BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2011
                                                                  Page 1

          Date of Hearing:   March 23, 2010
          Counsel:                Nicole J. Hanson 


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                AB 2011 (Arambula) - As Introduced:  February 17, 2010
           
           
           SUMMARY :   Reinstates the $400 mandatory minimum fine imposed on  
          persons granted probation for a domestic violence offense.  
          Specifically,  this bill  :  

          1)Requires persons granted probation for a domestic violence  
            offense to make a minimum payment of $400.  If, after a  
            hearing in court on the record, the court finds that the  
            defendant does not have the ability to pay, the court may  
            reduce or waive this fee.

          2)Provides that grants to support the Domestic Violence Training  
            and Education program shall be awarded on a competitive basis  
            and be administered by the California Emergency Management  
            Agency (CEMA), in consultation with the statewide domestic  
            violence coalition.

           EXISTING LAW  :

          1)Requires persons granted probation for a domestic violence  
            offense to pay a fee of $200. One-third of the moneys  
            collected shall be used to fund domestic violence centers, and  
            the remainder shall be deposited in equal amounts in the  
            Domestic Violence Restraining Order Reimbursement Fund and the  
            Domestic Violence Training and Education Fund.  [Penal Code  
            Section 1203.097(a)(5).]

          2)Provides that grants to support the Domestic Violence Training  
            and Education program shall be awarded on a competitive basis  
            and be administered by the Department of Public Health (DPH),  
            in consultation with the statewide domestic violence  
            coalition, which is eligible to receive funding under this  
            section.  [Penal Code Section 1203.097(a)(5)(B).]

          3)Waives the fee for the service of process of a protective  
            order, restraining order, or injunction for a victim of  








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            domestic violence, sexual assault, or stalking.  [Code of  
            Civil Procedure Section 527.6(p).]

          4)Allows a sheriff, marshal, or constable to submit a billing to  
            superior court for the payment of fees that were waived for  
            the service of process for the victim of domestic violence,  
            sexual assault, or stalking.  [Penal Code Section  
            6103.2(b)(4).]

          5)Provides for the waiver of the fee for the service of a  
            domestic violence protective order for an indigent petitioner.  
             [Penal Code Section 6222(b).]

          6)Provides there is no filing fee for an application, responsive  
            pleading, or an order to show cause that seeks to enforce a  
            protective order or other order in a domestic violence case.   
            [Family Code Section 6222(a).]

          7)Authorizes the criminal court to issue a protective order upon  
            a good cause belief that harm to, or intimidation or  
            dissuasion of, a victim or witness has occurred or is  
            reasonably likely to occur.  The court may also order that no  
            communication or contact occur between the defendant and any  
            victim or witness.  (Penal Code Section 136.2.)

          8)States that any intentional and knowing violation of a  
            protective order, as defined, is a misdemeanor punishable by  
            imprisonment in the county jail for not more than one year; by  
            a fine of not more than $1,000; or by both a fine and  
            imprisonment.  [Penal Code Section 273.6(a).]

          9)Provides that any person who willfully inflicts upon a person  
            who is his or her spouse, cohabitant, former cohabitant, or  
            the mother or father of his or her child, corporal injury  
            resulting in a traumatic condition is guilty of a felony, and  
            upon conviction thereof shall be punished by imprisonment in  
            the state prison for two, three, or four years; in a county  
            jail for not more than one year; by a fine of up to $6,000; or  
            by both that fine and imprisonment.  (Penal Code Section  
            273.5.)

          10)Defines "domestic violence" as abuse perpetrated against any  
            of the following persons:

             a)   A spouse or former spouse;








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             b)   A cohabitant or former cohabitant, as defined in Family  
               Code Section 6209;

             c)   A person with whom the respondent is having or has had a  
               dating or engagement relationship;

             d)   A person with whom the respondent has had a child;

             e)   A child of a party; or,

             f)   Any other person related by consanguinity or affinity  
               within the second degree.  (Family Code Section 6211.)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "While the state  
            and local governments struggle to rebound from the economic  
            recession and meet their existing obligations, it is premature  
            to reduce an appropriate source of domestic violence funding.   
            The fee collected from perpetrators allows victims, who escape  
            abusive relationships, the opportunity to access programs and  
            services that help guide them to a new start."

