BILL ANALYSIS Ó AB 545 Page 1 Date of Hearing: April 13, 2011 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair AB 545 (John A. Perez) - As Introduced: February 16, 2011 Policy Committee: Public SafetyVote: 7-0 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill adds former fiancés/fiancées and current and former dating relationships to the list of relationships - spouse/former spouse, cohabitant/former cohabitant, mother/father of the offender's child - that constitute felony domestic violence when corporal injury results in a traumatic condition. This offense is a wobbler, punishable by up to 1 year in county jail and/or a fine of up to $6,000, or 2, 3, or 4 years in state prison. FISCAL EFFECT 1)Unknown, moderate annual GF costs for increased state prison commitments. In 2009 and 2010, a combined 3,604 persons were committed to state prison under the section amended by this bill. If the definitional expansion in this bill results in a 1% increase in state commitments, assuming a mid-range term and full sentence credits, annual costs could exceed $1.5 million. The same penalty, however, can be achieved by charging under Penal Code Section 245 (assault with a deadly weapon or force likely to cause bodily injury), which would significantly mitigate, if not eliminate, the cost of new commitments. 2)In addition, however, this section provides for longer state prison sentences for repeat offenses of this section, which would further increase annual costs in the out-years. These costs would likely be in the low hundreds of thousands of dollars, assuming one or two persons were committed as repeat offenders per year. AB 545 Page 2 3)Unknown nonreimbursable local probation costs for programs and treatment, offset to a degree by offender reimbursements. COMMENTS 1)Rationale . The author's intent is to address a perceived inconsistency between the relationships listed in the misdemeanor domestic violence statute, and those listed in the felony statute. According to the author, this bill addresses an inconsistency in domestic violence laws by amending Penal Code Section 273.5 to expand the scope of felony domestic violence to include relationships found in other domestic violence law. "The inclusion of fiancés or fiancées, and current or former dating and engagement partners in Penal Code Section 273.5 will make the felony statute consistent with all other domestic violence laws. It will enable all offenders to be charged with the appropriate crimes and sentenced to the appropriate punishments. And it will allow for more accurate statistical reporting of domestic violence occurrences." 2)Support . Proponents contend the differences between these lists create a discrepancy in with respect to the protection of victims. Proponents contend AB 1360 corrects this problem by expanding the scope of the felony statute to cover the same list of victims as the misdemeanor statute. Due to what proponents consider a discrepancy, a defendant who commits a felony battery on his or her fiancé, or fiancée, or a person with whom the defendant currently has, or had, a dating or engagement relationship, are not subject to the same punishment and treatment requirements other domestic abusers face. For example, if probation is granted, the conditions of probation may include: 1) that the defendant make payments to a battered women's shelter, up to a maximum of five thousand dollars ($5,000); 2) that the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant's offense; 3) enhanced penalties for multiple convictions within a seven-year period; and/or 4) a batterers AB 545 Page 3 treatment program). 3)Opponents , the CA Public Defenders Association do not see current law as flawed, but as a reflection of the differences between dating relationships and cohabitation and/or parenthood. 4)Prior legislation , AB 1360 (J. Perez), 2009, was virtually identical to AB 545, and was held on this committee's Suspense File. Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081