BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2051
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          Date of Hearing:   April 18, 2006

                           ASSEMBLY COMMITTEE ON JUDICIARY
                                  Dave Jones, Chair
                  AB 2051 (Cohn) - As Introduced:  February 15, 2006

                              As Proposed To Be Amended

           SUBJECT  :  DOMESTIC VIOLENCE:  LESBIAN, GAY, BISEXUAL AND  
          TRANSGENDER ABUSE

           KEY ISSUE :  SHOULD THE FEE FOR REGISTERING AS DOMESTIC PARTNERS  
          BE INCREASED TO FUND TRAINING AND GRANTS TO SUPPORT BATTERED  
          VICTIMS IN THE LESBIAN, GAY, BISEXUAL AND TRANSGENDER COMMUNITY?

                                      SYNOPSIS
                                          
          This bill, known as the Equality in Prevention and Services for  
          Domestic Abuse Act and sponsored by Equality California, seeks  
          to provide culturally appropriate education and services for  
          lesbian, gay, bisexual and transgender (LGBT) victims of  
          domestic violence.  The bill establishes a $23 fee for those  
          registering as domestic partners, which will support the  
          following initiatives to combat domestic violence in the LGBT  
          community:  (1) an educational brochure specific to LGBT abuse;  
          (2) LGBT-specific domestic violence training for law enforcement  
          officers and domestic violence service providers; and (3) grants  
          administered by DHS to support organizations that serve the LGBT  
          community.

          The author believes that this bill will ensure that LGBT victims  
          of intimate partner abuse have access to culturally appropriate  
          education and services that encourage them to break the cycle of  
          violence.  The bill is supported by various groups serving the  
          LGBT community, who note that while there are various grant  
          programs that serve battered women and their children, there is  
          no similar program to serve LGBT victims of domestic violence.   
          The Domestic Abuse Helpline for Men and Women and the National  
          Coalition of Free Men oppose the bill because, they argue, it  
          discriminates against men by failing to provide funding or  
          services for heterosexual men who are also victims of domestic  
          violence.

           SUMMARY  :   Establishes training and services for lesbian, gay,  
          bisexual and transgender (LGBT) victims of domestic violence.   








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          Specifically,  this bill  :   

          1)Establishes a $23 fee for persons registering as domestic  
            partners with the Secretary of State to be used for the  
            development and support of an LGBT curriculum for training on  
            domestic violence, support of service providers who serve the  
            LGBT community, printing and distribution of an LGBT-specific  
            domestic abuse brochure, and grants to provide services to  
            victims of LGBT domestic abuse.  Requires the fee to be  
            deposited in the Equality in Prevention and Services for  
            Domestic Abuse Fund to be administered by the Department of  
            Health Services (DHS).  Requires the Secretary of State to  
            provide couples with a LGBT domestic abuse brochure, along  
            with their Certificate of Registered Domestic Partnership.

          2)Requires the Maternal and Child Health Branch of DHS, which  
            issues grants to battered women's shelters to provide  
            emergency shelter for women and their children escaping family  
            violence, to include grants to underserved communities,  
            including the LGBT community.  Requires the advisory council  
            established to consult with DHS regarding the Maternal and  
            Child Health Branch grants to battered women's shelters to  
            include individuals with an interest and expertise in LGBT  
            domestic violence.  (Health & Safety Code Section 124250.)

          3)Requires that the training program required for law  
            enforcement officers on the handling of domestic violence  
            complaints to include adequate instruction on the nature and  
            extent of domestic violence in the LGBT community.  Requires  
            the Commission on Peace Officer Standards and Training that is  
            charged with developing the course of instruction for the  
            training program to consult with, among others, individuals  
            with an interest and expertise in LGBT domestic violence.  

          4)Requires that statewide training workshops on domestic  
            violence conducted by the Office of Emergency Services (OES)  
            include a curriculum on LGBT domestic abuse.

          5)Requires DHS, using funds from the Equality in Prevention and  
            Services for Domestic Abuse Fund, to develop and disseminate  
            an LGBT-specific domestic abuse brochure and administer a  
            program of grants that support LGBT victims of domestic  
            violence, as specified.  

           EXISTING LAW  :  








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          1)Allows two persons, who are either of the same sex or person  
            of opposite sexes, where one or both is over 62, to become  
            domestic partners by filing a declaration with the Secretary  
            of State.  Requires the Secretary of State, by regulation, to  
            establish and charge fees to registrants based on the actual  
            costs, currently set at $10.  (Family Code Sections  
            297-298.5.)  

