BILL ANALYSIS AB 2051 Page 1 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. AB 2051 Page 2 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 : AB 2051 Page 3 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 AB 2051 Page 4 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 AB 2051 Page 5 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 AB 2051 Page 6 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 AB 2051 Page 7 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 AB 2051 Page 8