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.
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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
AB 2051
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