fees.
   Existing law requires the Secretary of State to return a copy of
the certificate of registration to registered domestic partners.
   This bill would also require a brochure specific to lesbian, gay,
bisexual, and transgender domestic abuse accompany the copy of the
certificate  to certain domestic partner registrants, as
specified  .
   Existing law requires the State Department of Health Services to
administer a program of grants to support battered women's shelters.
Existing law also establishes a council to advise the department for
those purposes.
   This bill would revise the grant program to  address
battered victims, and would  include the lesbian, gay,
bisexual, and transgender community for certain purposes of the grant
program. The bill would also require membership on the council by
representatives of the lesbian, gay, bisexual and transgender
community.
   Existing law requires specified training for law enforcement
officers in regard to domestic violence.
   This bill would additionally require in that training program,
training in domestic violence regarding the lesbian, gay, bisexual
and transgender community.
   Existing law requires the Office of Emergency Services to conduct
statewide training workshops on domestic violence for local centers,
law enforcement, and other service providers designed to enhance
service programs. Existing law also requires that office to develop
and disseminate throughout the state information and materials
concerning domestic violence. Existing law also establishes a council
to advise the office for these purposes.
   This bill would require the training workshops to also include a
curriculum specific to lesbian, gay, bisexual, and transgender
domestic abuse. The bill would require the program address battered
persons. The bill would also require membership on the council by at
least one representative of the lesbian, gay, bisexual and
transgender community.
   Existing law establishes a grant program administered by the
Office of Emergency Services for specified service providers relative
to domestic violence.
   This bill would establish a similar grant program administered by
the State Department of Health Services, and funded by the Equality
in Domestic Abuse Prevention and Services Fund for grants to service
providers primarily serving the lesbian, gay, bisexual, and
transgender community relative to domestic abuse. The bill would
authorize the use by the State Department of Health Services of funds
from the Equality in Domestic Abuse Prevention and Services Fund to
distribute a brochure specific to lesbian, gay, bisexual, and
transgender domestic abuse.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known and may be cited as the
"Equality in Prevention and Services for Domestic Abuse Act."
  SEC. 2.  Section 298 of the Family Code is amended to read:
   298.  (a) The Secretary of State shall prepare forms entitled
"Declaration of Domestic Partnership" and "Notice of Termination of
Domestic Partnership" to meet the requirements of this division.
These forms shall require the signature and seal of an acknowledgment
by a notary public to be binding and valid.
   (b) (1) The Secretary of State shall distribute these forms to
each county clerk. These forms shall be available to the public at
the office of the Secretary of State and each county clerk.
   (2) The Secretary of State shall, by regulation, establish fees
for the actual costs of processing each of these forms, and the cost
for preparing and sending the mailings and notices required pursuant
to Section 299.3, and shall charge these fees to persons filing the
forms.
   (3) There is hereby established a fee of twenty-three dollars
($23)  to be charged only to domestic partners who qualify
pursuant to subparagraph (A) of paragraph (5) of subdivision (b) of
Section 297  for development and support of a lesbian, gay,
bisexual, and transgender curriculum for training workshops on
domestic violence, conducted pursuant to Section 13823.15 of the
Penal Code, and for the support of service providers who serve the
that community in connection with domestic violence, provided
however, that no more than 8 percent of the fee go to administrative
costs in connection with funding service providers. The Secretary of
State shall charge that fee to persons filing domestic partner
registrations. The fee shall also be used to fund printing and
distribution of a lesbian, gay, bisexual, and transgender specific
domestic abuse brochure pursuant to Section 298.5 of this code and
Section 13823.17 of the Penal Code.
   (4) The fee established by paragraph (3) shall be deposited in the
Equality in Prevention and Services for Domestic Abuse Fund, which
is hereby established. The fund shall be continuously appropriated,
and administered by the State Department of Health Services, and
expenditures from the fund shall be used to support the purposes of
paragraph (3).
   (c) The Declaration of Domestic Partnership shall require each
person who wants to become a domestic partner to (1) state that he or
she meets the requirements of Section 297 at the time the form is
signed, (2) provide a mailing address, (3) state that he or she
consents to the jurisdiction of the Superior Courts of California for
the purpose of a proceeding to obtain a judgment of dissolution or
nullity of the domestic partnership or for legal separation of
partners in the domestic partnership, or for any other proceeding
related to the partners' rights and obligations, even if one or both
partners ceases to be a resident of, or to maintain a domicile in,
this state, (4) sign the form with a declaration that representations
made therein are true, correct, and contain no material omissions of
fact to the best knowledge and belief of the applicant, and (5) have
a notary public acknowledge his or her signature. Both partners'
signatures shall be affixed to one Declaration of Domestic
Partnership form, which form shall then be transmitted to the
Secretary of State according to the instructions provided on the
form. Filing an intentionally and materially false Declaration of
Domestic Partnership shall be punishable as a misdemeanor.
  SEC. 3.  Section 298.5 of the Family Code is amended to read:
   298.5.  (a) Two persons desiring to become domestic partners may
complete and file a Declaration of Domestic Partnership with the
Secretary of State.
