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 30, 2013
Consultant: Jolie Onodera
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)
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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.