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