BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 273|
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THIRD READING
Bill No: SB 273
Author: Corbett (D), et al
Amended: 5/22/09
Vote: 21
SENATE HEALTH COMMITTEE : 11-0, 4/29/09
AYES: Alquist, Strickland, Aanestad, Cedillo, Cox,
DeSaulnier, Leno, Maldonado, Negrete McLeod, Pavley, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Domestic violence
SOURCE : California Partnership to End Domestic Violence
DIGEST : This bill changes the definition of domestic
violence in the comprehensive shelter-based service program
administered by the Maternal and Child Branch in the
Department of Public Health (DPH) to extend services to
males and makes the program subject to specified
anti-discrimination provisions. This bill also changes the
definition of domestic violence in the statewide domestic
violence program administered by the California Emergency
Management Association (CalEMA) to extend services to
males.
ANALYSIS : Existing law:
1.Requires the Maternal and Child Health Branch of the
State Department of DPH to administer a comprehensive
CONTINUED
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shelter-based services grant program to battered women's
shelters for emergency shelter, transitional housing
programs, legal and other types of advocacy and
representation, and other support services for battered
women and their children.
2.Requires the Office of Emergency Services to administer a
comprehensive statewide domestic violence program to
provide local assistance to existing service providers,
to maintain and expand services based on a demonstrated
need, and to establish a targeted or directed program for
the development and establishment of domestic violence
services in currently unserved and underserved areas.
3.Defines domestic violence as the infliction or threat of
physical harm against past or present adult or adolescent
female intimate partners, which includes physical,
sexual, and psychological abuse against the woman, and is
a part of a pattern of assaultive, coercive, and
controlling behaviors directed at achieving compliance
from, or control over, that woman.
4.Defines shelter-based services as an established system
of services where battered women and their children may
be provided safe or confidential emergency housing on a
24-hour basis, including, but not limited to, hotel or
motel arrangements, haven, and safe houses.
5.Defines emergency shelter as a confidential or safe
location that provides emergency housing on a 24-hour
basis for battered women and their children.
This bill:
1.Defines domestic violence as the infliction or threat of
physical harm against past or present adult or adolescent
intimate partners, which includes physical, sexual, and
psychological abuse against the partner, and is a part of
a pattern of assaultive, coercive, and controlling
behaviors directed at achieving compliance from, or
control over, that partner.
2.Defines shelter-based as an established system of
services where victims of domestic violence and their
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children may be provided safe or confidential emergency
housing on a 24-hour basis, including, but not limited
to, hotel or motel arrangements, haven, and safe houses.
3.Defines emergency shelter as a confidential or safe
location that provides emergency housing on a 24-hour
basis for victims of domestic violence and their
children.
4.Requires the DPH's comprehensive shelter-based services
grant program for battered women's shelters to comport
with specified anti-discrimination requirements. These
requirements include, but are not limited to the
requirement that no person in the State of California
shall, on the basis of race, national origin, ethnic
group identification, religion, age, sex, sexual
orientation, color, or disability be unlawfully denied
full and equal access to the benefits of, or be
unlawfully subjected to, discrimination under any program
or activity that is conducted, operated, or administered
by the state or by any state agency, is funded directly
by the state, or receives any financial assistance from
the state.
Background
As reported in a 2003 California Research Bureau (CRB)
report entitled, "California County Approaches to Domestic
Violence," intimate partner violence in the United States
is a serious social problem. Based on survey data from the
National Institute of Justice, 5.3 million intimate partner
violence victimizations occur among U.S. women ages 18 and
older each year. This violence results in nearly two
million injuries, more than 550,000 of which require
medical attention. In addition, intimate partner violence
victims lose a total of nearly 8 million days of paid work,
the equivalent of more than 32,000 full-time jobs, and
nearly 5.6 million days of household productivity as a
result of the violence.
The report asserts that although domestic violence has
existed throughout history, efforts to control and
discourage it are relatively recent. In the 1980s,
domestic violence and abuse of one's marriage partner were
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made criminal acts. These laws were later expanded to
include violence against a cohabitant, dating partner, or
former partner.
According to a 2002 CRB report entitled, "The Prevalence of
Domestic Violence in California," victims of domestic
violence come from all socioeconomic classes and ethnic
groups, although the poor probably suffer most. A
disproportionate number of persons in domestic violence
shelters are persons who have children, limited education,
no insurance, and are unemployed. Often they depend on
their spouses for the day-to-day necessities and do not
have the resources to leave or support themselves and their
children. Children suffer deep and lasting emotional
problems and may continue the violent cycle by abusing
their partners. Family violence contributes to many
social, educational, and health problems in the United
States.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/21/09)
California Partnership to End Domestic Violence (source)
American Federation of State, County and Municipal
Employees
California Catholic Conference
Domestic Violence Practicum, Berkeley School of Law,
Interval House
Lake Family Resource Center
Laura's House
Los Angeles County District Attorney's Office
Marjaree Mason Center
National Coalition for Men, San Diego Chapter
Option House
Planned Parenthood Affiliates of California
Rainbow Services
Sojourn
Su Casa - Ending Domestic Violence
Tri-Valley Haven
University of California at Berkeley
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ARGUMENTS IN SUPPORT : Supporters state that this bill
would require existing state-funded battered women's
shelters to provide services to all victims of domestic
violence, regardless of gender. Supporters also state that
while at least 85 percent of battered women's shelter
programs provide services to both men and women, this bill
will ensure that state funding will be used to provide
critical services to all victims, regardless of gender.
The American Federation of State, County and Municipal
Employees (AFSCME) states that while women are victims of
domestic violence at a higher rate than men, domestic
violence is committed upon men even though it is not widely
discussed in society. AFSCME contends that an important
consequence of SB 273 is that all shelters funded by the
department will provide services to domestic violence
victims, regardless of gender.
The National Coalition for Men, San Diego Chapter, writes
that while it is in support, the bill's findings fail to
grasp the true nature of the serious problems caused by
wrongful gender biased beliefs and resulting
discrimination.
CTW:nl 5/21/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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