           2)Background  :  According to information provided by the author,  
            "Since 2003, domestic violence offenders on probation have  
            been required to pay a fee, minimum of $400, unless the court  
            found that he or she was unable to pay.  However, last year no  
            legislation was enacted to extend the sunset, so the fee  
            reduced to $200.  While the state and local governments  
            struggle to rebound from the economic recession and meet their  
            existing obligations, it is premature to reduce an appropriate  
            source of domestic violence funding.  The probation fee must  
            be reinstated to its previous amount of $400. 

          "Also, in the 2009-2010 budget, DPH's duties over domestic  
            violence programs was removed due to the fiscal crisis.  The  
            funding for these programs was restored under SBx3 13 (2009);  
            however, SBx3 13 shifted the responsibility for overseeing and  
            providing domestic violence programs and services to CEMA.  In  
            order to ensure consistency and efficiency with the  
            administration of state funds for domestic violence services,  
            this bill would change the reference of DPH to CEMA."








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           3)CEMA  :  On July 28, 2009 the Governor vetoed all funding to the  
            DPH's Domestic Violence Program.  This line item veto had a  
            strong impact on shelters' abilities to administer services to  
            victims.  According the California Partnership to End Domestic  
            Violence and House of Ruth representatives (quoted in Reuters  
            News on July 30, 2009):

          "On Tuesday, Governor Schwarzenegger line-item vetoed the  
            Department of Public Health's Domestic Violence Program, which  
            provides $20.4 million for 94 domestic violence shelters and  
            centers.  Services provided by these agencies include  
            emergency shelter, transitional housing, legal advocacy,  
            assistance with restraining orders, counseling and other vital  
            support services.  Last week, the Legislature approved a  
            20-percent reduction to the program but the Assembly left a  
            deficit that the Governor filled with additional cuts.   
            Shelters receiving money through this program will, on  
            average, lose 30 percent of their budgets, and it is already  
            clear that many programs will be forced to close. 

          " 'State funding to domestic violence programs has been proven  
            to  save lives, and also millions of dollars in health care,  
            law enforcement and other social costs,' Shabazz, Executive  
            Director of The California Partnership to End Domestic  
            Violence (CPEDV).  'It is fiscally irresponsible to propose  
            such cuts.'

          " 'Domestic violence shelters are often the only thing standing  
            between victims and grave physical danger.  California's  
            communities cannot sustain their loss,' says Sue Aebischer,  
            Executive Director of House of Ruth.  'Our programs provide  
            safety and shelter, but our end goal is much broader:  to  
            break the cycle of violence.  Domestic violence is  
            intergenerational; the potential impact of these cuts on  
            future generations is enormous.' 

          "When the resources do not exist for victims to receive domestic  
            violence services, they are left with no choice but to return  
            to their abusers.  According to a national census of domestic  
            violence services, in just one day 7,707 requests for services  
            went unmet due to lack of resources."  [Reuters News (July 30,  
            2009), retrieved at www.reuters.com/article.]

           4)Argument in Support  :  According to the  Governor's Office of  








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            Planning and Research (OPR)  , "Previously under Penal Code  
            section 1203.097 when a domestic violence offender received  
            probation, he or she was required to pay a minimum amount of  
            $400 unless he or she was unable to pay.  As of January 1,  
            2010, this amount sunset to $200.  This fee is allotted  
            between the county and state, where it is used among other  
            things to improve the scope and quality of domestic violence  
            service to victims. 

          "Last year, when funding for domestic violence programs was at  
            risk due to the budget crisis facing the state, the resulting  
            coverage highlighted the continuing need for existing and  
            additional financial support for these much needed services.   
            While state and local governments struggle to rebound from the  
            economic recession and meet their existing obligations, it is  
            premature to reduce an appropriate source of domestic violence  
            funding.  Accordingly, OPR has sponsored AB 2011 in order to  
            reinstate the probation fee domestic violence offenders must  
            pay to $400, which would help fund vital domestic violence  
            services.  It would also continue to bring into alignment the  
            responsibility for overseeing and delivering state funds for  
            domestic violence programs with CEMA."

