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
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          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 








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            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