BILL ANALYSIS AB 2051 Page 1 Date of Hearing: April 25, 2006 Counsel: Kathleen Ragan ASSEMBLY COMMITTEE ON PUBLIC SAFETY Mark Leno, Chair AB 2051 (Cohn) - As Amended: April 19, 2006 SUMMARY : Establishes the Equality in Prevention and Services for Domestic Abuse Act in order to provide culturally appropriate education and services for lesbian, gay, bisexual and transgender (LGBT) victims of domestic violence. Specifically, this bill : 1)Establishes a $23 fee for those registering as domestic partners, which will support the following initiatives to combat domestic violence in the LGBT community: a) An educational brochure specific to LGBT abuse; b) LGBT-specific domestic violence training for law enforcement officers and domestic violence service providers; and, c) Grants administered by Department of Health Services (DHS) to support organizations that serve the LGBT community. 2)Requires the fee to be deposited in the Equality in Prevention and Services for Domestic Abuse Fund to be administered by DHS. 3)Requires the Secretary of State to provide couples with a LGBT domestic abuse brochure, along with their Certificate of Registered Domestic Partnership. 4)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 AB 2051 Page 2 include individuals with an interest and expertise in LGBT domestic violence. 5)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. 6)Requires the Commission on Peace Officer Standards and Training (POST), 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. 7)Requires that statewide training workshops on domestic violence conducted by the Office of Emergency Services (OES) include a curriculum on LGBT domestic abuse. 8)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 : 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 to 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 and Safety Code Section 124250.) 3)Requires POST to implement a training program on the handling AB 2051 Page 3 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 : Unknown COMMENTS : 3)Author's Statement : According to the author: "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." 4)Domestic Violence in the LGBT Community : 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. While there are not sufficient data on which to draw firm conclusions, it appears that 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 AB 2051 Page 4 against women, it appears that about one-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 as compared with heterosexual victims. 5)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 a LGBT curriculum for training on domestic violence, support of service providers who serve the LGBT community, printing and distribution of a 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. However, under the bill, the $23 fee is required to be paid by all domestic partners, including opposite sex couples. 6)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 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 AB 2051 Page 5 fund. Second, this 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. 7)Arguments in Support : a) Equality California states, "Under existing law, the DHS and OES administer various grant programs to serve battered women and their children. However, there is no similar funding to service the needs of LGBT victims of domestic violence. "By requiring persons registering as domestic partners to pay a $23 fee, this bill would establish the Equality in Prevention and Services for Domestic Abuse Fund. This fund would support a number of initiatives to address the problem of domestic violence among same sex partners, including: i) An educational brochure specific to LGBT domestic abuse to accompany domestic partnership certificates; ii) Grants administered by DHS to support organizations that serve LGBT victims of domestic abuse; AB 2051 Page 6 iii) LGBT-specific domestic violence training for law enforcement; and, iv) LGBT-specific trainings for domestic violence service providers." b) The Community United against Violence states, "[D]HS and OES administer various grant programs to serve battered women and their children. However, there is no similar funding to serve the needs of LGBT victims of domestic violence. This problem was underscored in 2005 by a series of hearings held by the California State Assembly Select Committee on Domestic Violence that increased public knowledge about LGBT domestic abuse and explored ways to better serve victims." 1)Arguments in Opposition : a) John Hamel & Associates states, "Based on extensive clinical experience, as well as an exhaustive review of the research literature, I believe that domestic violence is a human and family problem, and not simply one of men battering women. Accordingly, [this bill] ought to reflect the realities of family violence. [S]hould you wish to obtain more information, please visit the 'research' pages of my Web site, www.JohnHamel.net or the website of the Family Violence Treatment and Education Association ( www.FAVTEA.com .) b) The Domestic Abuse Hotline for Men and Women states, "It is [our] understanding that this bill, while laudatory in its intent, is limited and discriminatory in its objective. All human beings subjected to family violence should be welcomed and offered the same services in our country's federally funded domestic violence shelter programs in California and across the country. For that matter, heterosexual male victims should not continue to be excluded as they have been for the last 35 years that we as a society have been made publicly aware of the destructive nature of domestic violence." REGISTERED SUPPORT / OPPOSITION : Support AB 2051 Page 7 Equality California (Sponsor) Gay and Lesbian Alliance of the Central Coast Community United Against Violence San Diego LGBT Community Center Opposition John Hamel & Associates, Licensed Clinical Social Workers Domestic Abuse Helpline for Men and Women 1 private individual Analysis Prepared by : Kathleen Ragan / PUB. S. / (916) 319-3744