   (b) The Secretary of State shall register the Declaration of
Domestic Partnership in a registry for those partnerships, and shall
return a copy of the registered form and a Certificate of Registered
Domestic Partnership,  along with   and, for
those domestic partners who qualify pursuant to subparagraph (A) of
paragraph (5) of subdivision (b) of Section 297,  a lesbian,
gay, bisexual, and transgender specific domestic abuse brochure, to
the domestic partners at the mailing address provided by the domestic
partners.
   (c) No person who has filed a Declaration of Domestic Partnership
may file a new Declaration of Domestic Partnership or enter a civil
marriage with someone other than their registered domestic partner
unless the most recent domestic partnership has been terminated or a
final judgment of dissolution or nullity of the most recent domestic
partnership has been entered. This prohibition does not apply if the
previous domestic partnership ended because one of the partners died.

  SEC. 4.  Section 124250 of the Health and Safety Code is amended to
read:
   124250.  (a) The following definitions shall apply for purposes of
this section:
   (1) "Domestic violence" means the infliction or threat of physical
harm against past or present adult or adolescent  female 
intimate partners, and shall include physical, sexual, and
psychological abuse against the  victim and the victim's
children   woman  , and is a part of a pattern of
assaultive, coercive, and controlling behaviors directed at achieving
compliance from or control over, that  victim  
woman  .
   (2) "Shelter-based" means an established system of services where
battered  victims   women  and their
children may be provided safe or confidential emergency housing on a
24-hour basis, including, but not limited to, hotel or motel
arrangements, haven, and safe houses.
   (3) "Emergency shelter" means a confidential or safe location that
provides emergency housing on a 24-hour basis for battered 
victims   women  and their children.
   (b) The Maternal and Child Health Branch of the State Department
of Health Services shall administer a comprehensive shelter-based
services grant program to battered  victims'  
women's  shelters pursuant to this section.
   (c) The Maternal and Child Health Branch shall administer grants,
awarded as the result of a request for application process, to
battered  victims'  women's  shelters that
propose to maintain shelters or services previously granted funding
pursuant to this section, to expand existing services or create new
services, and to establish new battered  victims' 
 women's  shelters to provide services, in any of the
following four areas:
   (1)  Emergency shelter to  victims   women
 and their children escaping violent family situations.
   (2)  Transitional housing programs to help  victims
  women  and their children find housing and jobs
so that they are not forced to choose between returning to a violent
relationship or becoming homeless. The programs may offer up to 18
months of housing, case management, job training and placement,
counseling, support groups, and classes in parenting and family
budgeting.
   (3) Legal and other types of advocacy and representation to help
 victims   women  and their children pursue
the appropriate legal options.
   (4) Other support services for battered  victims 
 women  and their children.
   (d) (1) The Maternal and Child Health Branch of the State
Department of Health Services shall conduct a minimum of one site
visit per grant term to each agency funded to provide shelter-based
services to battered  victims   women  and
their children. The purpose of the site visit shall be a performance
assessment of, and technical assistance for, each agency visited. The
performance assessment shall include, but need not be limited to, a
review of all of the following:
   (A) Progress in meeting program goals and objectives.
   (B) Agency organization and facilities.
   (C) Personnel policies, files, and training.
   (D)  Recordkeeping, budgeting, and expenditures.
   (E)  Documentation, data collection, and client confidentiality.
   (2) Subsequent to each site visit conducted under paragraph (1),
the Maternal and Child Health Branch shall provide a written report
to the agency summarizing the agency's performance, any deficiencies
noted, and any corrective action needed.
   (3) Where an agency receives funding from both the Maternal and
Child Health Branch of the State Department of Health Services and
the Domestic Violence Branch of the Office of Criminal Justice
Planning during any grant cycle, the Maternal and Child Health Branch
and the Domestic Violence Branch shall, to the extent feasible,
coordinate agency site visits and share performance assessment data
with the goal of improving efficiency, eliminating duplication, and
reducing administrative costs.
   (e) In implementing the grant program pursuant to this section,
the State Department of Health Services shall consult with an
advisory council that shall remain in existence until January 1,
2010. The council shall be composed of not to exceed 13 voting
members and two nonvoting members appointed as follows:
   (1) Seven members appointed by the Governor.
   (2) Three members appointed by the Speaker of the Assembly.
   (3) Three members appointed by the Senate Committee on Rules.
   (4) Two nonvoting ex officio members who shall be Members of the
Legislature, one appointed by the Speaker of the Assembly and one
appointed by the Senate Committee on Rules. Any Member of the
Legislature appointed to the council shall meet with, and participate
in the activities of, the council to the extent that participation
is not incompatible with his or her position as a Member of the
Legislature.
   The membership of the council shall consist of domestic violence
advocates, battered women service providers, and representatives of
women's organizations, law enforcement, and other groups involved
with domestic violence, and at least one representative of service
providers serving the lesbian, gay, bisexual, and transgender
community for purposes of domestic violence. At least one-half of the
council membership shall consist of domestic violence advocates or
battered women service providers from organizations such as the
California Alliance Against Domestic Violence.
   It is the intent of the Legislature that the council membership
reflect the ethnic, racial, cultural, and geographic diversity of the
state.
