BILL ANALYSIS Ó
AB 81
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CONCURRENCE IN SENATE AMENDMENTS
AB 81 ( Budget Committee)
As Amended June 25, 2013
2/3 vote. Urgency
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|ASSEMBLY: | |(May 13, 2013) |SENATE: |37-0 |(July 3, 2013) |
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(vote not relevant)
Original Committee Reference: BUDGET
SUMMARY : Restores statutory language related to domestic
violence compliance by law enforcement that was recently
eliminated by SB 71 (Budget Committee) Chapter 28, Statutes of
2013, a 2013-14 Budget trailer bill.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Restore statutory language related to domestic violence
compliance by law enforcement that was recently eliminated by
SB 71, a 2013-14 Budget trailer bill:
a) Require that every law enforcement agency develop,
adopt, and implement written policies and standards for
officers' responses to domestic violence calls by January
1, 1986.
b) Require the written policies to encourage the arrest of
domestic violence offenders if there is probable cause that
an offense has been committed and require the arrest of an
offender, absent exigent circumstances, if there is
probable cause that a protective order has been violated.
c) State that the existing local policies and any newly
developed policies should be in writing and must be made
available to the public upon a request.
d) Require law enforcement agencies to maintain a complete
and systemic record of all protection orders and require
the records to be used to inform law enforcement officers
responding to domestic violence calls.
e) Mandate that a law enforcement agency develop a system,
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by January 1, 1986, for recording domestic violence-related
calls for assistance and require that all calls be
supported with a written incident report.
f) Require that the total number of domestic violence calls
received and the numbers of those cases involving weapons
be complied by each law enforcement agency and submitted to
the Attorney General.
2)Add an urgency clause to take effect immediately upon
enactment.
EXISTING LAW : All the provisions discussed above were made
permissive not mandatory by SB 71.
COMMENTS : In 1987, the Commission on State Mandates found that
the domestic violence provisions contained in Penal Code
Sections 13701, 13710, and 13730 imposed a reimbursable mandate
by requiring the following from local law enforcement agencies:
1)By January 1, 1986, development and implementation of policies
for officers' responses to, and recording of, domestic
violence calls.
2)Preparation of a statement of information for domestic
violence victims.
3)Monthly compilation of summary reports submitted to the
Attorney General.
4)Development and maintenance of protection order records and
systems to verify such orders at an incident scene.
In response to the Commission's decision, the state suspended
these provisions and they have remained suspended for the past
20 years. When a mandate is suspended a local agency is not
required to comply with the state statute, the mandate is
considered a best practice, at best, by the local agency.
In the 2013-14 January Budget proposal Governor Brown proposed
to repeal five mandates by making them permissive. The five
mandates to be repealed had either been pre-empted by federal
law or state constitutional amendments or were best practices
that local governments had been providing citizens without state
involvement for many years. This was part of a greater effort to
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reduce state exposure to mandates and to reduce the number of
mandates being tracked by the state. Both the Senate and the
Assembly approved the trailer bill language to suspend the five
mandates including the domestic violence compliance by law
enforcement, which was included in SB 71.
Currently, there are no outstanding claims or amounts owed on
these mandates relating to domestic violence.
The Senate amendments do not provide an appropriation for the
domestic violence mandates discussed above. The mandates
continue to be suspended similar to the past 20 years, and are
considered, at best to be best practices by local governments.
Analysis Prepared by : Genevieve Morelos / BUDGET / (916)
319-2099.
FN:
0001532