BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 688
                                                                  Page  1

          Date of Hearing:   April 29, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                  AB 688 (Eng) - As Introduced:  February 26, 2009 

          Policy Committee:                              Public  
          SafetyVote:  7-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill clarifies that a peace officer may not release a  
          person on his or her own recognizance, as specified, when  
          arrested for a misdemeanor violation of a domestic violence  
          protective order.    
           
           FISCAL EFFECT  

          Minor, potentially state-reimbursable local law enforcement and  
          detention costs. This bill is a clarification of conflicting  
          code sections, largely reflects current practice, and will not  
          result in a large number of additional hearings or holds. To the  
          extent this bill, however, results in additional law enforcement  
          costs, these costs are potentially state-reimbursable as this  
          bill does not create a new crime or change the penalty for a  
          crime, thus making the mandate ineligible for a crimes and  
          infractions disclaimer.  

           COMMENTS  

           1)Rationale  . Current law requires that a person arrested for a  
            misdemeanor need not be taken before a magistrate and may be  
            released on his or her own recognizance. If a person is  
            arrested for a misdemeanor violation of a protective order  
            involving domestic violence, involving violence, threats to  
            cause harm, or if the arrestee has gone to the victim's home  
            or workplace, however, the arrestee must be taken before the  
            court before being released (Penal Code Sec 1270.1(a)). Under  
            Penal Code Sec 853.6(a), however, this is not the case if the  
            arresting officer determines it is not likely the arrestee  
            will continue or resume the offense and that persons or  








                                                                  AB 688
                                                                  Page  2

            property would not be endangered by release.   

            The author's intent is to strike the provisions authorizing an  
            officer to release a person arrested for violating a  
            restraining order without a hearing.

          2)Support  . According to the L.A. District Attorney's Office and  
            the L.A. County Sheriff's Department, due to an inconsistency  
            in law regarding arrest procedures for misdemeanor arrests for  
            domestic violence, there has been confusion as to which  
            section to follow. Peace officers often refer to the standard  
            misdemeanor release section (Penal Code Sec 853.6) for  
            guidance in the release of misdemeanor arrestees. This  
            section, however, does not reference Section 1270.1, a more  
            recent revision to the code. Section 853.6 has never been  
            updated to reflect the new law regarding the misdemeanor  
            domestic violence arrest and release procedures. This bill  
            accomplishes this objective.  

           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081