BILL ANALYSIS SB 273 Page 1 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 Page 2 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