BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 16
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 16 (John A. Pérez)
          As Introduced  December 3, 2012
          Majority vote 

           PUBLIC SAFETY       7-0         APPROPRIATIONS      17-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Ammiano, Melendez,        |Ayes:|Gatto, Harkey, Bigelow,   |
          |     |Jones-Sawyer, Mitchell,   |     |Bocanegra, Bradford, Ian  |
          |     |Quirk, Skinner, Waldron   |     |Calderon, Campos,         |
          |     |                          |     |Donnelly, Eggman, Gomez,  |
          |     |                          |     |Hall, Ammiano, Linder,    |
          |     |                          |     |Pan, Quirk, Wagner, Weber |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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  
            if the alleged male parent is presumed the natural father  
            under specified provisions of the California Family Code.  








                                                                  AB 16
                                                                  Page  2



          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, likely minor increased General Fund (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  
            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 (two, four, or five years) for repeat  
            offenses of this section and other specified sections, than  








                                                                  AB 16
                                                                  Page  3


            under Penal Code Section 245 (generally two, three, or four  
            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  
            Penal Code Section 245.   

           COMMENTS  :  According to the author, "AB 16 eliminates an  
          inconsistency in domestic violence laws by amending Penal Code  
          Section 273.5 to expand the scope of felony domestic violence  
          victims to conform to all other domestic violence laws.  Under  
          current law, the list of individuals that qualify to be charged  
          with misdemeanor domestic violence is significantly broader that  
          the individuals that qualify to be charged with felony domestic  
          violence.  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.  

          "Because of this loophole, a person who commits a felony  
          domestic violence 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 charged and sentenced  
          appropriately.  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;  
          reimbursements to 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.

          "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.









                                                                  AB 16
                                                                  Page  4


          "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."

          Please see the policy committee analysis for a full discussion  
          of this bill.
           

          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916)  
          319-3744 


                                                                FN: 0000755