BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 545
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          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 








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            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 








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            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.









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          "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 


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