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, SJR 20 Page 2 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. SJR 20 Page 3 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; SJR 20 Page 4 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 SJR 20 Page 5 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 SJR 20 Page 6 Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744