   (f) The department shall collaborate closely with the council in
the development of funding priorities, the framing of the Request for
Proposals, and the solicitation of proposals.
   (g) (1) The Maternal and Child Health Branch of the State
Department of Health Services shall administer grants, awarded as the
result of a request for application process, to agencies to conduct
demonstration projects to serve battered  victims 
 women  and their children, including, but not limited to,
creative and innovative service approaches, such as community
response teams and pilot projects to develop new interventions
emphasizing prevention and education, and other support projects
identified by the advisory council.
   (2) For purposes of this subdivision, "agency" means a state
agency, a local government, a community-based organization, or a
nonprofit organization.
   (h) It is the intent of the Legislature that services funded by
this program include services in underserved communities, including
the lesbian, gay, bisexual, and transgender community, and ethnic and
racial communities.  Therefore, the Maternal and Child Health Branch
of the State Department of Health Services shall do all of the
following:
   (1)  Fund shelters pursuant to this section that reflect the
ethnic, racial, economic, cultural, and geographic diversity of the
state.
   (2) Target geographic areas and ethnic and racial communities of
the state whereby, based on a needs assessment, it is determined that
no shelter-based services exist or that additional resources are
necessary.
   (i) The director may award additional grants to shelter-based
agencies when it is determined that there exists a critical need for
shelter or shelter-based services.
   (j) As a condition of receiving funding pursuant to this section,
battered  victims'   women's  shelters
shall do all of the following:
   (1) Provide matching funds or in-kind contributions equivalent to
not less than 20 percent of the grant they would receive. The
matching funds or in-kind contributions may come from other
governmental or private sources.
   (2) Ensure that appropriate staff and volunteers having client
contact meet the definition of "domestic violence counselor" as
specified in subdivision (a) of Section 1037.1 of the Evidence Code.
The minimum training specified in paragraph (2) of subdivision (a) of
Section 1037.1 of the Evidence Code shall be provided to those staff
and volunteers who do not meet the requirements of paragraph (1) of
subdivision (a) of Section 1037.1 of the Evidence Code.
  SEC. 5.  Section 13519 of the Penal Code is amended to read:
   13519.  (a) The commission shall implement by January 1, 1986, a
course or courses of instruction for the training of law enforcement
officers in California in the handling of domestic violence
complaints and also shall develop guidelines for law enforcement
response to domestic violence. The course or courses of instruction
and the guidelines shall stress enforcement of criminal laws in
domestic violence situations, availability of civil remedies and
community resources, and protection of the victim. Where appropriate,
the training presenters shall include domestic violence experts with
expertise in the delivery of direct services to victims of domestic
violence, including utilizing the staff of shelters for battered
 victims   women  in the presentation of
training.
   (b) As used in this section, "law enforcement officer" means any
officer or employee of a local police department or sheriff's office,
any peace officer of the Department of Parks and Recreation, as
defined in subdivision (f) of Section 830.2, any peace officer of the
University of California Police Department, as defined in
subdivision (b) of Section 830.2, any peace officer of the California
State University Police Departments, as defined in subdivision (c)
of Section 830.2, a peace officer, as defined in subdivision (d) of
Section 830.31, or a peace officer as defined in subdivisions (a) and
(b) of Section 830.32.
   (c) The course of basic training for law enforcement officers
shall, no later than January 1, 1986, include adequate instruction in
the procedures and techniques described below:
   (1) The provisions set forth in Title 5 (commencing with Section
13700) relating to response, enforcement of court orders, and data
collection.
   (2) The legal duties imposed on police officers to make arrests
and offer protection and assistance including guidelines for making
felony and misdemeanor arrests.
   (3) Techniques for handling incidents of domestic violence that
minimize the likelihood of injury to the officer and that promote the
safety of the victim.
   (4) The nature and extent of domestic violence, including domestic
violence in the lesbian, gay, bisexual, and transgender community.
   (5) The signs of domestic violence.
   (6) The legal rights of, and remedies available to, victims of
domestic violence.
   (7) The use of an arrest by a private person in a domestic
violence situation.
   (8) Documentation, report writing, and evidence collection.
   (9) Domestic violence diversion as provided in Chapter 2.6
(commencing with Section 1000.6) of Title 6 of Part 2.
   (10) Tenancy issues and domestic violence.
   (11) The impact on children of law enforcement intervention in
domestic violence.
   (12) The services and facilities available to victims and
batterers.
   (13) The use and applications of this code in domestic violence
situations.
   (14) Verification and enforcement of temporary restraining orders
when (A) the suspect is present and (B) the suspect has fled.
   (15) Verification and enforcement of stay-away orders.
   (16) Cite and release policies.
   (17) Emergency assistance to victims and how to assist victims in
pursuing criminal justice options.
   (d) The guidelines developed by the commission shall also
incorporate the foregoing factors.
   (e) (1) All law enforcement officers who have received their basic
training before January 1, 1986, shall participate in supplementary
training on domestic violence subjects, as prescribed and certified
by the commission.
   (2) Except as provided in paragraph (3), the training specified in
paragraph (1) shall be completed no later than January 1, 1989.
