Amended in Senate June 24, 2013

Amended in Senate June 13, 2013

Amended in Senate June 12, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 81

Introduced by Committee on Budget (Blumenfield (Chair), Bloom, Bonilla, Campos, Chesbro, Daly, Dickinson, Gordon, Jones-Sawyer, Mitchell, Mullin, Muratsuchi, Nazarian, Skinner, Stone, and Ting)

January 10, 2013

An act to amend Sections begin delete 29552, 30027.9, 30061, and 30070 of the Government Code, to amend Sections 1170, 1203.2, 3000.08, 3003, 3451, and 13821 of, to amend and repeal Section 326.3 of, and to add Sections 4019.1 and 5003.2 to, the Penal Code, and to amend Sections 1955, 1984, 18220, and 18220.1 of the Welfare and Institutions Code, relating to public safety, and making an appropriation therefor, to take effect immediately, bill related to the budget end delete begin insert 13701, 13710, and 13730 of the Penal Code, relating to domestic abuse, and declaring the urgency thereof, to take effect immediately end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 81, as amended, Committee on Budget. Public begin delete safety. end delete begin insert safety: domestic abuse. end insert

begin insert

Existing law, as amended by SB 71 of the 2012-13 Regular Session, authorizes every law enforcement agency in the state to develop, adopt, and implement written policies and standards for officers, responses to domestic violence calls, as specified. Existing law, as amended by SB 71 of the 2012-13 Regular Session, also authorizes law enforcement agencies to maintain a complete and systemic record of all protection orders with respect to domestic violence incidents and to develop a system for recording all domestic violence-related calls for assistance, including whether weapons were involved.

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This bill would provide that, if SB 71 of the 2012-13 Regular Session is enacted and becomes operative, these provisions are mandatory for law enforcement agencies. By expanding the duties of local law enforcement agencies, this bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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This bill would declare that it is to take effect immediately as an urgency statute.

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(1) Existing law establishes in the State Treasury the Local Revenue Fund 2011, a continuously appropriated fund, and requires that its funds be allocated exclusively for public safety services, as defined. Existing law further establishes the Law Enforcement Services Account within that fund, and creates the Enhancing Law Enforcement Activities Subaccount and the Juvenile Justice Subaccount within the Law Enforcement Services Account.

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Existing law, commencing with the 2012-13 fiscal year, allocates specified funds from the Enhancing Law Enforcement Activities Subaccount to local governments, including to cities and counties that charge fees to a city, special district, community college district, college, or university for the booking or detention of a person arrested and brought to a detention facility of the city or county, as specified. Existing law also allocates certain percentages of the moneys deposited in the subaccount as follows: 3.78% to county sheriffs’ departments to enhance law enforcement efforts in specified counties; 8.35% for use by the California Multi-Jurisdictional Methamphetamine Enforcement Teams, Multi-Agency Gang Enforcement Consortium, Sexual Assault Felony Enforcement Teams, High Technology Theft Apprehension and Prosecution Program, Gang Violence Suppression Program, and the Central Valley and Central Coast Rural Crime Prevention Programs, as specified; 30.99% to specified counties to serve children who are habitual truants, runaways, at risk of being wards of the court, or under juvenile court supervision or supervision of the probation department, as prescribed; and 6.01% to counties that operate juvenile camps and ranches, based on the number of beds in each camp.

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Existing law requires each county to establish in the county treasury a Supplemental Law Enforcement Services Account for the receipt of all amounts allocated to a county for specified local law enforcement purposes, including jail construction and operation, criminal prosecution, and juvenile justice plans. Existing law requires the Controller to allocate funds to local jurisdictions for these purposes as annually calculated by the Director of Finance.

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Existing law establishes the Youthful Offender Block Grant Special Account in the Juvenile Justice Subaccount, and requires that allocations from that account be used to enhance the capacity of county departments to provide appropriate rehabilitative and supervision services to youthful offenders. Existing law requires that these funds be allocated in 4 equal installments, to be paid in September, December, March, and June, pursuant to a specified formula.

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Existing law establishes the Juvenile Reentry Grant Special Account in the Juvenile Justice Subaccount and requires that its funds be allocated for the purpose of providing for the local supervision of persons discharged from the custody of the Division of Juvenile Facilities. Existing law requires that the amount allocated to each county probation department from that account be distributed in 2 equal payments to be paid on October 30 and May 30 of each fiscal year pursuant to specified criteria.

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This bill would require the Controller to allocate funds from the above-described accounts for those same purposes and in the same amounts, but would require that the allocations be made in monthly installments.

