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.