   (3) (A) The training for peace officers of the Department of Parks
and Recreation, as defined in subdivision (g) of Section 830.2,
shall be completed no later than January 1, 1992.
   (B) The training for peace officers of the University of
California Police Department and the California State University
Police Departments, as defined in Section 830.2, shall be completed
no later than January 1, 1993.
   (C) The training for peace officers employed by a housing
authority, as defined in subdivision (d) of Section 830.31, shall be
completed no later than January 1, 1995.
   (4) Local law enforcement agencies are encouraged to include, as a
part of their advanced officer training program, periodic updates
and training on domestic violence. The commission shall assist where
possible.
   (f) (1) The course of instruction, the learning and performance
objectives, the standards for the training, and the guidelines shall
be developed by the commission in consultation with appropriate
groups and individuals having an interest and expertise in the field
of domestic violence, including lesbian, gay, bisexual, and
transgender domestic violence. The groups and individuals shall
include, but shall not be limited to, the following: one
representative each from the California Peace Officers' Association,
the Peace Officers' Research Association of California, the State Bar
of California, the California Women Lawyers' Association, and the
State Commission on the Status of Women; two representatives from the
commission; two representatives from the California Alliance Against
Domestic Violence; two peace officers, recommended by the
commission, who are experienced in the provision of domestic violence
training; and two domestic violence experts, recommended by the
California Alliance Against Domestic Violence, who are experienced in
the provision of direct services to victims of domestic violence. At
least one of the persons selected shall be a former victim of
domestic violence.
   (2) The commission, in consultation with these groups and
individuals, shall review existing training programs to determine in
what ways domestic violence training might be included as a part of
ongoing programs.
   (g) Each law enforcement officer below the rank of supervisor who
is assigned to patrol duties and would normally respond to domestic
violence calls or incidents of domestic violence shall complete,
every two years, an updated course of instruction on domestic
violence that is developed according to the standards and guidelines
developed pursuant to subdivision (d). The instruction required
pursuant to this subdivision shall be funded from existing resources
available for the training required pursuant to this section. It is
the intent of the Legislature not to increase the annual training
costs of local government entities.
  SEC. 6.  Section 13823.15 of the Penal Code is amended to read:
   13823.15.  (a) The Legislature finds the problem of domestic
violence to be of serious and increasing magnitude. The Legislature
also finds that existing domestic violence services are underfunded
and that some areas of the state are unserved or underserved.
Therefore, it is the intent of the Legislature that a goal or purpose
of the Office of Emergency Services (OES) shall be to ensure that
all victims of domestic violence served by the OES Comprehensive
Statewide Domestic Violence Program receive comprehensive, quality
services.
   (b) There is in the OES a Comprehensive Statewide Domestic
Violence Program. The goals of the program shall be to provide local
assistance to existing service providers, to maintain and expand
services based on a demonstrated need, and to establish a targeted or
directed program for the development and establishment of domestic
violence services in currently unserved and underserved areas. The
OES shall provide financial and technical assistance to local
domestic violence centers in implementing all of the following
services:
   (1) Twenty-four-hour crisis hotlines.
   (2) Counseling.
   (3) Business centers.
   (4) Emergency "safe" homes or shelters for victims and families.
   (5) Emergency food and clothing.
   (6) Emergency response to calls from law enforcement.
   (7) Hospital emergency room protocol and assistance.
   (8) Emergency transportation.
   (9) Supportive peer counseling.
   (10) Counseling for children.
   (11) Court and social service advocacy.
   (12) Legal assistance with temporary restraining orders, devices,
and custody disputes.
   (13) Community resource and referral.
   (14) Household establishment assistance.
   Priority for financial and technical assistance shall be given to
emergency shelter programs and "safe" homes for victims of domestic
violence and their children.
   (c) Except as provided in subdivision (f), the OES and the
advisory committee established pursuant to Section 13823.16 shall
collaboratively administer the Comprehensive Statewide Domestic
Violence Program, and shall allocate funds to local centers meeting
the criteria for funding. All organizations funded pursuant to this
section shall utilize volunteers to the greatest extent possible.
   The centers may seek, receive, and make use of any funds which may
be available from all public and private sources to augment any
state funds received pursuant to this section.
   Centers receiving funding shall provide cash or an in-kind match
of at least 10 percent of the funds received pursuant to this
section.
   (d) The OES shall conduct statewide training workshops on domestic
violence for local centers, law enforcement, and other service
providers designed to enhance service programs. The workshops shall
be planned in conjunction with practitioners and experts in the field
of domestic violence prevention. The workshops shall include a
curriculum  component  on lesbian, gay, bisexual, and
transgender specific domestic abuse.
   (e) The OES shall develop and disseminate throughout the state
information and materials concerning domestic violence. The OES shall
also establish a resource center for the collection, retention, and
distribution of educational materials related to domestic violence.
The OES may utilize and contract with existing domestic violence
technical assistance centers in this state in complying with the
requirements of this subdivision.
   (f) The funding process for distributing grant awards to domestic
violence shelter service providers (DVSSPs) shall be administered by
the OES as follows:
   (1) The OES shall establish each of the following:
   (A) The process and standards for determining whether to grant,
renew, or deny funding to any DVSSP applying or reapplying for
funding under the terms of the program.
