BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SJR 20
                                                                  Page  1

          Date of Hearing:   June 12, 2012
          Counsel:                Sandy Uribe


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                      SJR 20 (Evans) - As Amended: June 6, 2012
           

          SUMMARY  :  Urges Congress to pass Senate Bill No. 1925, the 
          Violence Against Women Reauthorization Act of 2011, and ensure 
          the sustainability of vital programs designed to keep women and 
          families safe from violence.  Specifically,  this resolution  :  

          1)Declares all of the following:

             a)   The Violence Against Women Act (VAWA) was developed with 
               the input of advocates from around the country and from all 
               walks of life, and addresses the real and most important 
               needs of victims of domestic violence, sexual assault, 
               dating violence, and stalking.  VAWA is responsive, 
               streamlined, and constitutionally and fiscally sound, while 
               providing strong accountability measures and appropriate 
               federal government oversight.

             b)   VAWA represents the voices of women and their families, 
               and the voices of victims, survivors, and advocates.

             c)   VAWA was first enacted in 1994, and has been the 
               centerpiece of the federal government's efforts to stamp 
               out domestic and sexual violence.  Critical programs 
               authorized under VAWA include support for victim services, 
               transitional housing, and legal assistance.

             d)   Domestic violence, sexual assault, dating violence, and 
               stalking, once considered private matters to be dealt with 
               behind closed doors, have been brought out of the darkness.

             e)   VAWA has been successful because it has had consistently 
               strong, bipartisan support for nearly two decades.

             f)   The Violence Against Women Reauthorization Act will 
               provide a five-year reauthorization for VAWA programs, and 
               reduce authorized funding levels by more than $144 million, 








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               or 19%, from the law's 2005 authorization.  

             g)   While annual rates of domestic violence have dropped 
               more than 50 percent, domestic violence remains a serious 
               issue.  Every day in the United States, three women are 
               killed by abusive husbands and partners.  In California, in 
               2010, there were 166,361 domestic violence calls, including 
               more than 65,000 that involved a weapon.

             h)    The Violence Against Women Reauthorization Act includes 
               several updates and improvements to the law, including the 
               following:

               i)     An emphasis on the need to effectively respond to 
                 sexual assault crime by adding new purpose areas and a 
                 25% set aside in the STOP (Services, Training, Officers, 
                 and Prosecutors) Violence Against Women Formula Grant 
                 Program (STOP Program) and the Grants to Encourage Arrest 
                 Policies and Enforcement of Protection Orders Program.

               ii)    Improvements in tools to prevent domestic violence 
                 homicides by training law enforcement, victim service 
                 providers, and court personnel to identify and manage 
                 high-risk offenders and connecting high-risk victims to 
                 crisis intervention services.

               iii)   Improvements in responses to the high rate of 
                 violence against women in tribal communities by 
                 strengthening concurrent tribal criminal jurisdiction 
                 over perpetrators who assault Indian spouses and dating 
                 partners in Indian countries.

               iv)    Measures to strengthen housing protections for 
                 victims by applying existing housing protections to nine 
                 additional federal housing programs.

               v)     Measures to promote accountability to ensure that 
                 federal funds are used for their intended purposes.

               vi)    Consolidation of programs and reductions in 
                 authorization levels to address fiscal concerns, and 
                 renewed focus on programs that have been most successful.

               vii)   Technical corrections to update definitions 
                 throughout the law to provide uniformity and continuity.








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             i)   There is a need to maintain services for victims and 
               families at the local, state, and federal levels.  
               Reauthorization would allow existing programs to continue 
               uninterrupted, and would provide for the development of new 
               initiatives to address key areas of concern.  These 
               initiatives include the following:

               i)     Addressing the high rates of domestic violence, 
                 dating violence, and sexual assault among women 16 to 24 
                 years of age, inclusive, of age by combating tolerant 
                 youth attitudes toward violence.

               ii)    Improving the response to sexual assault with best 
                 practices, training, and communication tools for law 
                 enforcement, as well as health care and legal 
                 professionals.

               iii)   Preventing domestic violence homicides through 
                 enhanced training for law enforcement, advocates, and 
                 others who interact with those at risk. A growing number 
                 of experts agree that these homicides are predictable, 
                 and therefore preventable, if we know the warning signs.

          2)Urges Congress to pass the Violence Against Women 
            Reauthorization Act of 2011 and ensure the sustainability of 
            vital programs designed to keep women and families safe from 
            violence.

