BILL ANALYSIS                                                                                                                                                                                                    






                           SENATE JUDICIARY COMMITTEE
                         Senator Joseph L. Dunn, Chair
                           2005-2006 Regular Session


          AB 2051                                                A
          Assembly Member Cohn                                   B
          As Amended June 26, 2006
          Hearing Date:  August 8, 2006                          2
          Family Code; Health & Safety Code;                     0
          Penal Code                                             5
          GMO:rm                                                 1
                                                                 

                                     SUBJECT
                                         
             Domestic Violence:  Fees for Registration of Domestic  
                                  Partnerships


                                   DESCRIPTION  

          The bill would establish in the Office of Emergency  
          Services (OES) a grant program for domestic abuse  
          prevention in the lesbian, gay, bisexual, and transgender  
          (LGBT) community, and establish fees of $23 in addition to  
          the registration fee for domestic partnerships in order to  
          fund this grant program.  It would require the OES to  
          conduct training workshops specific to domestic violence in  
          the LGBT community, and to include at least one member from  
          the LGBT community on its advisory council.  The $23 fee  
          would not apply to heterosexual domestic partners who are  
          62 years old or older.

          The bill would additionally require the Peace Officers  
          Standard Training courses to contain a specific curriculum  
          component in domestic violence involving the LGBT  
          community.  

          The bill would also require the Department of Health  
          Services (DHS) to prepare an LGBT-specific domestic abuse  
          brochure for the Secretary of State to print and make  
          available to persons who qualify as domestic partners for  
          registration purposes.  This portion of the bill would be  
          contingent on available funding.  In addition, this bill  
                                                                 
          (more)



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          would require the DHS advisory council on the battered  
          women's shelter grant program to include LGBT  
          representation.

          (This analysis reflects author's amendments to be offered  
          in committee.)




                                    BACKGROUND  

          According to the National Gay and Lesbian Taskforce, there  
          are many barriers to addressing domestic violence (DV) in  
          the LGBT community, one of which is that DV is generally  
          considered to be an issue faced only by heterosexual women.  
           The Taskforce cites studies of lesbian couples which found  
          that 22 to 46 percent of lesbians have been in physically  
          violent same-sex relationships.  In 1997, the Gay Men's DV  
          project conducted a survey of over 2,000 men in Boston and  
          found that 25 percent had experienced DV.  The Taskforce  
          further cites a survey of 12 service organizations  
          nationwide that yielded 4,048 reported cases of LGBT DV in  
          2000.  The Taskforce asserts that this number likely  
          represents only a small portion of actual cases nationwide.

          The National Coalition of Anti-Violence Programs (NCAVP)  
          reports that sometimes LGBT domestic violence victims are  
          inappropriately arrested in cases where they are physically  
          larger or perceived to be stronger than the assailant.  The  
          organization states that survivors of same-sex abuse often  
          face ignorance and/or prejudice in treatment from medical  
          providers, DV specialists, law enforcement, and other  
          service providers who may lack training in the unique  
          challenges confronting LGBT victims.  Furthermore, the  
          Coalition states, gay men have difficulties finding DV  
          service and shelters which have traditionally been  
          available only to battered women.  The NCAVP reports that  
          in 2003, the 6,253 cases of LGBT domestic abuse reported by  
          programs across the country represent a 13 percent increase  
          from the cases reported by the same programs in 2002.  The  
          increase included six domestic violence-related deaths.  Of  
          the victims in the report for whom race was known, 44  
          percent were white, 25 percent were  Latino/Latina, 15  
          percent were African American, 5 percent were Asian Pacific  
                                                                       




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          Islander, and 4 percent were multiracial.  Additionally  
          there was a 54 percent increase in reports from victims  
          under the age of 30.

          In April, 2005, the Assembly Select Committee on Domestic  
          Violence held hearings, where extensive testimony  
          highlighted the incidence of domestic violence in the LGBT  
          community, and it was generally acknowledged that the  
          current funding stream for domestic violence shelters and  
          services do not meet the needs of the LGBT community  
          specifically.  On July 1, 2005, Central California Pride  
          Network, an organization that operated the only  
          LGBT-specific domestic violence shelter in the nation,  
          closed its doors and hotline due to insufficient funding.   
          At the same time, two other agencies, the Los Angeles Gay  
          and Lesbian Center (LAGLC) and the Community United Against  
          Violence (CUAV), lost 100% of their domestic violence  
          funding when the DHS changed its funding criteria to allow  
          only "shelter-based" agencies to be eligible for funding  
          under the existing grant program.

