BILL ANALYSIS AB 2011 Page 1 Date of Hearing: April 14, 2010 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair AB 2011 (Arambula) - As Introduced: February 17, 2010 Policy Committee: Public SafetyVote: 7-0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill reinstates the $400 mandatory minimum fine imposed on persons granted probation for a domestic violence offense (current law provides for a $200 minimum fine). If, after a hearing, the court finds the defendant lacks the ability to pay, the court may reduce or waive this fee. One-third of the fine proceeds fund domestic violence centers; the remainder is deposited in equal amounts in the Domestic Violence Restraining Order Reimbursement Fund, within the Department of Justice (DOJ), and the Domestic Violence Training and Education Fund, within the Department of Public Health (DPH). (The $400 fine was reduced to $200 effective January 1, 2010. It was increased to $400 in 2003 by AB 352 (Goldberg), and the sunset on the $400 was extended to Jan. 1, 2010 in 2007 by AB 2695 (Goldberg). This bill restores the $400 fine, with no sunset.) FISCAL EFFECT Ongoing additional fine revenues in the range of $1.7 million. Initial estimates from the State Controller's Office regarding the fine collections for January 2010 at the reduced level of $200 indicate fine remittances are coming in at less than half of the level collected under the $400 fine, which would result in a total collection of about $1.3 million annually at the $200 level, compared with about $3 million 2009. AB 2011 Page 2 Even at the $400 level, total collections are down significantly in recent years, presumably due to the economy and offenders' inability to pay. COMMENTS 1)Rationale . The author and sponsor, the governor's Office of Research and Planning, contend the $400 fine level is appropriate and necessary to maintain existing programs. 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)Opposition . The Public Defenders Association contends that a lower fine is more appropriate, given economic conditions. Supporters counter the court may waive or reduce the fee based on ability to pay. 3)Amendment . The author will propose adding an urgency clause. Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081