          3)Requires the Secretary of the Senate to transmit copies of 
            this resolution to the President and Vice President of the 
            United States, to the Speaker of the House of Representatives, 
            to the Majority Leader of the Senate, and to each Senator and 
            Representative from California in the Congress of the United 
            States, and to the author for appropriate distribution.

           EXISTING FEDERAL LAW  :  VAWA was enacted in Congress in 1994 and 
          reenacted in 2000 and 2005.  VAWA was the first comprehensive 
          legislative package that focused on violence against women and 
          their children.  VAWA created new legal tools and grant programs 
          addressing domestic violence, sexual assault, stalking and 
          related issues.  ÝSee generally Violent Crime Control and Law 
          Enforcement Act of 1994, Pub.L. No. 103-322 (Sept. 13, 1994) 108 
          Stat. 1902; Victims of Trafficking and Violence Protection Act 
          of 2000, Pub.L. No. 106-386 (Oct. 28, 2000) 114 Stat. 1464; 








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          Violence Against Women and Department of Justice Reauthorization 
          Act of 2005, Pub.L. No. 109-162 (Jan. 5, 2006) 119 Stat. 2960.]

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, this resolution 
            "SJR 20 encourages Congress to pass the Senate version of 
            Violence Against Women Act (VAWA) reauthorization (S.1925).  
            It is crucial for California's many programs that rely on VAWA 
            funding that it be reauthorized.

          "VAWA, first enacted in 1994, has been the centerpiece of the 
            federal government's efforts to stamp out domestic and sexual 
            violence.  Critical programs authorized under VAWA include 
            support for victim services, transitional housing, and legal 
            assistance.  Over 11.5 million dollars flows into California 
            for peace officer response and training, rape crisis centers, 
            and education to bring awareness to domestic and sexual 
            assaults.

          "VAWA has been successful because it has consistently had strong 
            bipartisan support for nearly two decades.  But, while annual 
            rates have dropped more than 50 percent, domestic violence 
            remains a serious issue.  Every day in the United States, 
            three women are killed by abusive husbands and partners.  In 
            California, there were 166,361 domestic violence calls in 
            2010, including more than 65,000 that involved a weapon."

           2)Argument in Support  :  According to the  American Association of 
            University Women (AAWU) - California Chapter  , "Violence 
            against women has devastating consequences for the victims, 
            their families, and society as a whole.  Domestic violence, 
            dating violence, sexual assault, and stalking are serious 
            crimes and victims deserve access to life-saving services.  
            The Violence Against Women Act, enacted in 1994, is at the 
            core of our nation's response to these insidious and pervasive 
            crimes and creates and supports comprehensive, effective and 
            cost saving responses.  Programs funded by this critical 
            legislation equip law enforcement, prosecutors and judges with 
            the tools they need to hold offenders accountable and keep 
            communities safe while supporting victims.

          "The reauthorization of VAWA gives Congress a unique opportunity 








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            to continue and expand successful programs that further the 
            safety and stability of the lives of survivors of domestic 
            violence.  VAWA programs such as the National Domestic 
            Violence Hotline contribute to the decline in domestic 
            violence.  In recent years the success of these programs has 
            resulted in a growing demand for services, with more victims 
            and their families being referred to agencies every day.  VAWA 
            must be swiftly reauthorized to ensure the continuation of 
            these vital, lifesaving programs and laws.

          "If Congress does not reauthorize and strengthen VAWA, thousands 
            of local communities, law enforcement agencies, prosecutors 
            and victims assistance programs will lose valuable Federal 
            support.   It is critical that the SB 1925 version of VAWA 
            pass.  As explained in the attached from AAUW to 
            Representatives in Congress, the newly introduced H.R. 4970 
            has many fatal flaws as does not provide adequate protections.

          "Without VAWA programs, women and children in California cannot 
            access the services they need to escape from violence.  AAUW 
            California remains strongly committed to positively and 
            effectively advocating ending domestic violence in our 
            communities by funding Violence Against Women Act programs.  
            AAUW California supports efforts to create practical solutions 
            to enhance collaboration between victim service organizations 
            and civil legal assistance providers, as well as to strengthen 
            and improve the response of the criminal justice and legal 
            systems for survivors of domestic violence, dating violence, 
            sexual assault and stalking."

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          American Association of University Women - California
          California Coalition Against Sexual Assault
          California National Organization for Women
          California Partnership to End Domestic Violence
          Junior Leagues of California

           Opposition 
           
          None
           









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          Analysis Prepared by  :    Sandy Uribe / PUB. S. / (916) 319-3744