   (B) For DVSSPs applying for grants under the RFP process described
in paragraph (2), a system for grading grant applications in
relation to the standards established pursuant to subparagraph (A),
and an appeal process for applications that are denied. A description
of this grading system and appeal process shall be provided to all
DVSSPs as part of the application required under the RFP process.
   (C) For DVSSPs reapplying for funding under the RFA process
described in paragraph (4), a system for grading the performance of
DVSSPs in relation to the standards established pursuant to
subparagraph (A), and an appeal process for decisions to deny or
reduce funding. A description of this grading system and appeal
process shall be provided to all DVSSPs receiving grants under this
program.
   (2) Grants for shelters that were not funded in the previous cycle
shall be awarded as a result of a competitive request for proposal
(RFP) process. The RFP process shall comply with all applicable state
and federal statutes for domestic violence shelter funding, and to
the extent possible, the response to the RFP shall not exceed 25
narrative pages, excluding attachments.
   (3) Grants shall be awarded to DVSSPs that propose to maintain
shelters or services previously granted funding pursuant to this
section, to expand existing services or create new services, or to
establish new domestic violence shelters in underserved or unserved
areas. Each grant shall be awarded for a three-year term.
   (4) DVSSPs reapplying for grants shall not be subject to a
competitive grant process, but shall be subject to a request for
application (RFA) process. The RFA process shall consist in part of
an assessment of the past performance history of the DVSSP in
relation to the standards established pursuant to paragraph (1). The
RFA process shall comply with all applicable state and federal
statutes for domestic violence center funding, and to the extent
possible, the response to the RFA shall not exceed 10 narrative
pages, excluding attachments.
   (5) Any DVSSP funded through this program in the previous grant
cycle, including any DVSSP funded by Chapter 707 of the Statutes of
2001, shall be funded upon reapplication, unless, pursuant to the
assessment required under the RFA process, its past performance
history fails to meet the standards established by the OES pursuant
to paragraph (1).
   (6) The OES shall conduct a minimum of one site visit every three
years for each DVSSP funded pursuant to this subdivision. The purpose
of the site visit shall be to conduct a performance assessment of,
and provide subsequent technical assistance for, each shelter
visited. The performance assessment shall include, but need not be
limited to, a review of all of the following:
   (A) Progress in meeting program goals and objectives.
   (B) Agency organization and facilities.
   (C) Personnel policies, files, and training.
   (D) Recordkeeping, budgeting, and expenditures.
   (E) Documentation, data collection, and client confidentiality.
   (7) After each site visit conducted pursuant to paragraph (6), the
OES shall provide a written report to the DVSSP summarizing the
performance of the DVSSP, any deficiencies noted, any corrective
action needed, and a deadline for corrective action to be completed.
The OES shall also develop a corrective action plan for verifying the
completion of                                                   any
corrective action required. The OES shall submit its written report
to the DVSSP no more than 60 days after the site visit. No grant
under the RFA process shall be denied if the DVSSP has not received a
site visit during the previous three years, unless the OES is aware
of criminal violations relative to the administration of grant
funding.
   (8) DVSSPs receiving written reports of deficiencies or orders for
corrective action after a site visit shall be given no less than six
months' time to take corrective action before the deficiencies or
failure to correct may be considered in the next RFA process.
However, the OES shall have the discretion to reduce the time to take
corrective action in cases where the deficiencies present a
significant health or safety risk or when other severe circumstances
are found to exist. If corrective action is deemed necessary, and a
DVSSP fails to comply, or if other deficiencies exist that, in the
judgment of the OES, cannot be corrected, the OES shall determine,
using its grading system, whether continued funding for the DVSSP
should be reduced or denied altogether. If a DVSSP has been
determined to be deficient, the OES may, at any point during the
DVSSP's funding cycle following the expiration of the period for
corrective action, deny or reduce any further funding.
   (9) If a DVSSP applies or reapplies for funding pursuant to this
section and that funding is denied or reduced, the decision to deny
or reduce funding shall be provided in writing to the DVSSP, along
with a written explanation of the reasons for the reduction or denial
made in accordance with the grading system for the RFP or RFA
process. Except as otherwise provided, any appeal of the decision to
deny or reduce funding shall be made in accordance with the appeal
process established by the OES. The appeal process shall allow a
DVSSP a minimum of 30 days to appeal after a decision to deny or
reduce funding. All pending appeals shall be resolved before final
funding decisions are reached.
   (10) It is the intent of the Legislature that priority for
additional funds that become available shall be given to currently
funded, new, or previously unfunded DVSSPs for expansion of services.
However, the OES may determine when expansion is needed to
accommodate underserved or unserved areas. If supplemental funding is
unavailable, the OES shall have the authority to lower the base
level of grants to all currently funded DVSSPs in order to provide
funding for currently funded, new, or previously unfunded DVSSPs that
will provide services in underserved or unserved areas.  However, to
the extent reasonable, funding reductions shall be reduced
proportionately among all currently funded DVSSPs. After the amount
of funding reductions has been determined, DVSSPs that are currently
funded and those applying for funding shall be notified of changes in
the available level of funding prior to the next application
process.  Funding reductions made under this paragraph shall not be
subject to appeal.
