BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1360
                                                                  Page  1

          Date of Hearing:   May 6, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

               AB 1360 (J. Perez) - As Introduced:  February 27, 2009 

          Policy Committee:                              Public  
          SafetyVote:  7-0

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

           SUMMARY  

          This bill adds former fianc?s/fianc?es and current and former  
          dating relationships to the list of relationships -  
          spouse/former spouse, cohabitant/former cohabitant,  
          mother/father of the offender's child -  that constitute felony  
          domestic violence when corporal injury results in a traumatic  
          condition. This offense is a wobbler, punishable by up to 1 year  
          in county jail and/or a fine of up to $6,000, or 2, 3, or 4  
          years in state prison. 

           FISCAL EFFECT  

          1)Unknown, moderate annual GF costs, in excess of $250,000 for  
            increased state prison commitments. In 2007 and 2008, a  
            combined 3,817 persons were committed to state prison under  
            the section amended by this bill. If the definitional  
            expansion in this bill results in a 1% increase in state  
            commitments, assuming a mid-range term and full sentence  
            credits, annual costs could exceed $1 million. 

            The same penalty, however, can be achieved by charging under  
            Penal Code Section 245 (assault with a deadly weapon or force  
            likely to cause bodily injury), which would significantly  
            mitigate the cost of new commitments. 

          2)In addition, this section provides for longer state prison  
            sentences for repeat offenses of this section, which would  
            further increase the annual cost in the out-years.

            COMMENTS  









                                                                  AB 1360
                                                                  Page  2

           1)Rationale  . The author's intent is to address a perceived  
            inconsistency between the relationships listed in the  
            misdemeanor domestic violence statute, and those listed in the  
            felony statute. According to the author, "AB 1360 seeks to  
            eliminate an inconsistency in domestic violence laws by  
            amending Penal Code Section 273.5 to expand the scope of  
            felony domestic violence to include relationships found in  
            other domestic violence laws?

            "The inclusion of fianc?s or fianc?es, and current or  
            former dating and engagement partners in Penal Code  
            Section 273.5 will make the felony statute consistent  
            with all other domestic violence laws.  It will enable  
            all offenders to be charged with the appropriate crimes  
            and sentenced to the appropriate punishments.  And it  
            will allow for more accurate statistical reporting of  
            domestic violence occurrences."

           2)Support  . Proponents contend the differences between these  
            lists create a discrepancy in with respect to the protection  
            of victims. According to the sponsor, the L.A. District  
            Attorney's Office, "AB 1360 would correct this problem by  
            expanding the scope of the felony statute to cover the same  
            list of victims as the misdemeanor statute.

          "Because of this flaw, a defendant who commits a felony battery  
            on his or her fianc?, or fianc?e, or a person with whom the  
            defendant currently has, or has previously had, a dating or  
            engagement relationship are not subject to the same  
            punishments and treatment requirements that other domestic  
            abusers are subject to upon conviction.  (For example, if  
            probation is granted, the conditions of probation may  
            include:(1) That the defendant make payments to a battered  
            women's shelter, up to a maximum of five thousand dollars  
            ($5,000), pursuant to Section 1203.097 and/or (2) That the  
            defendant reimburse the victim for reasonable costs of  
            counseling and other reasonable expenses that the court finds  
            are the direct result of the defendant's offense; Enhanced  
            penalties for multiple convictions within a 7 year period;  
            requirement that an individual participate in a one-year  
            batterers treatment program)."  


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