BILL ANALYSIS                                                                                                                                                                                                    Ó




                                          
                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          AB 16 (J.A. Pérez) - Domestic violence: felony expansion.
          
          Amended: June 14, 2013          Policy Vote: Public Safety 7-0
          Urgency: No                     Mandate: Yes
          Hearing Date: August 12, 2013                           
          Consultant: Jolie Onodera       
          
          This bill meets the criteria for referral to the Suspense File.
          

          Bill Summary: AB 16 would expand the scope of felony domestic  
          violence to include acts against fiancés and fiancées, and  
          persons with whom an offender has, or previously had, a dating  
          or engagement relationship, as specified.

          Fiscal Impact: 
              Unknown; potential increase in annual state incarceration  
              costs (General Fund) to the extent the expanded scope of  
              felony domestic violence results in increased state prison  
              commitments. CDCR data indicates 2,265 commitments to state  
              prison in 2012 for felony domestic violence. A ten percent  
              increase would result in additional state incarceration  
              costs of $13.5 million per year, increasing to $20.4 million  
              for overlapping sentences based on a middle term sentence,  
              full sentence credits, and the average per capita prison  
              cost of $60,000. To the extent convictions for assault by  
              any means of force likely to cause great bodily injury  
              (Penal Code (PC) § 245) would otherwise have occurred, would  
              significantly mitigate the potential costs of new  
              commitments under this measure.
              Potentially significant increase in annual state  
              incarceration costs for extended sentences for recidivists  
              (generally longer prison sentences for recidivists under PC  
              § 273.5 than for felony assault under PC § 245). Every 100  
              repeat offenders impacted would result in increased state  
              incarceration costs of $3 million (General Fund) assuming an  
              additional one-year sentence would result in six months  
              served based on full sentence credits and the average per  
              capita prison cost of $60,000. 
              Non-reimbursable local probation costs for programs and  
              treatment, offset to a degree by fine revenue.








          AB 16 (J.A. Pérez)
          Page 1



          Background: Existing law provides that any person who willfully  
          inflicts upon a person who is his or her spouse, former spouse,  
          cohabitant, former cohabitant, or the father or mother of his or  
          her child, corporal injury resulting in a traumatic condition,  
          is guilty of a felony, and upon conviction 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, by a fine of up  
          to $6,000, or by both that fine and imprisonment (PC §  
          273.5(a)).

          To the extent a person is convicted of felony domestic violence  
          under PC § 273.5(a) within seven years of a previous conviction  
          for the same offense or for misdemeanor battery against  
          specified persons, the punishment is imprisonment in state  
          prison for two, four, or five years, or by both imprisonment and  
          a fine of up to $10,000 (PC § 273.5(e)).
           
          If probation is granted, the conditions of probation may  
          include that the defendant make payments to a battered  
          women's shelter up to a maximum of $5,000, that the  
          defendant reimburse the victim for reasonable costs of  
          counseling and other reasonable expenses that the court  
          finds are the direct result of the defendant's offense, and  
          that the defendant participate in a one-year batterer's  
          treatment program.  

          Under existing law, misdemeanor domestic violence pursuant to PC  
          § 243(e) includes the same list of relationships as noted above  
          for felony domestic violence, but also includes a fiancé,  
          fiancée, and persons with whom the defendant has, or previously  
          had, a dating or engagement relationship. 

          As a result of this inconsistency, a defendant who commits a  
          felony battery on his or her fiancé or fiancée or a person with  
          whom the defendant has or previously had a dating or engagement  
          relationship is not subject to the same punishment and treatment  
          requirements that other domestic abusers are subject to upon  
          conviction.

          This bill seeks to establish conformity in domestic violence  
          law, enabling offenders to be charged with the appropriate  
          crimes and sentenced to the appropriate punishment.
                     








          AB 16 (J.A. Pérez)
          Page 2


          Proposed Law: This bill would expand the categories of  
          relationships that constitute felony domestic violence resulting  
          in a traumatic condition to include fiancés and fiancées, and  
          persons with whom an offender has, or previously had, an  
          engagement or dating relationship, as defined in PC §  
          243(f)(10).