   (11) Notwithstanding any other provision of this section, OES may
reduce funding to a DVSSP funded pursuant to this section if federal
funding support is reduced. Funding reductions as a result of a
reduction in federal funding shall not be subject to appeal.
   (12) Nothing in this section shall be construed to supersede any
function or duty required by federal acts, rules, regulations, or
guidelines for the distribution of federal grants.
   (13) As a condition of receiving funding pursuant to this section,
DVSSPs shall do all of the following:
   (A) Provide matching funds or in-kind contributions equivalent to
not less than 10 percent of the grant they would receive. The
matching funds or in-kind contributions may come from other
governmental or private sources.
   (B) Ensure that appropriate staff and volunteers having client
contact meet the definition of "domestic violence counselor" as
specified in subdivision (a) of Section 1037.1 of the Evidence Code.
The minimum training specified in paragraph (2) of subdivision (a) of
Section 1037.1 of the Evidence Code shall be provided to those staff
and volunteers who do not meet the requirements of paragraph (1) of
subdivision (a) of Section 1037.1 of the Evidence Code.
   (14) The following definitions shall apply for purposes of this
subdivision:
   (A) "Domestic violence" means the infliction or threat of physical
harm against past or present adult or adolescent  female 
intimate partners, including physical, sexual, and psychological
abuse against the  victim and the victim's children 
 woman , and is a part of a pattern of assaultive,
coercive, and controlling behaviors directed at achieving compliance
from or control over that  victim   woman 
.
   (B) "Domestic violence shelter service provider" or "DVSSP" means
a victim services provider that operates an established system of
services providing safe and confidential emergency housing on a
24-hour basis for victims of domestic violence and their children,
including, but not limited to, hotel or motel arrangements, haven,
and safe houses.
   (C) "Emergency shelter" means a confidential or safe location that
provides emergency housing on a 24-hour basis for victims of
domestic violence and their children.
   (g) The OES may hire the support staff and utilize all resources
necessary to carry out the purposes of this section. The OES shall
not utilize more than 10 percent of any funds appropriated for the
purpose of the program established by this section for the
administration of that program.
  SEC. 7.  Section 13823.16 of the Penal Code is amended to read:
   13823.16.  (a) The Comprehensive Statewide Domestic Violence
Program established pursuant to Section 13823.15 shall be
collaboratively administered by the Office of Emergency Services
(OES) and an advisory council. The membership of the OES Domestic
Violence Advisory Council shall consist of experts in the provision
of either direct or intervention services to battered 
victims   women  and their children, within the
scope and intention of the OES Domestic Violence Assistance Program.

   (b) The membership of the council shall consist of domestic
violence victims' advocates, battered women service providers, at
least one representative of service providers serving the lesbian,
gay, bisexual, and transgender community in connection with domestic
violence, and representatives of women's organizations, law
enforcement, and other groups involved with domestic violence. At
least one-half of the council membership shall consist of domestic
violence victims' advocates or battered women service providers from
organizations such as the California Alliance Against Domestic
Violence. It is the intent of the Legislature that the council
membership reflect the ethnic, racial, cultural, and geographic
diversity of the state. The council shall be composed of no more than
13 voting members and two nonvoting members who shall be appointed,
as follows:
   (1) Seven voting members shall be appointed by the Governor.
   (2) Three voting members shall be appointed by the Speaker of the
Assembly.
   (3) Three voting members shall be appointed by the Senate
Committee on Rules.
   (4) Two nonvoting members shall be Members of the Legislature, one
appointed by the Speaker of the Assembly and one appointed by the
Senate Committee on Rules. Any Member of the Legislature appointed to
the council shall meet with the council and participate in its
activities to the extent that participation is not incompatible with
his or her position as a Member of the Legislature.
   (c) The OES shall collaborate closely with the council in
developing funding priorities, framing the request for proposals, and
soliciting proposals.
   (d) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
  SEC. 8.  Section 13823.17 is added to the Penal Code, to read:
   13823.17.  (a) The Legislature finds the problem of domestic
violence in the gay, lesbian, bisexual, and transgender community to
be of serious and increasing magnitude. The Legislature also finds
that existing domestic violence services  for this population
 are underfunded and that  some areas of the state
  members of this population  are unserved or
underserved  in the state  . Therefore, it is the intent of
the Legislature that a goal or purpose of the State Department of
Health Services (DHS) shall be to ensure that all victims of domestic
violence in the gay, lesbian, bisexual, and transgender  (LGBT)
 community are served for  the  purpose of domestic
violence and receive comprehensive, quality services.
   (b)  The goal of this section is to provide local assistance to
existing and new service providers, to maintain and expand services
based on a demonstrated need, and to establish a targeted or directed
program for the development and establishment of domestic violence
services in currently unserved and underserved areas  for
  of  the gay, lesbian, bisexual, and transgender
community. The DHS shall provide financial and technical assistance
to local  domestic violence centers   LGBT
organizations  in implementing  all of the following
services   domestic violence services such as  :
   (1) Twenty-four-hour crisis hotlines.