          This bill was originally drafted to make the existing grant  
          program (funded by $23 added on to marriage license fees)  
          gender-neutral and thus ensure that DV shelters catering to  
          the LGBT community have a competitive chance to obtain  
          grants from the DHS.  However, the severe deficiency in  
          funding of domestic violence shelters that provide services  
          to battered women and their children caused an outcry among  
          the existing domestic violence shelter providers.   
          Subsequently, the bill was amended to create a separate  
          fund for DV programs that are specific to the LGBT  
          community.


                             CHANGES TO EXISTING LAW
           
          1.    Existing law  requires the DHS to prepare and publish a  
            brochure containing information about genetic defects and  
            diseases, acquired immune deficiency (AIDS) syndrome, and  
            information concerning DV including a statement that DV  
            is against the law and resources where victims may seek  
            assistance.  Brochures are made available to the county  
            clerks who are required to give the brochure to each  
            applicant for a marriage license.

                                                                       




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             This bill  would require the DHS to make this brochure  
            available to the Secretary of State (SOS) for  
            distribution to persons registering as domestic partners.  
             It would also require the DHS to prepare an  
            LGBT-specific brochure relevant to domestic abuse, as  
            funding allows, and to make the brochure available to the  
            SOS for printing and distribution.

             This bill  would require the DHS to include an LGBT  
            community representative on the DHS advisory council on  
            domestic violence services.

             This bill  contains legislative declarations relative to  
            the problem of domestic violence in the LGBT community,  
            and makes findings that this population is underserved or  
            unserved.   The bill  specifies legislative intent that a  
            goal or purpose of the Department of Health Services  
            shall be to ensure that all victims of domestic violence  
            in the LGBT community are served for purposes of domestic  
            violence and receive comprehensive, quality service.

          2.    Existing law  requires the SOS to establish fees for  
            the costs of processing forms for registering domestic  
            partnerships.

             This bill would impose a $23 fee upon persons registering  
            as domestic partners to be used for developing and  
            supporting a training curriculum specific to domestic  
            abuse in the LGBT community, for supporting providers of  
            services to the LGBT community in regard to domestic  
            violence, and for providing LGBT-specific brochures on  
            domestic abuse.  The fee would be placed in the Equality  
            in Prevention and Services for Domestic Abuse Fund, to be  
            administered by the Office of Emergency Services (OES).

          3.    Existing law  requires the OES to conduct statewide  
            training workshops on domestic violence for providers,  
            law enforcement, and local centers.   Existing   law   
            requires OES to develop and disseminate information on  
            domestic violence.

             This bill  would require such training workshops to  
            include a curriculum component that is specific to  
            domestic abuse in the LGBT context. 

                                                                       




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             This bill  would require the OES to include an LGBT  
            community representative on the OES advisory council on  
            domestic violence.

          4.    Existing law  requires specified training for law  
            enforcement officers in regard to domestic violence.  The  
            training is developed and conducted by the Commission on  
            Peace Officer Standards and Training (POST).

             This bill  would require the POST training programs to  
            include training in domestic violence in the context of  
            the LGBT community.


                                     COMMENT
           
          1.    Need for the bill

             In support of AB 2051, the author states:

               Currently 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 abuse in the  
               gay and lesbian community?[and] it appears that the  
               prevalence of domestic abuse in gay and lesbian  
               relationships is comparable to the prevalence in  
               heterosexual relationships?

               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 woman'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  
                                                                       




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               better training to serve LGBT victims, especially  
               in parts of the state that do not have  
               LGBT-specific organizations.

          2.    Author's amendments

             Author's amendments would exempt, from the $23 fee,  
            heterosexual persons who are 62 years old or older and  
            registering as domestic partners.

          3.    Opposition by POST Commission

             The POST Commission opposes AB 2051 because the bill  
            would add LGBT-specific content to the current POST  
            curriculum on domestic violence.  The Commission states:

               The Commission's concern centers on narrowing the  
               focus in law to specify any race, age, sexual  
               orientation or creed in matters involving domestic  
               violence? Sufficient domestic violence training  
               curriculum relevant to issues that include lesbian,  
               gay, bisexual, and transgender persons is already  
               delivered to all peace officers.  A minimum  
               requirement of eight hours of domestic violence  
               [training], including the legal criteria for  
               qualification as a domestic partner, is  
               incorporated into the basic academy training.  In  
               addition, each peace officer?receives the following  
               minimums of instruction: six hours of  
               victimology/crisis intervention, twenty-four hours  
               of cultural diversity (including hate crimes,  
               sexual harassment and racial profiling), a domestic  
               violence scenario test, and six hours of  
               constitutional law (including equal protection  
               clauses of the California and Federal  
               constitutions).  

            The Commission also states that since 1996 it has  
            continually funded a course called "Tools for Tolerance,"  
            which is presented by the Museum of Tolerance, and since  
            1997 has delivered a 40-hour course on domestic violence  
            [funded by the federal Violence Against Women Act (VAWA)]  
            that addresses the issues raised by AB 2051.

