BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 16
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 16 (John A. Pérez)
          As Amended  June 14, 2013
          Majority vote
           
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          |ASSEMBLY:  |78-0 |(May 30, 2013)  |SENATE: |39-0 |(September 9.  |
          |           |     |                |        |     |2013)          |
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           Original Committee Reference:    PUB. S.  
           
          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.   

           The Senate amendments  specify that "dating relationship" means  
          frequent, intimate associations primarily characterized by the  
          expectation of affectional or sexual involvement independent of  
          financial considerations.

           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.  








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          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 Senate Appropriations  
          Committee:

          1)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.  California Department of Corrections and  
            Rehabilitation (CDCR) data indicates 2,265 commitments to  
            state prison in 2012 for felony domestic violence.  A 10%  
            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 Section  
            245) would otherwise have occurred, would significantly  
            mitigate the potential costs of new commitments under this  
            measure.

          2)Potentially significant increase in annual state incarceration  
            costs for extended sentences for recidivists (generally longer  
            prison sentences for recidivists under Penal Code Section  
            273.5 than for felony assault under Penal Code Section 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  








                                                                  AB 16
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            per capita prison cost of $60,000. 

          3)Non-reimbursable local probation costs for programs and  
            treatment, offset to a degree by fine revenue.

           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.

          "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  








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          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 


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