BILL ANALYSIS Ó
AB 2094
Page 1
ASSEMBLY THIRD READING
AB 2094 (Butler)
As Amended April 24, 2012
Majority vote
PUBLIC SAFETY 6-0
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|Ayes:|Ammiano, Knight, Cedillo, | | |
| |Hagman, Mitchell, Skinner | | |
| | | | |
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SUMMARY : Increases the domestic violence fund fee from a
minimum of $400 to a minimum of $500, and requires the court to
state a reason on the record if it reduces or waives the minimum
fee. Specifically, this bill :
1)Increases the domestic violence fund fee imposed on defendants
granted probation for a crime involving a victim of domestic
violence from a minimum of $400 to a minimum of $500.
2)Requires the court to provide a statement of reason on the
record if it exercises discretion to reduce or waive the fee.
3)Makes a technical, non-substantive change.
EXISTING LAW :
1)Requires certain conditions be imposed when a person found
guilty of a domestic violence-related offense is granted
probation.
2)Requires persons granted probation for a domestic
violence-related offense to make a minimum payment of $400.
If, after a hearing in court on the record, the court finds
that the defendant does not have the ability to pay, the court
may reduce or waive this fee.
3)Provides that two-thirds of the moneys collected from the
domestic violence probation fee shall be retained by the
counties and deposited in the Domestic Violence Programs
Special Fund, and the remainder is transferred to the State
Controller to be deposited in equal amounts in the Domestic
Violence Restraining Order Reimbursement Fund and the Domestic
AB 2094
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Violence Training and Education Fund.
4)Specifies that the conditions of probation may include, in
lieu of a fine, but not in lieu of the fund payment, one or
more of the following requirements:
a) That the defendant make payments to a battered women's
shelter, up to a maximum of $5,000; or,
b) That the defendant reimburse the victim for reasonable
expenses that the court finds are the direct result of the
defendant's offense.
5)Defines "domestic violence" as abuse perpetrated against any
of the following persons:
a) A spouse or former spouse;
b) A cohabitant or former cohabitant, as defined in Family
Code Section 6209;
c) A person with whom the respondent is having or has had a
dating or engagement relationship;
d) A person with whom the respondent has had a child;
e) A child of a party; or,
f) Any other person related by consanguinity or affinity
within the second degree.
6)Provides that 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.
7)Provides for increased incarceration and a maximum fine of
$10,000 for subsequent convictions of the crime of domestic
violence which occur within seven years of a prior conviction
for a domestic violence-related offense.
AB 2094
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8)States that, in addition to any other penalty provided or
imposed under the law, the court shall order the defendant to
pay both a restitution fine and restitution to the victim or
victims, if any.
9)Requires the court to assess an additional
probation-revocation restitution fine in the same amount as
that imposed for the restitution fine. This additional fine
becomes effective upon the revocation of probation, and shall
not be waived or reduced by the court, absent compelling and
extraordinary reasons stated on record. Probation-revocation
restitution fines shall be deposited in the Restitution Fund.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "Currently judges are
allowed to determine whether or not to assess certain fees
against defendants who commit the crime of domestic violence.
One of these fees is used to fund domestic violence programs.
This bill would continue court discretion on waiving certain
fees against defendants, but would require the reasoning for the
waiving of the fees to be put on the record."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0003489