BILL ANALYSIS
AB 688
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 688 (Eng)
As Amended August 17, 2009
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |78-0 |(May 11, 2009) |SENATE: |39-0 |(August 24, |
| | | | | |2009) |
-----------------------------------------------------------------
Original Committee Reference: PUB. S.
SUMMARY : Prohibits an arresting officer from releasing a person
on his or her own recognizance for crimes of domestic violence,
as specified.
The Senate amendments :
1)Restore previously deleted language allowing an arresting
officer to release on his or her own recognizance a person
accused of a misdemeanor violation of a domestic violence
restraining where certain facts exist.
2)Include the following in the list of offenses specified in
existing law for which an officer may not book and release an
arrestee:
a) Battery on a spouse or co-habitant;
b) Assault on a person with whom the arrestee has a dating
relationship;
c) A violation of a domestic violence restraining order
where the detained person made threats to kill or harm, has
engaged in violence against, or has gone to the residence
or workplace of the protected party; and,
d) Stalking.
3)Make various cross-references.
4)Make the provisions of this bill contingent on the prior
enactment of AB 1209 (Ma).
EXISTING LAW :
AB 688
Page 2
1)States in any case in which a person is arrested for an
offense declared to be a misdemeanor, including a violation of
any city or county ordinance, and does not demand to be taken
before a magistrate, that person shall, instead of being taken
before a magistrate, be released according to the procedures,
as specified. If the person is released, the officer or his
or her superior shall prepare in duplicate a written notice to
appear in court, containing the name and address of the
person, the offense charged, and the time when, and place
where, the person shall appear in court. If, pursuant to
existing law, the person is not released prior to being booked
and the officer in charge of the booking or his or her
superior determines that the person should be released, the
officer or his or her superior shall prepare a written notice
to appear in a court.
2)Provides that in any case in which a person is arrested for a
misdemeanor violation of a protective court order involving
domestic violence, as defined in existing law, or arrested
pursuant to a policy, as specified, the person shall be taken
before a magistrate instead of being released according to the
procedures set forth in this chapter, unless the arresting
officer determines that there is not a reasonable likelihood
that the offense will continue or resume or that the safety of
persons or property would be imminently endangered by release
of the person arrested. Prior to adopting these provisions,
each city, county, or city and county shall develop a protocol
to assist officers to determine when arrest and release is
appropriate, rather than taking the arrested person before a
magistrate. The county shall establish a committee to develop
the protocol, consisting of, at a minimum, the police chief or
county sheriff within the jurisdiction, the district attorney,
county counsel, city attorney, representatives from domestic
violence shelters, domestic violence councils, and other
relevant community agencies. Nothing in this provision shall
be construed to affect a defendant's ability to be released on
bail or on his or her own recognizance.
3)Provides that before any person who is arrested for any of the
following crimes may be released on bail in an amount that is
either more or less than the amount contained in the schedule
of bail for the offense, or may be released on his or her own
recognizance, a hearing shall be held in open court before the
magistrate or judge: a serious felony, as specified, or a
AB 688
Page 3
violent felony, as specified, but not including a residential
burglary; a violation of felony witness intimidation, spousal
rape, domestic violence, felony criminal threats or stalking,
as specified, battery on a person in a dating relationship;
and, violation of a domestic violence restraining order if the
detained person made threats to kill or harm, has engaged in
violence against, or has gone to the residence or workplace
of, the protected party.
4)Requires that law enforcement written policies encourage the
arrest of domestic violence offenders if there is probable
cause that an offense has been committed. These policies also
shall require the arrest of an offender, absent exigent
circumstances, if there is probable cause that a protective
order issued, or by a court of any other state, a
commonwealth, territory, or insular possession subject to the
jurisdiction of the United States, a military tribunal, or a
tribe has been violated. These policies shall discourage,
when appropriate, but not prohibit, dual arrests. Peace
officers shall make reasonable efforts to identify the
dominant aggressor in any incident. The dominant aggressor is
the person determined to be the most significant, rather than
the first, aggressor. In identifying the dominant aggressor,
an officer shall consider the intent of the law to protect
victims of domestic violence from continuing abuse, the
threats creating fear of physical injury, the history of
domestic violence between the persons involved, and whether
either person acted in self-defense. These arrest policies
shall be developed, adopted, and implemented by July 1, 1996.
Law enforcement agencies shall develop these policies with the
input of local domestic violence agencies
AS PASSED BY THE ASSEMBLY , this bill clarified 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 : According to the Assembly Appropriations
Committee, 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
AB 688
Page 4
change the penalty for a crime, thus making the mandate
ineligible for a crimes and infractions disclaimer.
COMMENTS : According to the author, "Current law requires a
person charged with a misdemeanor for domestic violence to
appear before a judge or commissioner in order to have the facts
relevant to the arrest reviewed and determine whether the person
is a threat to the alleged victim or to the public. However,
there are discrepancies in state law that potentially allow for
the release of a person charged without ever appearing before a
judge or commissioner. Far too many adults and children
continue to live in fear from their assailants. AB 688 will
make sure that all persons charged are screened properly before
they're put back on the street. No one should have to live
their life while constantly looking over their shoulder."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0002383
AB 688
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 688 (Eng)
As Amended August 17, 2009
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |78-0 |(May 11, 2009) |SENATE: |39-0 |(August 24, |
| | | | | |2009) |
-----------------------------------------------------------------
Original Committee Reference: PUB. S.
