BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair 2011 (Arambula) Hearing Date: 06/28/2010 Amended: 04/15/2010 Consultant: Jacqueline Wong-HernandezPolicy Vote: Public Safety 7-0 _________________________________________________________________ ____ BILL SUMMARY: AB 2011 would raise the mandatory minimum fine imposed on persons granted probation for a domestic violence offense from $200 to $400. This bill contains an urgency clause. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2010-11 2011-12 2012-13 Fund Raises minimum fine Increased revenue; likely more than $1,000 annually General* Special** Potentially significant increased revenue Local *A portion of the fine is distributed to the Domestic Violence Restraining Order Reimbursement fund, which reimburses local law enforcement for specified state-mandated local costs. In the absence of sufficient fines, the General Fund would be used for reimbursements. **Domestic Violence Training and Education Fund _________________________________________________________________ ____ STAFF COMMENTS: This bill seeks to restore the mandatory minimum fine imposed on persons granted probation for a domestic violence offense to the ($400) level that existed from January 1, 2004 until January 1, 2010. AB 352 (Goldberg, 2003) increased the mandatory minimum fine imposed on persons granted probation for a domestic violence crime from $200 to $400 until 2007. AB 352 also changed the allocation formula for these fine monies, from one-third going to local domestic violence special funds and two-thirds to state domestic violence special funds to two-thirds local and one-third state. The change to the allocation formula had no impact on state revenue, because two-thirds of $200 is the same amount as one-third of $400 (approximately $133). County fine revenue quadrupled from approximately $67 per fine, to $267 per fine; these fines are used for local domestic violence centers and programs. AB 2695 (Goldberg 2006) extended the sunset on both the $400 minimum fine, and the allocation changes. The provisions sunset on January 1, 2010; the minimum fine reverted back to $200, and the funding allocation formula reverted back to one-third going to local domestic violence special funds and two-thirds to state domestic violence special funds. This change did not impact the state disbursement, but drastically cut the counties' allocations. Page 2 AB 2011 (Arambula) This bill would result in increased revenues to the state and counties, compared to the current $200 minimum fine and its funding allocation formula. Staff notes that this bill does not, however, simply restore the provisions of AB 352 which were in effect until January 1. This bill raises the minimum fine to $400, and allocates one-third of the funds to local domestic violence special funds and two-thirds to the state. Under this bill, the state would be allocated $267 of every fine, which is double the amount previously allocated (both under AB 352 and currently). The counties would receive $133 of each fine, which is twice as much as they currently receive, but only half as much as their allocation under the provisions of AB 352.