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  








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            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
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            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  








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            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  








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            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 








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          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