BILL ANALYSIS Ó AB 545 Page 1 ASSEMBLY THIRD READING AB 545 (John A. Pérez) As Introduced February 16, 2011 Majority vote PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Fuentes, Harkey, | | |Hagman, Hill, Mitchell, | |Blumenfield, Bradford, | | |Skinner | |Charles Calderon, Campos, | | | | |Davis, Donnelly, Gatto, | | | | |Hall, Hill, Lara, | | | | |Mitchell, Nielsen, Norby, | | | | |Solorio, Wagner | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Expands the categories of relationships that constitute felony domestic violence resulting in a traumatic condition to include former fiancés and fiancées, as well as current and former dating relationships. EXISTING LAW : 1)Provides any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to $6,000 or by both that fine and imprisonment. 2)States that holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this section. 3)Defines a "traumatic condition" a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by a physical force. 4)Provides that for the purpose of this section, a person shall be considered the father or mother of another person's child AB 545 Page 2 if the alleged male parent is presumed the natural father under specified provisions of the California Family Code. 5)Provides that any person convicted of violating this section for acts occurring within seven years of a specified related previous conviction shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment in the state prison for two, four, or five years, or by both imprisonment and a fine of up to $10,000. 6)States that any person convicted of a violation of this section for acts occurring within seven years of a previous conviction of this section shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to $10,000, or by both that imprisonment and fine. FISCAL EFFECT : According to the Assembly Appropriations Committee: 1)Unknown, moderate annual General Fund cost 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. 3)Unknown nonreimbursable local probation costs for program and AB 545 Page 3 treatment, offset to a degree by offender reimbursements. COMMENTS : According to the author, "AB 1360 seeks to eliminate an inconsistency in domestic violence laws by amending Penal Code Section 273.5 to expand the scope of felony domestic violence victims to include relationships found in other domestic violence laws. "Specifically, this bill adds to the list of persons who can be charged with felony domestic violence a defendant who is a fiancé or fiancée, or a person with whom he or she currently has, or previously had, a dating or engagement relationship. "The prevalence of domestic violence has been an increasingly important focus of the Legislature and law enforcement as California has witnessed rates of domestic violence increase. In order to adequately respond to cases of domestic violence, state laws must be consistent with respect to who qualifies for this crime. "The exclusion of these relationships makes felony domestic violence statute inconsistent with the other domestic violence laws with respect to who may qualify for that crime. Under current law, the list of individuals covered by California's misdemeanor domestic violence law (Penal Code Section 243(e )(l)) is significantly broader that the individuals covered by our felony domestic violence law (Penal Code Section 273.5). "Because of this loophole, a defendant who commits a felony battery on his or her fiancé or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship is not subject to the same punishments and treatment requirements that other domestic abusers are subject to upon conviction. For example, if probation is granted, the conditions of probation may include: (1) payments to a battered woman's shelter, up to a maximum of five thousand dollars ($5,000), pursuant to Penal Code Section 1203.097 and/or (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; enhanced penalties for multiple convicts within a 7 year period; and the requirement that an individual participate in an one-year batterers treatment program. AB 545 Page 4 "State law requires that domestic violence laws track annual deaths when the deceased was a current or former spouse, current or former fiancé or fiancée, or a current or former dating partner (Penal Code Section 11163.6). This discrepancy in the felony domestic violence statute impacts the reporting domestic violence cases. By not including the same relationships in Penal Code Section 273.5 that are used in annual reporting, the state relies on inaccurate domestic violence statistics. "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." Please see the policy committee for a full discussion of this bill. Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0000900