BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 81
Author: Assembly Budget Committee
Amended: 6/25/13 in Senate
Vote: 27 - Urgency
ASSEMBLY FLOOR : Not relevant
SUBJECT : Budget Act of 2013: Public safety: domestic abuse
SOURCE : Author
DIGEST : This bill undoes the domestic violence related
statutory changes in SB 71, a 2013-14 budget trailer bill,
continuing mandated compliance in statute.
Senate Floor Amendments of 6/24/13 delete the previous version
of the bill, and add the current language which undoes the
domestic violence related statutory changes in SB 71, a 2013-14
budget trailer bill.
Senate Floor Amendments of 6/25/13 make technical amendments.
ANALYSIS :
Existing Law:
1.Every law enforcement agency in this state shall develop,
adopt, and implement written policies and standards for
officers' responses to domestic violence calls by January 1,
1986. These policies shall reflect that domestic violence is
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alleged criminal conduct. Further, they shall 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. (Pen. Code
Sec.13701.)
2.Law enforcement agencies shall maintain a complete and
systematic record of all protection orders with respect to
domestic violence incidents, including orders which have not
yet been served, restraining orders, and proofs of service in
effect. This shall be used to inform law enforcement officers
responding to domestic violence calls of the existence, terms,
and effective dates of protection orders in effect. (Pen.
Code Sec. 13710.)
3.Each law enforcement agency shall 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 shall be supported with a written incident report,
as specified, identifying the domestic violence incident.
Monthly, the total number of domestic violence calls received
and the numbers of those cases involving weapons shall be
compiled by each law enforcement agency and submitted to the
Attorney General, as specified. (Pen. Code Sec. 13730)
This bill:
1.Restores the statutory requirements of local law enforcement
entities related to domestic violence, as specified in Pen.
Code Sections 13701, 13710, and 13730.
2.Will only become operative if SB 71of the 2013-14 Regular
Session becomes operative.
3.Is an urgency measure.
Comments
In 1987, the Commission on State Mandates found that Pen. Code
Sections 13701, 13710, and 13730 imposed a reimbursable mandate
by requiring the following from local law enforcement agencies:
By January 1, 1986, development and implementation of policies
for officers' responses to, and recording of, domestic
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violence calls.
Preparation of a statement of information for domestic
violence victims.
Monthly compilation of summary reports submitted to the
Attorney General.
Development and maintenance of protection order records and
systems to verify such orders at an incident scene.
These mandates have been suspended for over 20 years and, as
such, there are no outstanding claims or amounts owed.
As part of the 2013-14 Budget package, SB 71 includes statutory
changes that make these local law enforcement activities
permissive. This bill undoes the domestic violence related
statutory changes in SB 71, continuing mandated compliance in
statute.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
JG:ej 6/26/13 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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