SUMMARY : Prohibits an arresting officer from releasing a person
on his or her own recognizance for crimes of domestic violence,
as specified.
The Senate amendments :
1)Restore previously deleted language allowing an arresting
officer to release on his or her own recognizance a person
accused of a misdemeanor violation of a domestic violence
restraining where certain facts exist.
2)Include the following in the list of offenses specified in
existing law for which an officer may not book and release an
arrestee:
a) Battery on a spouse or co-habitant;
b) Assault on a person with whom the arrestee has a dating
relationship;
c) A violation of a domestic violence restraining order
where the detained person made threats to kill or harm, has
engaged in violence against, or has gone to the residence
or workplace of the protected party; and,
d) Stalking.
3)Make various cross-references.
4)Make the provisions of this bill contingent on the prior
enactment of AB 1209 (Ma).
EXISTING LAW :
AB 688
Page 2
1)States in any case in which a person is arrested for an
offense declared to be a misdemeanor, including a violation of
any city or county ordinance, and does not demand to be taken
before a magistrate, that person shall, instead of being taken
before a magistrate, be released according to the procedures,
as specified. If the person is released, the officer or his
or her superior shall prepare in duplicate a written notice to
appear in court, containing the name and address of the
person, the offense charged, and the time when, and place
where, the person shall appear in court. If, pursuant to
existing law, the person is not released prior to being booked
and the officer in charge of the booking or his or her
superior determines that the person should be released, the
officer or his or her superior shall prepare a written notice
to appear in a court.
2)Provides that in any case in which a person is arrested for a
misdemeanor violation of a protective court order involving
domestic violence, as defined in existing law, or arrested
pursuant to a policy, as specified, the person shall be taken
before a magistrate instead of being released according to the
procedures set forth in this chapter, unless the arresting
officer determines that there is not a reasonable likelihood
that the offense will continue or resume or that the safety of
persons or property would be imminently endangered by release
of the person arrested. Prior to adopting these provisions,
each city, county, or city and county shall develop a protocol
to assist officers to determine when arrest and release is
appropriate, rather than taking the arrested person before a
magistrate. The county shall establish a committee to develop
the protocol, consisting of, at a minimum, the police chief or
county sheriff within the jurisdiction, the district attorney,
county counsel, city attorney, representatives from domestic
violence shelters, domestic violence councils, and other
relevant community agencies. Nothing in this provision shall
be construed to affect a defendant's ability to be released on
bail or on his or her own recognizance.
3)Provides that before any person who is arrested for any of the
following crimes may be released on bail in an amount that is
either more or less than the amount contained in the schedule
of bail for the offense, or may be released on his or her own
recognizance, a hearing shall be held in open court before the
magistrate or judge: a serious felony, as specified, or a
AB 688
Page 3
violent felony, as specified, but not including a residential
burglary; a violation of felony witness intimidation, spousal
rape, domestic violence, felony criminal threats or stalking,
as specified, battery on a person in a dating relationship;
and, violation of a domestic violence restraining order if the
detained person made threats to kill or harm, has engaged in
violence against, or has gone to the residence or workplace
of, the protected party.
4)Requires that law enforcement written policies encourage the
arrest of domestic violence offenders if there is probable
cause that an offense has been committed. These policies also
shall require the arrest of an offender, absent exigent
circumstances, if there is probable cause that a protective
order issued, or by a court of any other state, a
commonwealth, territory, or insular possession subject to the
jurisdiction of the United States, a military tribunal, or a
tribe has been violated. These policies shall discourage,
when appropriate, but not prohibit, dual arrests. Peace
officers shall make reasonable efforts to identify the
dominant aggressor in any incident. The dominant aggressor is
the person determined to be the most significant, rather than
the first, aggressor. In identifying the dominant aggressor,
an officer shall consider the intent of the law to protect
victims of domestic violence from continuing abuse, the
threats creating fear of physical injury, the history of
domestic violence between the persons involved, and whether
either person acted in self-defense. These arrest policies
shall be developed, adopted, and implemented by July 1, 1996.
Law enforcement agencies shall develop these policies with the
input of local domestic violence agencies
AS PASSED BY THE ASSEMBLY , this bill clarified 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 : According to the Assembly Appropriations
Committee, 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
AB 688
Page 4
change the penalty for a crime, thus making the mandate
ineligible for a crimes and infractions disclaimer.
COMMENTS : According to the author, "Current law requires a
person charged with a misdemeanor for domestic violence to
appear before a judge or commissioner in order to have the facts
relevant to the arrest reviewed and determine whether the person
is a threat to the alleged victim or to the public. However,
there are discrepancies in state law that potentially allow for
the release of a person charged without ever appearing before a
judge or commissioner. Far too many adults and children
continue to live in fear from their assailants. AB 688 will
make sure that all persons charged are screened properly before
they're put back on the street. No one should have to live
their life while constantly looking over their shoulder."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0002383