            Finally, the Commission cites the California Department  
                                                                       




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            of Justice statistic that shows homicide rates for  
            heterosexual domestic violence is 15 times that in the  
            non-heterosexual context, and that the effectiveness of  
            training law enforcement on domestic violence has  
            resulted in dramatic reductions over time (reduction by  
            56,151 cases from 1994 to 2003, and by 75,509 cases  
            involving a weapon over the same period).

            Therefore, the POST Commission contends that the  
            additional training that this bill would require to  
            specifically address domestic violence in the LGBT  
            context is unnecessary.
          4.    Supporters' arguments and other opposition contentions

             Supporters of AB 2051 stress the dearth of services  
            provided to LGBT persons who are victims of domestic  
            violence.   According to the Assembly Select Committee  
            hearings held last year, there are less than a handful of  
            LGBT specific programs in California, and those that  
            exist either do not receive state funding or have had  
            their funding cut or eliminated during the last round of  
            state restructuring. Community United Against Violence  
            (CUAV) states that "while the legal landscape for LGBT  
            families is changing rapidly - including changes in  
            parental rights, separation processes and domestic  
            partnership and marriage rights - resources have not been  
            established to help survivors of domestic violence  
            navigate these monumental changes? AB 2051 takes the  
            first critical steps to implement some of the  
            recommendations that grew out of last year's hearings?and  
            to guarantee that the Legislature takes swift action on  
            this overlooked issue."

            The Junior Leagues of California also support AB 2051  
            because it would address the impact of violence on the  
            community through prevention, intervention, and  
            education. 

            Some opponents point to the lack of services to male  
            victims of female aggressors in a heterosexual domestic  
            violence situation, and indicate that services should be  
            available to all, not just to women and their children.   
            In particular, a group called Peace Creations argues it  
            has provided batterer's intervention services to men and  
            women alike, and states that since "domestic violence  
                                                                       




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            victims include men (both heterosexual and homosexual) as  
            well as transgender individuals?the bill [should be]  
            gender inclusive? This would relieve gender bias as found  
            in many areas in this field and begin the process of a  
            holistic approach to the problem." (Letter dated April  
            24, 2006.)  However, the author notes that this bill does  
            not intend to address any inequality or deficiency in  
            current law, except that which affects services to the  
            LGBT community.

            On the other hand, the Secretary of State originally  
            opposed the $23 increase in fees to registration of  
            domestic partnerships because the funds were to be used  
            by the SOS for developing, printing and dissemination of  
            the brochure to domestic partners.  The increase in fees  
            would triple the current cost for registration, the SOS  
            contended, and would affect the 62-year old heterosexual  
            couples who want to register.  The bill has since been  
            amended to require the DHS to produce the brochures  
            instead, and today's amendments would exempt the 62-year  
            old heterosexual couple from the increase in fees.   
            However, the $23 fee would still be charged, under this  
            bill, to fund domestic violence services administered by  
            the OES.  It would instead go to the Equality in Domestic  
            Abuse Prevention and Services Fund for grants to serve  
            the LGBT community.
          Support: City of West Hollywood; State Public Affairs  
                 Committee of the Junior Leagues of California;  
                 Family Law Section of the State Bar of California;  
                 California Teachers Association; State Controller  
                 Steve Westly; the San Diego LGBT Community Center;  
                 Community United Against Violence (CUAV); Gay and  
                 Lesbian Alliance of the Central Coast (GALA)

          Opposition:   Commission on Peace Officer Standards and  
                    Training (POST); Forensic Psychiatric Services  
                    Commission (Canada); California Parents United,  
                    Inc.; Secretary of State; Peace Creations; one  
                    faculty member in the Department of Psychology,  
                    Simon Fraser University, Canada; one faculty  
                    member in the Department of Criminal Justice,  
                    University of Massachusetts (Lowell); Grant Joint  
                    Union High School Domestic Violence Batterer's  
                    Treatment Program; California Alliance for  
                    Families and Children; Domestic Abuse Helpline  
                                                                       




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                    for Men and Women; one faculty member of the  
                    Department of Psychology, California State  
                    University at Long Beach; several individuals

                                     HISTORY
           
          Source: Equality California

          Related Pending Legislation: None Known

          Prior Legislation: None Known

          Prior Vote:Asm. Jud. (Ayes 6, Noes 2)
                    Asm. Pub. S. (Ayes 4, Noes 2)
                    Asm. Appr. (Ayes 13, Noes 5)
                    Asm. Flr. (Ayes 49, Noes 29)
                    Sen. Health (Ayes 5, Noes 4)
          
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