BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2011
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2011 (Arambula)
          As Amended  June 30, 2010
          2/3 vote.  Urgency
           
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          |ASSEMBLY:  |74-0 |(April 22,      |SENATE: |34-0 |(July 1, 2010) |
          |           |     |2010)           |        |     |               |
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          Original Committee Reference:    PUB. S.  

           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 State Department of  
            Public Health (DPH), in consultation with the statewide  
            domestic violence coalition.

           The Senate amendments  increase the monies deposited with the  
          county treasurer for domestic violence programs from 1/3 to 2/3.

           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.  

          2)Provides that grants to support the Domestic Violence Training  
            and Education program shall be awarded on a competitive basis  
            and be administered by DPH, in consultation with the statewide  
            domestic violence coalition, which is eligible to receive  
            funding under this section.  









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          3)Waives the fee for the service of process of a protective  
            order, restraining order, or injunction for a victim of  
            domestic violence, sexual assault, or stalking.  

          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.  

          5)Provides for the waiver of the fee for the service of a  
            domestic violence protective order for an indigent petitioner.  
             

          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.  

          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.  

          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.  

          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.  

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

             a)   A spouse or former spouse;

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








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             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.  

           AS PASSED BY THE ASSEMBLY  , this bill reinstated the $400  
          mandatory minimum fine imposed on persons granted probation for  
          a domestic violence offense.

           FISCAL EFFECT  :   According to the Assembly Appropriations  
          Committee, ongoing additional fine revenue 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 $3 million in 2009.

           COMMENTS  :    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."

          Please see the policy committee for a full discussion of this  
          bill.
           

          Analysis Prepared by  :    Nicole J. Hanson / PUB. S. / (916)  
          319-3744                                               FN:  
          0005180