   (2) Counseling.
   (3) Court and social service advocacy.
   (4) Legal assistance with temporary restraining orders, devices,
and custody disputes.
   (5) Community resource and referral.
   (6) Household establishment assistance.  
   (7) Emergency housing. 
   (c) Except as provided in subdivision (f), the DHS shall allocate
funds to local  centers   LGTB organizations
 meeting the criteria for funding. All organizations funded
pursuant to this section shall utilize volunteers to the greatest
extent possible.
   The  centers   LGTB organizations  may
seek, receive, and make use of any funds which may be available from
all public and private sources to augment any state funds received
pursuant to this section.
    Centers   LGTB organizations  receiving
funding shall provide cash or an in-kind match of at least 10
percent of the funds received pursuant to this section.
   (d) The Office of Emergency Services (OES) shall conduct statewide
training workshops on domestic violence for local  centers
  LGTB organizations  , law enforcement, and other
service providers designed to enhance service programs. The workshops
shall be planned in conjunction with practitioners and experts in
the field of domestic violence prevention.
   (e) The DHS shall, using funds from the Equality in Domestic Abuse
Prevention and Services Fund, established pursuant to Section 298 of
the Family Code, develop and disseminate throughout the state a
lesbian, gay, bisexual, and transgender specific domestic abuse
brochure  and administer a program of grants that support LGBT
victims of domestic violence  .
   (f) The funding process for distributing grant awards to 
domestic violence shelter service providers (DVSSPs) primarily
serving the gay, lesbian, bisexual, and transgender community
  the LGBT organizations  shall be administered by
the DHS as follows:
   (1) The DHS shall establish each of the following:
   (A) The process and standards for determining whether to grant,
renew, or deny funding to any  DVSSP   LGBT
organization  applying or reapplying for funding under the terms
of the program.
   (B) For  DVSSPs   LGBT organizations 
applying for grants under the RFP process described in paragraph (2),
a system for grading grant applications in relation to the standards
established pursuant to subparagraph (A), and an appeal process for
applications that are denied. A description of this grading system
and appeal process shall be provided to all  DVSSPs 
 LGBT organizations as part of the application required
under the RFP process.
   (C) For  DVSSPs   LGBT organizations 
reapplying for funding under the RFA process described in paragraph
(4), a system for grading the performance of  DVSSPs
  LGBT organizations  in relation to the standards
established pursuant to subparagraph (A), and an appeal process for
decisions to deny or reduce funding. A description of this grading
system and appeal process shall be provided to all  DVSSPs
  LGBT organizations  receiving grants under this
program.
   (2) Grants for shelters that were not funded in the previous cycle
shall be awarded as a result of a competitive request for proposal
(RFP) process. The RFP process shall comply with all applicable state
and federal statutes  for domestic violence shelter funding,
 and to the extent possible, the response to the RFP shall
not exceed 25 narrative pages, excluding attachments.
   (3) Grants shall be awarded to  DVSSPs   LGBT
organizations  that propose to maintain shelters or services
 previously granted funding pursuant to this section,
 to expand existing services or create new services, or to
establish new domestic violence  shelters  
services  in underserved or unserved areas. Each grant shall be
awarded for a three-year term.
   (4)  DVSSPs   LGBT   organizations
 reapplying for grants shall not be subject to a competitive
grant process, but shall be subject to a request for application
(RFA) process. The RFA process shall consist in part of an assessment
of the past performance history of the  DVSSP  
LGBT organization  in relation to the standards established
pursuant to paragraph (1). The RFA process shall comply with
all applicable state and federal statutes for domestic violence
center funding, and to the extent possible, the  response to
the RFA shall not exceed 10 narrative pages, excluding attachments.

   (5) Any  DVSSP   LGBT organization 
funded through this program in the previous grant cycle  ,
including any DVSSP funded by Chapter 707 of the Statutes of 2001,
 shall be funded upon reapplication, unless, pursuant to the
assessment required under the RFA process, its past performance
history fails to meet the standards established by the DHS pursuant
to paragraph (1).
   (6) The DHS shall conduct a minimum of one site visit every three
years for each  DVSSP   LGBT organization 
funded pursuant to this subdivision. The purpose of the site visit
shall be to conduct a performance assessment of, and provide
subsequent technical assistance for, each  shelter 
 LGBT organization  visited. The performance assessment
shall include, but need not be limited to, a review of all of the
following:
   (A) Progress in meeting program goals and objectives.
   (B) Agency organization and facilities.
   (C) Personnel policies, files, and training.
   (D) Recordkeeping, budgeting, and expenditures.
   (E) Documentation, data collection, and client confidentiality.
   (7) After each site visit conducted pursuant to paragraph (6), the
DHS shall provide a written report to the  DVSSP 
 LGBT organization  summarizing the performance of the
 DVSSP   LGBT organization  , any
deficiencies noted, any corrective action needed, and a deadline for
corrective action to be completed. The DHS shall also develop a
corrective action plan for verifying the completion of any corrective
action required. The DHS shall submit its written report to the
 DVSSP  LGBT organization  no more than 60
days after the site visit. No grant under the RFA process shall be
denied if the  DVSSP   LGBT organization 
has not received a site visit during the previous three years, unless
the DHS is aware of criminal violations relative to the
administration of grant funding.