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(2) Existing law establishes the Law Enforcement Services Growth Subaccount within the Local Revenue Fund 2011 in the State Treasury. Existing law requires the Controller, in the 2012-13 fiscal year, to allocate funds from the Law Enforcement Services Growth Subaccount to specified accounts relating to criminal justice.

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This bill would instead require the Controller to make those allocations commencing with the 2012-13 fiscal year.

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(3) The California Constitution allows the Legislature, by statute, to authorize cities and counties to provide for bingo games for charitable purposes. Existing law authorizes cities and counties to permit eligible nonprofit organizations to conduct bingo games and remote caller bingo games, as defined, for charitable purposes pursuant to an ordinance that allows those games to be conducted in accordance with specified requirements. Existing law requires the California Gambling Control Commission to regulate remote caller bingo, including licensure and operation. Existing law requires any person who conducts a remote caller bingo game to be licensed. Existing law requires the commission to approve all equipment used for remote caller bingo in advance, to monitor operation of the transmission and other equipment used for remote caller bingo, and to monitor the game. Existing law requires the Department of Justice to conduct background investigations and conduct field enforcement as it relates to remote caller bingo consistent with existing law and as specified in regulations promulgated by the commission.

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Existing law and the Governor’s Reorganization Plan No. 2 of 2012 (GRP 2), effective on July 3, 2012, and operative on July 1, 2013, consolidates the support, investigatory, auditing, and compliance functions of the California Gambling Control Commission and transfers these duties to the Department of Justice. The commission retains jurisdiction over the licensing, policies, regulations, criteria, and standards pertaining to gaming.

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This bill would additionally require the licensure of any person who contracts to conduct remote caller bingo on behalf of an authorized organization or who is identified as having fiduciary responsibility of the game. The bill would establish an annual licensing fee in an amount determined by the department, not to exceed the reasonable regulatory costs to the department and in accordance with regulations adopted by the department. The bill would require that prior to the adoption of regulations, the nonrefundable license fee would be the amount of the reasonable regulatory costs to the department not to exceed $3,000, for any person or entity that directly or indirectly manufactures, distributes, supplies, vends, leases, or otherwise provides supplies, devices, services, or other equipment designed for use in the playing of a remote caller bingo game by any nonprofit organization. The bill would require the department to conduct any background investigation related to remote caller bingo in accordance with existing law and as specified in regulations promulgated by the commission or the department.

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This bill would reallocate additional functions among the commission and the department with regard to remote caller bingo. The bill would require a remote caller bingo site, for each participating remote caller bingo site, to notify the department and local law enforcement of its intent to conduct a game, rather than the commission. The bill would require all equipment used for remote caller bingo to be certified as compliant with specified regulations by a manufacturing expert recognized by the department. The bill would require equipment certifications to be submitted to the department prior to the equipment’s use. The bill would also authorize the department, rather than the commission, to monitor the operation of the transmission and other equipment used for remote caller bingo, and to monitor the game. The bill would transfer the auditing functions of the commission to the department, as those functions relate to remote caller bingo. The bill would also make various technical, nonsubstantive conforming changes to further reflect GRP 2.

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Existing law authorizes certain loans from the Gambling Control Fund to the California Bingo Fund to fund operating, personnel, and other startup costs incurred by the commission related to remote caller bingo. Existing law requires these loans to be repaid no later than 5 years after the date of the loan. Existing law requires that funds from the California Bingo Fund be available to the commission upon appropriation by the Legislature in the annual Budget Act. Existing law also authorizes the commission to assess and collect reasonable fees and deposits as necessary to defray the costs of regulation and oversight.

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This bill would require the previously described loans to the California Bingo Fund to be repaid by July 1, 2019. The bill would require funds from the California Bingo Fund be available to both the commission and the department upon appropriation by the Legislature in the annual Budget Act. The bill would additionally authorize the department to assess and collect reasonable fees and deposits to defray the costs of regulation and oversight.

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This bill would make these provisions inoperative on July 1, 2016, and would repeal the remote caller bingo program as of January 1, 2017.

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(4) Existing law defines a felony as a crime that is punishable by death, imprisonment in the state prison, or imprisonment in a county jail for a term greater than one year, as specified. Existing law also provides exceptions to imprisonment in a county jail for a variety of felonies, including serious or violent felonies and any felony for which registration as a sex offender is required, among other exceptions.

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Existing law provides that, when a court commits a person to county jail for a felony, the portion of a defendant’s sentenced term during which time he or she is supervised by the county probation officer is known as mandatory supervision.

