BILL ANALYSIS AB 2011 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2011 (Arambula) As Amended June 30, 2010 2/3 vote. Urgency ----------------------------------------------------------------- |ASSEMBLY: |74-0 |(April 22, |SENATE: |34-0 |(July 1, 2010) | | | |2010) | | | | ----------------------------------------------------------------- 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. AB 2011 Page 2 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; AB 2011 Page 3 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