          As defined in PC § 243(f)(10), "dating relationship," means  
          frequent, intimate associations primarily characterized by the  
          expectation of affectional or sexual involvement independent of  
          financial considerations.

          Prior Legislation: AB 545 (J.A. Pérez) 2012 and AB 1360 (J.A.  
          Pérez) 2009 were identical to this measure. Both measures were  
          held in the Senate Committee on Public Safety due to its "ROCA"  
          (Receivership/Overcrowding Crisis Aggravation) policy.

          Staff Comments: By expanding the categories of relationships  
          that constitute felony domestic violence as specified above, the  
          provisions of this bill could result in ongoing increased state  
          incarceration costs, the magnitude of which will be dependent on  
          the number of new convictions based on the expanded criteria,  
          the actions of prosecuting attorneys, and the sentencing  
          decisions made at the discretion of the court. 

          Based on CDCR data for 2012, there were 2,265 commitments to  
          state prison under PC § 273.5 for convictions for felony  
          domestic violence. It is unknown to what degree the provisions  
          of this bill will impact commitments to state prison under PC §  
          273.5, but a ten percent increase would result in additional  
          state incarceration costs of $13.5 million per year, increasing  
          to $20.4 million for overlapping sentences based on a middle  
          term sentence, full sentence credits, and the average per capita  
          prison cost of $60,000. To the extent convictions for assault by  
          any means of force likely to cause great bodily injury (PC §  
          245), which carries the same prison sentencing triad of two,  
          three, or four years, would otherwise have occurred in the  
          absence of this measure, would significantly mitigate the  
          potential costs of new commitments under this measure.

          Staff notes that arrest data from the Department of Justice  
          reflects over 51,500 felony arrests in 2012 under PC § 273.5,  
          however it is unknown how many of the total arrests were  
          attributable to fiancés, fiancées, or dating/engagement  








          AB 16 (J.A. Pérez)
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          relationships, or the final disposition of those arrests  
          potentially to convictions under felony assault (PC § 245) or  
          misdemeanor domestic violence (PC § 243(e)).

          To the extent a person is convicted of felony domestic violence  
          within seven years of a previous conviction for the same offense  
          or for misdemeanor battery against specified persons, the  
          punishment is imprisonment in state prison for two, four, or  
          five years, or by both imprisonment and a fine of up to $10,000.  
          Because the sentence for repeat offenders of felony assault (PC  
          § 245) is generally two, three, or four years, the provisions of  
          this bill could result in increased General Fund costs for  
          longer state prison terms for recidivists. It is unknown how  
          many recidivists will be impacted by the provisions of this  
          measure, but every 100 repeat offenders impacted would result in  
          increased state incarceration costs of $3 million (General Fund)  
          assuming an additional one-year sentence would result in six  
          months served based on full sentence credit and the average per  
          capita prison cost of $60,000.
           
          California's prison system continues to operate under federal  
          oversight as it addresses the issues of prison overcrowding and  
          constitutionally adequate health care in its 33 facilities. On  
          January 7, 2013, the state requested the court vacate or modify  
          its order requiring the state to reduce the inmate population.  
          The three-judge panel did not issue judgment on whether to  
          vacate the population limit but issued an order extending the  
          deadline for meeting the population limit from June to December  
          2013. On June 20, 2013, the three-judge panel ordered the state  
          to immediately take all steps necessary to implement the  
          measures in its "Amended Plan," as specified, notwithstanding  
          any state or local laws or regulations to the contrary, and, in  
          any event, to reduce the prison population to 137.5 percent of  
          design capacity by December 31, 2013, through the specific  
          measures contained in that plan, through the release of  
          prisoners from the Low-Risk List, or through the substitution of  
          prisoners due to other measures approved by the court.

          While this bill independently may not impact the prison  
          population significantly, considered collectively with all  
          pending legislative proposals potentially exacerbating prison  
          overcrowding, the effect of any future increases to the prison  
          population creates significant General Fund cost pressure to the  
          extent additional prison population growth potentially requires  








          AB 16 (J.A. Pérez)
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          the state to utilize additional contract beds, out-of-state  
          facilities, or capital outlay in order to comply with the  
          court-ordered population limit.