           5)Argument in Opposition  :  According to the California Public  
            Defenders Association, "Currently, defendants in domestic  
            violence cases are already subject to the mandatory 52-week  
            batterers intervention program, which they must pay for or  
            face violation of the court's orders.  Defendants must also  
            report to court and to their probation officer for regular  
            progress reports and must pay for the cost of supervised  
            probation, which can total well over $1,000.  These  
            obligations have the practical effect of limiting employment  
            income and hours.  Such batterers intervention programs offer  
            limited fee reduced slots.  For example, in Los Angeles  
            County, Batterer Intervention Programs are only required to  
            set aside 10% of their slots for fee reduction and fee waiver.  
             The mandatory minimum fine of $200 pursuant to Penal Code  
            Section 1203.097(a)(5) can only be reduced or waived if after  
            a hearing in court on the record where the court makes a  
            finding that the defendant does not have the ability to pay.

          "Increasing fines to be paid by defendants in domestic violence  
            cases will have the unintended but predictable consequence of  
            less overall fines being paid, current program funding being  
            depleted, and less completion of batterers intervention  








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            programs.  AB 2011 presupposes a wealthy clientele with  
            bottomless funding reserves instead of acknowledging the  
            reality, that many defendants in domestic violence cases are  
            struggling financially to meet the already numerous  
            obligations imposed in every domestic violence case."

           6)Related Legislation  :   
           
             a)   SBx3 13 (Alquist), Chapter 29, Statutes of 2009,  
               required CEMA to be responsible for the administration of  
               shelter-based services for victims of domestic violence  
               rather than the Maternal and Child Health Branch of DPH.

             b)   AB 503 (Furutani) would have extended the January 1,  
               2015 sunset date of an advisory council which provides  
               consultation to DPH Domestic Violence Program, and would  
               have required DPH and CEMA to consider consolidation of  
               their respective domestic programs.  AB 503 was vetoed.  In  
               his veto message, the Governor stated:

             " . . . California's fiscal crisis required tough choices in  
               our state budget.  One of the most difficult choices was to  
               eliminate funding for DPH's domestic violence program.   
               Since that Department no longer receives funding for this  
               program, extending the sunset date for the advisory  
               committee is also unnecessary . . . " 

           7)Prior Legislation  :

             a)   AB 2405 (Arambula), Chapter 241, Statutes of 2008,  
               allowed counties to authorize an additional fee up to $250  
               upon every fine, penalty, or forfeiture imposed and  
               collected by the courts for specified crimes involving  
               domestic violence and directed the funds to domestic  
               violence programs that focus on assisting immigrants,  
               refugees, and persons residing in rural communities.  

             b)   AB 2695 (Goldberg), Chapter 476, Statutes of 2006,  
               extended the sunset date from 2007 to 2010 on the $400  
               minimum mandatory fine an individual granted probation for  
               a domestic violence crime may have imposed.  AB 2695 also  
               eliminated the 2007 sunset date on the waiving of fees  
               associated with service of process for specified  
               restraining orders and injunctions.









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             c)   AB 2084 (Karnette), Chapter 857, Statutes of 2006,  
               repealed the "Domestic Violence Centers Act" and replaced  
               it with the "Domestic Violence Shelter-Based Programs Act".

             d)   AB 352 (Goldberg), Chapter 431, Statutes of 2003, among  
               other things, increased the mandatory minimum fine imposed  
               on persons granted probation for a domestic violence crime  
               from $200 to $400 until 2007.

             e)   ABx1 93 (Burton), Chapter 28, Statutes of 1993, required  
               a person who is granted probation for a domestic-violence  
               crime to make a minimum payment of $200.  Two-thirds of the  
               money must be retained by counties and deposited in the  
               domestic violence programs special fund.  The remainder  
               shall be transferred to the State Controller for deposit in  
               the Domestic Violence Restraining Order Reimbursement Fund  
               and the Domestic Violence Training and Education Fund.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Crime Victims United of California 
          Governor's Office of Planning and Research

           Opposition 
           
          California Public Defenders Association
           

          Analysis Prepared by  :    Nicole J. Hanson / PUB. S. / (916)  
          319-3744