BILL ANALYSIS Ó
AB 16
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Date of Hearing: April 10, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 16 (John A. Perez) - As Introduced: December 3, 2013
Policy Committee: Public Safety
Vote: 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill adds former fiancés/fiancées and current and former
dating relationships to the types of relationships -
spouse/former spouse, cohabitant/former cohabitant,
mother/father of the offender's child - that constitute felony
domestic violence when corporal injury results in a traumatic
condition. This offense is a wobbler, punishable by up to 1 year
in county jail and/or a fine of up to $6,000, or 2, 3, or 4
years in state prison.
FISCAL EFFECT
1)Unknown, likely minor increased GF costs for initial state
prison commitments.
As the underlying felony domestic abuse statute this bill
amends is excluded from the felonies eligible for local
incarceration under 2011 correctional realignment, this bill
could result in unknown, moderate annual GF costs for
increased state prison commitments. In 2011 and 2012, a
combined 3,574 persons were committed to state prison under
the section amended by this bill. If the definitional
expansion in this bill results in a 10% increase in state
commitments, assuming a mid-range term, full sentence credits,
and the average per capita prison cost, annual costs could
exceed $10 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 under
AB 16
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the new section.
2)Unknown, potentially significant increased GF costs for longer
prison terms for recidivists.
The section amended by this bill provides for longer state
prison sentences (2, 4, or 5 years) for repeat offenses of
this section and other specified sections, than under PC 245
(generally 2, 3, or 4 years), which could further increase
annual costs in the out-years. These costs would be in the
range of $3 million for every 100 offenders subsequently
committed under this section who serve six months longer than
they would under PC 245.
3)Unknown nonreimbursable local probation costs for programs and
treatment, offset to a degree by offender reimbursements.
COMMENTS
1)Rationale . The author's intent is to address a perceived
inconsistency between the relationships listed in the
misdemeanor domestic violence statute, and those listed in the
felony statute. According to the author, this bill addresses an
inconsistency in domestic violence laws by amending PC
Section 273.5 to expand the scope of felony domestic
violence to include relationships found in the misdemeanor
domestic violence statute (PC 243.(e)(1)).
"There is no justifiable reason to exclude these offenders
from the felony domestic violence law when they are included
in the misdemeanor domestic violence law. 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."
2)Support . Proponents, including law enforcement and victim
advocates, contend the differences between these lists create
a discrepancy with respect to the protection of victims.
AB 16
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Proponents contend AB 1360 corrects this problem by expanding
the scope of the felony statute to cover the same list of
victims as the misdemeanor statute.
Due to what proponents consider a discrepancy, a defendant who
commits a felony battery on his or her fiancé or fiancée, or a
person with whom the defendant currently has, or had, a dating
or engagement relationship, are not subject to the same
punishment and treatment requirements other domestic abusers
face.
For example, if probation is granted, the conditions of
probation may include: a) that the defendant make payments to
a battered women's shelter, up to a maximum of five thousand
dollars ($5,000); b) that the defendant reimburse the victim
for reasonable costs of counseling and other reasonable
expenses the court finds are the direct result of the
defendant's offense; c) enhanced penalties for multiple
convictions within a seven-year period; and/or d) a batterers
treatment program).
3)Opponents , the CA Public Defenders Association, do not see
current law as flawed, but as a reflection of the differences
between dating relationships and cohabitation and/or
parenthood.
4)Prior legislation. AB 545 (J. Perez), 2012, and AB 1360 (J.
Perez), 2009, were virtually identical to AB 16. Both bills,
which passed off of this committee's Suspense File, were held
in the Senate Public Safety Committee.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081