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