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This bill would specify that mandatory supervision begins upon release from custody. By increasing the duties of county probation officers, the bill would impose a state-mandated local program.

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(5) Existing law generally requires that all persons released from prison on and after October 1, 2011, after serving a prison term for a felony, be subject to postrelease community supervision provided by a county agency for a period of 3 years immediately following release, except for persons released after serving a term for a serious felony, a violent felony, an offense for which the person was sentenced pursuant to the “Three Strikes” law, a crime where the person is classified as a high-risk sex offender, or a crime where the person is required to undergo treatment by the State Department of State Hospitals because the person has a severe mental disorder. Existing law requires these persons to be subject to parole supervision by the Department of Corrections and Rehabilitation following release from state prison and the jurisdiction of the court in the county in which the parolee is released or resides for the purpose of hearing petitions to revoke parole and impose a term of custody.

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This bill would require persons subject to parole supervision to additionally be subject to the jurisdiction of the court in the county in which the alleged violation of supervision occurred for the purpose of hearing petitions to revoke parole and impose a term of custody. The bill would make conforming changes.

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This bill would also require a person released to parole to remain on parole after having served 60 days on parole, regardless of a subsequent determination that the person should have been released to postrelease community supervision. The bill would likewise require a person released to postrelease community supervision to remain on postrelease community supervision after having served 60 days on postrelease community supervision, regardless of a subsequent determination that the person should have been released to parole.

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By requiring county agencies to supervise persons on postrelease community supervision who should have been released to parole, this bill would impose a state-mandated local program.

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(6) Existing law provides for postrelease community supervision by county officials for persons convicted of certain specified felonies upon release from the state prison or a county jail. Existing law requires the Department of Corrections and Rehabilitation to release prescribed information to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease supervision, including the inmate’s name, contact information, description, and the offense or offenses for which the inmate was incarcerated.

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This bill would require the department to electronically transmit to the county agency responsible for postrelease community supervision the inmate’s tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the purpose of identifying the medical and mental health needs of the individual. The bill would require the information to be transferred in conformity with specified federal laws, including the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). Operation of the bill would be conditional on the Secretary of the United States Department of Health and Human Services, or his or her designee, determining that this provision is not preempted by HIPAA.

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(7) Under existing law, when a prisoner is confined to county jail, an industrial farm, or a road camp, for each 4-day period in which he or she is confined, he or she may have one day or 2 days deducted from his or her period of confinement, as specified. Existing law allows any inmate sentenced to a county jail assigned to a conservation camp by a sheriff and who is eligible to earn one day of credit for every one day of incarceration to earn 2 days of credit for every one day of service. Existing law allows any inmate who has completed training for assignment to a conservation camp or to a state or county facility as an inmate firefighter or who is assigned to a county or state correctional institution as an inmate firefighter and who is eligible to earn one day of credit for every one day of incarceration to instead earn 2 days of credit for every one day served in that assignment or after completing that training.

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This bill would instead allow the sheriff or county director of corrections to award one and a half days credit for every day of incarceration to any inmate sentenced to the county jail who participates in an in custody work or job training program other than those specified above.

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(8) Existing law establishes the Department of Corrections and Rehabilitation, which has jurisdiction over state prisons and parole of offenders released from state prisons.

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This bill would require, except in prescribed emergencies, the Secretary of the Department of Corrections and Rehabilitation, or his or her designee, to provide written notification to any county impacted by the opening, closure, or change of location of any reception center that accepts prisoners from county facilities or a parole office and would require this notice to be sent to the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California.

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(9) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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(10) The bill would appropriate $2,000 from the California Bingo Fund to the Gambling Control Commission for the purpose of supporting workload associated with the licensing of remote caller bingo vendors, as provided.

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(11) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation:  begin delete yes end delete begin insert no end insert . Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 13701 of the end insert begin insert Penal Code end insert begin insert , as amended by
Section 47 of Senate Bill 71 of the 2012- end insert begin insert 13 Regular Session, is
amended to read: end insert

13701.  

(a)  begin delete As a best practice, every end delete begin insert Every end insert law enforcement
agency in this state begin delete may end delete begin insert shall end insert develop, adopt, and implement
written policies and standards for officers’ responses to domestic
violence calls by January 1, 1986. These policies begin delete may end delete begin insert shall end insert reflect
that domestic violence is alleged criminal conduct. Further, they
begin delete may end delete begin insert shall end insert reflect existing policy that a request for assistance in a
situation involving domestic violence is the same as any other
request for assistance where violence has occurred.

