BILL ANALYSIS
SB 273
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Date of Hearing: August 19, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
SB 273 (Corbett) - As Amended: August 17, 2009
Policy Committee: HealthVote:16-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill modifies domestic violence statutes to establish
gender neutrality and to ensure men are eligible for services
pursuant to Woods v. Horton (167 Cal. App. 4th 658) in which the
court ruled that language in current law violates the state's
equal protection and anti-discrimination laws by specifying
"women and their children" as domestic violence, which has
resulted in some men being denied services.
FISCAL EFFECT
1)No direct fiscal impact for establishing gender neutrality in
domestic violence service statutes. Unknown program pressures
to the extent this bill increases specific demands for
domestic violence services from men who may currently be
denied services.
2)A recent line-item veto by the governor eliminated all
domestic violence related grant funding provided by the
California Department of Public Health (DPH). Therefore, the
provisions in this bill addressing DPH may no longer be
applicable. However, stakeholders indicate the governor's line
item veto is unconstitutional and may be challenged in court.
In addition, the author indicates the statute needs to be
updated to account for future funding possibilities.
COMMENTS
1) Rationale . This bill amends Health & Safety and Penal
Code sections to reflect the findings of Woods and to
substitute the term "partner" and "victims of domestic
violence" instead of gender-specific terms. In Woods, four men
SB 273
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who were either tax payers or victims of domestic violence and
the daughter of one victim challenged several programs
providing grants for domestic violence service for women and
their children, but not for men and their children. These
programs included a comprehensive shelter-based grant and
another statewide domestic violence program. In addition, the
plaintiffs challenged two programs for inmate mothers. The
court found that domestic violence statutes violated equal
protection clauses and directed DPH and the California Office
of Emergency Services to provide services regardless of
gender.
2) Recent Amendments address chaptering issues, narrow
legislative intent language, and make several departmental
division and office name changes.
3) Background . Estimates of the frequency and demographics
of domestic violence vary. The federal Bureau of Justice
estimates that women are approximately six times more likely
to be victims of domestic violence than men. According to
survey data published by the Centers for Disease Control,
women experience about 4.8 million intimate partner related
physical assaults and rapes each year while men are the
victims of about 2.9 million intimate partner related physical
assaults.
Analysis Prepared by : Mary Ader / APPR. / (916) 319-2081