          2)Requires the Maternal and Child Health Branch of DHS to  
            administer grants to battered women's shelters to provide  
            emergency shelter for women and their children escaping family  
            violence, including grants to underserved communities.   
            Creates, until January 1, 2010, an advisory council to consult  
            with DHS regarding the funding program, consisting of, among  
            others, domestic violence advocates, battered women service  
            providers and law enforcement.  (Health & Safety Code Section  
            124250.)

          3)Requires the Commission on Peace Officer Standards and  
            Training to implement a training program on the handling of  
            domestic violence complaints for law enforcement officers in  
            California and to consult with various groups on development  
            of the program.  (Penal Code Section 13519.)

          4)Requires the OES Comprehensive Statewide Domestic Violence  
            Program to provide assistance to local domestic violence  
            centers through a grant program.  Requires OES to conduct  
            statewide training workshops on domestic violence.  (Penal  
            Code Section 13823.15.)

           FISCAL EFFECT  :   The bill as currently in print is keyed fiscal.  


           COMMENTS  :   This bill, known as the Equality in Prevention and  
          Services for Domestic Abuse Act and sponsored by Equality  
          California, seeks to provide culturally appropriate education  
          and services for lesbian, gay, bisexual and transgender (LGBT)  
          victims of domestic violence.  The bill establishes a $23 fee  
          for those registering as domestic partners, which will support  
          the following initiatives to combat domestic violence in the  
          LGBT community:  (1) an education brochure specific to LGBT  
          abuse; (2) LGBT-specific domestic violence training for law  
          enforcement officers and domestic violence service providers;  
          and (3) grants administered by DHS to support organizations that  








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          serve the LGBT community.

          In support of the bill, the author writes:

               This bill will ensure that LGBT victims of intimate  
               partner abuse have access to culturally appropriate  
               education and services that encourage them to break  
               the cycle of violence.  . . . From a community  
               perspective, many LGBT victims are afraid to access  
               shelter services for fear of "outing" themselves or  
               being further harmed by service providers who lack the  
               understanding and sensitivity to meet their needs.   
               Gay male and transgender victims may feel particularly  
               uncomfortable at a women's shelter.  LGBT victims of  
               domestic violence are much more likely to seek safe  
               havens at community centers and organizations that  
               cater directly to the LGBT community.  In addition,  
               law enforcement, domestic violence shelters and other  
               providers require better training to serve LGBT  
               victims, especially in parts of the state that do not  
               have LGBT-specific organizations.

          There is no government source that systematically reports LGBT  
          domestic violence and statistics on the rate of abuse in the  
          LGBT community.  However, a number of studies have reviewed the  
          prevalence of domestic violence in the gay and lesbian  
          community.  It appears that, while there are not sufficient data  
          on which to draw firm conclusions, the prevalence of domestic  
          violence in gay and lesbian relationships is comparable to the  
          prevalence in heterosexual relationships.  (Gregory Merrill and  
          Valerie Wolfe, Battered Gay Men:  An Exploration of Abuse, Help  
          Seeking, and Why They Stay,  Journal of Homosexuality  (2000).)   
          According to information provided by the author, while it is  
          believed that most of the domestic violence in opposite sex  
          couple is committed by men against women, it appears that about  
          half of the abuse in the gay and lesbian community occurs in  
          lesbian relationships and about half in gay relationships.  

          According to information provided by the author, there are  
          almost no organizations throughout the nation that provide  
          services specifically for LGBT victims of domestic violence and  
          only one such group in California receives state funding.   
          Moreover, law enforcement and health care workers are usually  
          not specifically trained to deal with LGBT abuse and, as a  
          result, victims do not necessarily receive appropriate services  








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          as compared with heterosexual victims.

           Registration Fee for Domestic Partners and Brochure  .  This bill  
          would add a $23 fee to the current $10 fee for persons  
          registering as domestic partners.  The fee, which would be  
          deposited in the Equality in Prevention and Services for  
          Domestic Abuse Fund, would be used for the development and  
          support of an LGBT curriculum for training on domestic violence,  
          support of service providers who serve the LGBT community,  
          printing and distribution of an LGBT-specific domestic abuse  
          brochure, and grants to provide services to victims of LGBT  
          domestic abuse.  Under the bill, the Secretary of State is  
          required to provide registered domestic partners with a LGBT  
          domestic abuse brochure, along with their Certificate of  
          Registered Domestic Partnership

          While most registered domestic partners are same sex couples,  
          some are opposite sex couples where one or both of them are over  
          the age of 62 and qualify for Social Security benefits based on  
          age.  Under the bill, the $23 fee, however, is required to be  
          paid by all domestic partners, including opposite sex couples.   
           This Committee may want to amend the bill to limit the fee to  
          same sex couples only  .   Likewise, this Committee may also only  
          want to require the Secretary of State, when providing the  
          Certificate of Registered Domestic Partnership, to provide the  
          brochure on LGBT domestic abuse only to same sex couples  . 