   (8) DVSSPs   LGBT organizations 
receiving written reports of deficiencies or orders for corrective
action after a site visit shall be given no less than six months'
time to take corrective action before the deficiencies or failure to
correct may be considered in the next RFA process. However, the DHS
shall have the discretion to reduce the time to take corrective
action in cases where the deficiencies present a significant health
or safety risk or when other severe circumstances are found to exist.
If corrective action is deemed necessary, and  a DVSSP
  an LGBT organization  fails to comply, or if
other deficiencies exist that, in the judgment of the DHS, cannot be
corrected, the DHS shall determine, using its grading system, whether
continued funding for the  DVSSP   LGBT
organization  should be reduced or denied altogether. If
 a DVSSP   an LGBT organization  has been
determined to be deficient, the DHS may, at any point during the
 DVSSP's  funding cycle following the expiration of
the period for corrective action, deny or reduce any further funding.

   (9) If  a DVSSP   an LGBT organization 
applies or reapplies for funding pursuant to this section and that
funding is denied or reduced, the decision to deny or reduce funding
shall be provided in writing  to the DVSSP,  along
with a written explanation of the reasons for the reduction or denial
made in accordance with the grading system for the RFP or RFA
process. Except as otherwise provided, any appeal of the decision to
deny or reduce funding shall be made in accordance with the appeal
process established by the DHS. The appeal process shall allow
 a DVSSP   an LGBT organization  a minimum
of 30 days to appeal after a decision to deny or reduce funding. All
pending appeals shall be resolved before final funding decisions are
reached.
   (10) It is the intent of the Legislature that priority for
additional funds that become available shall be given to currently
funded, new, or previously unfunded  DVSSPs  
LGBT organizations  for expansion of services.  However, the DHS
may determine when expansion is needed to accommodate underserved or
unserved areas. If supplemental funding is unavailable, the DHS
shall have the authority to lower the base level of grants to all
currently funded  DVSSPs   LGBT organizations
 in order to provide funding for currently funded, new, or
previously unfunded  DVSSPs   LGBT organizations
 that will provide services in underserved or unserved areas.
However, to the extent reasonable, funding reductions shall be
reduced proportionately among all currently funded  DVSSPs
  LGBT organizations  . After the amount of funding
reductions has been determined,  DVSSPs   LGBT
organizations  that are currently funded and those applying for
funding shall be notified of changes in the available level of
funding prior to the next application process. Funding reductions
made under this paragraph shall not be subject to appeal.  
   (11) Notwithstanding any other provision of this section, DHS may
reduce funding to a DVSSP funded pursuant to this section if federal
funding support is reduced. Funding reductions as a result of a
reduction in federal funding shall not be subject to appeal.
 
   (12) Nothing in this section shall be construed to supersede any
function or duty required by federal acts, rules, regulations, or
guidelines for the distribution of federal grants.  

   (13) 
    (11)  As a condition of receiving funding pursuant to
this section,  DVSSPs   LGBT organizations 
shall do all of the following:
   (A) Provide matching funds or in-kind contributions equivalent to
not less than 10 percent of the grant they would receive. The
matching funds or in-kind contributions may come from other
governmental or private sources.
   (B) Ensure that appropriate staff and volunteers having client
contact meet the definition of "domestic violence counselor" as
specified in subdivision (a) of Section 1037.1 of the Evidence Code.
The minimum training specified in paragraph (2) of subdivision (a) of
Section 1037.1 of the Evidence Code shall be provided to those staff
and volunteers who do not meet the requirements of paragraph (1) of
subdivision (a) of Section 1037.1 of the Evidence Code.  
   (14) 
    (12)  The following definitions shall apply for purposes
of this subdivision:
   (A) "Domestic violence" means the infliction or threat of physical
harm against past or present adult or adolescent intimate partners,
including physical, sexual, and psychological abuse against the
person, and is a part of a pattern of assaultive, coercive, and
controlling behaviors directed at achieving compliance from or
control over that person.  
   (B) "Domestic violence shelter service provider" or "DVSSP" means
a victim services provider that operates an established system of
services providing safe and confidential emergency housing on a
24-hour basis for victims of domestic violence who are members of the
gay, lesbian, bisexual, and transgender community and their
children, including, but not limited to, hotel or motel arrangements,
haven, and safe houses.  
   (C) "Emergency shelter" means a confidential or safe location that
provides emergency housing on a 24-hour basis for victims of
domestic violence and their children.  
   (B) "LGBT organization" means any provider that specializes in
working with lesbian, gay, bisexual, and transgender individuals and
families or that has comprehensive training and experience working
with lesbian, gay, bisexual, and transgender victims of domestic
violence. 
   (g) The DHS may hire the support staff and utilize all resources
necessary to carry out the purposes of this section. The DHS shall
not utilize more than 10 percent of any funds appropriated for the
purpose of the program established by this section for the
administration of that program.