(b)  begin delete As a best practice, the end delete begin insert The end insert written policies begin delete may end delete begin insert shall end insert
encourage the arrest of domestic violence offenders if there is
probable cause that an offense has been committed. These policies
also begin delete may end delete begin insert shall end insert require the arrest of an offender, absent exigent
circumstances, if there is probable cause that a protective order
issued under Chapter 4 (commencing with Section 2040) of Part
1 of Division 6, Division 10 (commencing with Section 6200), or
Chapter 6 (commencing with Section 7700) of Part 3 of Division
12, of the Family Code, or Section 136.2 of this code, or by a court
of any other state, a commonwealth, territory, or insular possession
subject to the jurisdiction of the United States, a military tribunal,
or a tribe has been violated. These policies begin delete may end delete begin insert shall end insert discourage,
when appropriate, but not prohibit, dual arrests. Peace officers
begin delete may end delete begin insert shall end insert make reasonable efforts to identify the dominant
aggressor in any incident. The dominant aggressor is the person
determined to be the most significant, rather than the first,
aggressor. In identifying the dominant aggressor, an officer begin delete may end delete
begin insert shall end insert consider the intent of the law to protect victims of domestic
violence from continuing abuse, the threats creating fear of physical
injury, the history of domestic violence between the persons
involved, and whether either person acted in self-defense. These
arrest policies begin delete may end delete begin insert shall end insert be developed, adopted, and implemented
by July 1, 1996. Notwithstanding subdivision (d), law enforcement
agencies begin delete may end delete begin insert shall end insert develop these policies with the input of local
domestic violence agencies.

(c)  begin delete As a best practice, these end delete begin insert These end insert existing local policies and
those developed begin delete may end delete begin insert shall end insert be in writing begin delete and, if developed, end delete begin insert and end insert
shall be available to the public upon request and begin delete may end delete begin insert shall end insert include
specific standards for the following:

(1) Felony arrests.

(2) Misdemeanor arrests.

(3) Use of citizen arrests.

(4) Verification and enforcement of temporary restraining orders
when (A) the suspect is present and (B) the suspect has fled.

(5) Verification and enforcement of stay-away orders.

(6) Cite and release policies.

(7) Emergency assistance to victims, such as medical care,
transportation to a shelter, or a hospital for treatment when
necessary, and police standbys for removing personal property
and assistance in safe passage out of the victim’s residence.

(8) Assisting victims in pursuing criminal options, such as giving
the victim the report number and directing the victim to the proper
investigation unit.

(9) Furnishing written notice to victims at the scene, including,
but not limited to, all of the following information:

(A) A statement informing the victim that despite official
restraint of the person alleged to have committed domestic
violence, the restrained person may be released at any time.

(B) A statement that, “For further information about a shelter
you may contact ____.”

(C) A statement that, “For information about other services in
the community, where available, you may contact ____.”

(D) A statement that, “For information about the California
victims’ compensation program, you may contact 1-800-777-9229.”

(E) A statement informing the victim of domestic violence that
he or she may ask the district attorney to file a criminal complaint.

(F) A statement informing the victim of the right to go to the
superior court and file a petition requesting any of the following
orders for relief:

(i) An order restraining the attacker from abusing the victim
and other family members.

(ii) An order directing the attacker to leave the household.

(iii) An order preventing the attacker from entering the
residence, school, business, or place of employment of the victim.

(iv) An order awarding the victim or the other parent custody
of or visitation with a minor child or children.

(v) An order restraining the attacker from molesting or
interfering with minor children in the custody of the victim.

(vi) An order directing the party not granted custody to pay
support of minor children, if that party has a legal obligation to do
so.

(vii) An order directing the defendant to make specified debit
payments coming due while the order is in effect.

(viii) An order directing that either or both parties participate
in counseling.

(G) A statement informing the victim of the right to file a civil
suit for losses suffered as a result of the abuse, including medical
expenses, loss of earnings, and other expenses for injuries sustained
and damage to property, and any other related expenses incurred
by the victim or any agency that shelters the victim.

(H) In the case of an alleged violation of subdivision (e) of
Section 243 or Section 261, 261.5, 262, 273.5, 286, 288a, or 289,
a “Victims of Domestic Violence” card which shall include, but
is not limited to, the following information:

(i) The names and phone numbers of or local county hotlines
for, or both the phone numbers of and local county hotlines for,
local shelters for battered women and rape victim counseling
centers within the county, including those centers specified in
Section 13837, and their 24-hour counseling service telephone
numbers.

(ii) A simple statement on the proper procedures for a victim
to follow after a sexual assault.