           Training  .  Current law requires that the Commission on Peace  
          Officer Standards and Training to implement a training program  
          on the handling of domestic violence complaints for law  
          enforcement officers in California and consult with various  
          groups on development of the program.  This bill requires that  
          the training include adequate instruction on the nature and  
          extent of domestic violence in the LGBT community and that the  
          Commission, when developing the course of instruction for the  
          training program, consult with, among others, individuals with  
          an interest and expertise in LGBT domestic violence.  Likewise,  
          statewide domestic violence training conducted by OES would,  
          under the bill, be required to include a curriculum on LGBT  
          domestic abuse.

           Grant Programs  .  This bill requires that certain existing grants  
          for domestic service providers be directed to LGBT service  
          providers and creates a new granting program with DHS for grants  
          solely to LGBT domestic abuse service providers.  First, the  








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          Maternal and Child Health Branch of DHS, which administers  
          grants to battered women's shelters to provide emergency shelter  
          for women and their children escaping family violence, currently  
          is required to serve underserved communities and ethnic and  
          racial communities.  This bill would include LGBT communities  
          within the underserved communities that the Maternal and Child  
          Health Branch must fund. 

          Second, the bill would create a new grant program within DHS,  
          using funds from the Equality in Prevention and Services for  
          Domestic Abuse Fund established with the $23 registration fee  
          for domestic partnerships, to administer a program of grants  
          that support LGBT victims of domestic violence.  The program's  
          requirements are almost identical to the requirements of the OES  
          Comprehensive Statewide Domestic Violence Program, which  
          provides grants to local domestic violence service providers.   
          Services to be funded include 24-hour crises hotlines,  
          counseling, court and social service advocacy, legal assistance,  
          and emergency housing.  Grant funds are to be awarded initially  
          through a competitive request for proposals process.  Program  
          reapplying for funds will use a non-competitive Request for  
          Application process that assesses the grantee's past  
          performance.  DHS will be required to conduct site visits of  
          grantees at least once every three years to assess performance  
          and provide technical assistance.  DHS must provide a written  
          report of the assessment and may require corrective action for  
          specified deficiencies.  Grantees are required to provide  
          matching funds or in-kind contributions equal to at least ten  
          percent of the grant from DHS.  

           ARGUMENTS IN SUPPORT  :  The Community United Against Violence,  
          Equality California, the Gay and Lesbian Alliance of the Central  
          Coast, the L.A. Gay & Lesbian Center, and the San Diego LGBT  
          Community Center support the bill.  They note that while there  
          are various grant programs that serve battered women and their  
          children, there is no similar program to serve LGBT victims of  
          domestic violence.  "AB 2051 takes the first critical steps to  
          implement some of the recommendations that grew out of last  
          year's hearings by the Assembly Select Committee on Domestic  
          Violence and to guarantee that the Legislature takes swift  
          action on this overlooked issue."

           ARGUMENTS IN OPPOSITION  :  The Domestic Abuse Helpline for Men  
          and Women, the National Coalition of Free Men and several  
          individuals oppose the bill because, they argue, it  








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          discriminates against men.  While this bill, by adding in  
          training and services for victims of LGBT domestic violence,  
          purports to be about inclusion, it ignores male victims of  
          domestic violence who have been battered by women.  They argue  
          that men are often victims of domestic violence (citing to a San  
          Bernardino County Sheriff report that 37 percent of domestic  
          violence is against men), but that almost no services go to  
          these victims.  Write the Domestic Abuse Helpline for Men and  
          Women:  "The over 834,000 heterosexual male victims that report  
          victimization annually (D.O.J.) are no less worthy of escaping  
          violent relationships than there [sic] female counterparts,  
          lesbians, gay, bi-sexual or transgender individuals."

          The author responds that this bill only addresses the narrow  
          issue of domestic abuse in the LGBT community.  It does not seek  
          to address any other concerns, including possible shortcomings  
          or inconsistencies in the current law.

           Double referral  .  This bill would be referred to the Assembly  
          Public Safety Committee upon passage from this Committee.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Equality California (sponsor)
          California Narcotic Officers' Association
          Community United Against Violence
          Gay and Lesbian Alliance of the Central Coast
          L.A. Gay & Lesbian Center
          San Diego LGBT Community Center
          One individual

           Opposition 
           
          California Alliance for Families and Children
          Domestic Abuse Helpline for Men and Women
          National Coalition of Free Men
          Four individuals
           

          Analysis Prepared by  :    Leora Gershenzon / JUD. / (916)  
          319-2334 










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