(iii) A statement that sexual assault by a person who is known
to the victim, including sexual assault by a person who is the
spouse of the victim, is a crime.

(iv) A statement that domestic violence or assault by a person
who is known to the victim, including domestic violence or assault
by a person who is the spouse of the victim, is a crime.

(10) Writing of reports.

(d) In the development of these policies and standards, each
local department is encouraged to consult with domestic violence
experts, such as the staff of the local shelter for battered women
and their children. Departments may utilize the response guidelines
developed by the commission in developing local policies.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 13710 of the end insert begin insert Penal Code end insert begin insert , as amended by
Section 48 of Senate Bill 71 of the 2012-13 Regular Session, is
amended to read: end insert

13710.  

(a) (1)  begin delete As a best practice, law end delete begin insert Law end insert enforcement
agencies begin delete may end delete begin insert shall end insert maintain a complete and systematic record of
all protection orders with respect to domestic violence incidents,
including orders which have not yet been served, issued pursuant
to Section 136.2, restraining orders, and proofs of service in effect.
This begin delete may end delete begin insert shall end insert be used to inform law enforcement officers
responding to domestic violence calls of the existence, terms, and
effective dates of protection orders in effect.

(2) The police department of a community college or school
district described in subdivision (a) or (b) of Section 830.32 shall
notify the sheriff or police chief of the city in whose jurisdiction
the department is located of any protection order served by the
department pursuant to this section.

(b) The terms and conditions of the protection order remain
enforceable, notwithstanding the acts of the parties, and may be
changed only by order of the court.

(c) Upon request, law enforcement agencies shall serve the party
to be restrained at the scene of a domestic violence incident or at
any time the party is in custody.

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begin insert SEC. 3. end insert   

end insert

begin insert Section 13730 of the end insert begin insert Penal Code end insert begin insert , as amended by
Section 49 of Senate Bill 71 of the 2012-13 Regular Session, is
amended to read: end insert

13730.  

(a)  begin delete As a best practice, each end delete begin insert Each end insert law enforcement
agency begin delete may end delete begin insert shall end insert develop a system, by January 1, 1986, for
recording all domestic violence-related calls for assistance made
to the department including whether weapons are involved. All
domestic violence-related calls for assistance begin delete may end delete begin insert shall end insert be
supported with a written incident report, as described in subdivision
(c), identifying the domestic violence incident. Monthly, the total
number of domestic violence calls received and the numbers of
those cases involving weapons begin delete may end delete begin insert shall end insert be compiled by each law
enforcement agency and submitted to the Attorney General.

(b) The Attorney General shall report annually to the Governor,
the Legislature, and the public the total number of domestic
violence-related calls received by California law enforcement
agencies, the number of cases involving weapons, and a breakdown
of calls received by agency, city, and county.

(c)  begin delete As a best practice, each end delete begin insert Each end insert law enforcement agency begin delete may end delete
begin insert shall end insert develop an incident report form that includes a domestic
violence identification code by January 1, 1986. In all incidents
of domestic violence, a report begin delete may end delete begin insert shall end insert be written and begin delete may end delete begin insert shall end insert
be identified on the face of the report as a domestic violence
incident. The report begin delete may end delete begin insert shall end insert include at least all of the following:

(1) A notation of whether the officer or officers who responded
to the domestic violence call observed any signs that the alleged
abuser was under the influence of alcohol or a controlled substance.

(2) A notation of whether the officer or officers who responded
to the domestic violence call determined if any law enforcement
agency had previously responded to a domestic violence call at
the same address involving the same alleged abuser or victim.

(3) A notation of whether the officer or officers who responded
to the domestic violence call found it necessary, for the protection
of the peace officer or other persons present, to inquire of the
victim, the alleged abuser, or both, whether a firearm or other
deadly weapon was present at the location, and, if there is an
inquiry, whether that inquiry disclosed the presence of a firearm
or other deadly weapon. Any firearm or other deadly weapon
discovered by an officer at the scene of a domestic violence
incident shall be subject to confiscation pursuant to Division 4
(commencing with Section 18250) of Title 2 of Part 6.

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begin insert SEC. 4. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert This act shall only become operative if Senate Bill 71
of the 2012-13 Regular Session becomes operative. end insert

begin insert

begin insert SEC. 6. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

end insert begin insert

In order to protect the health and safety of victims of domestic
violence at the earliest possible time, it is necessary that this act
take effect immediately.

end insert

All matter omitted in this version of the bill appears in the bill as amended in the Senate, June 13, 2013. (JR11)