BILL ANALYSIS �
AB 139
Page 1
ASSEMBLY THIRD READING
AB 139 (Holden)
As Amended March 6, 2013
Majority vote
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Melendez, | | |
| |Jones-Sawyer, Mitchell, | | |
| |Quirk, Skinner, Waldron | | |
| | | | |
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SUMMARY : Clarifies that the payment imposed on a defendant who
is granted probation for a domestic violence crime is a fee, not
a fine. Specifically, this bill :
1)Specifies that the payment to be made by the defendant when
convicted of a domestic violence-related offense and granted
probation is to be treated as a fee and not a fine.
2)Provides that the fee is not subject to reduction for time
served.
3)Permits collection of the fee after the termination of
probation by the collection agency or its designee.
4)Authorizes up to 8% of the moneys deposited in the Domestic
Violence Programs Special Fund to be used for administrative
costs, as specified.
5)Allows the county board of supervisors to request an
accounting report of the special fund on not more than
quarterly basis.
6)Specifies that the accounting reports shall include all of the
following:
a) The balance of the special fund at the beginning of the
request period;
b) Deposits into the special fund in the request period,
including a breakdown of the sources;
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c) Disbursements of the funds during the request period;
and,
d) The fund balance at the end of the request period.
EXISTING LAW :
1)Requires certain probation conditions be imposed when a person
found guilty of a domestic-violence-related offense is granted
probation.
2)Specifies that one of the mandatory conditions of probation
for a domestic-violence-related offense is a minimum payment
of $500. The court may reduce or waive the fee if, after a
hearing in open court, it finds that the defendant does not
have the ability to pay it.
3)Provides that two-thirds of the moneys collected from the
domestic violence probation fee shall be retained by the
counties and deposited in the Domestic Violence Programs
Special Fund, and the remainder is transferred to the State
Controller to be deposited in equal amounts in the Domestic
Violence Restraining Order Reimbursement Fund and the Domestic
Violence Training and Education Fund.
4)Allows the court to require as a condition of probation that a
defendant make payments of up to $5,000 to a battered women's
shelter. These payments are in lieu of a fine, but not in
lieu of the fund payment.
5)Provides that if a defendant is ordered to pay a fine as a
condition of probation, it may be enforced during the term of
probation in the same manner as is provided for the
enforcement of money judgments. If the defendant willfully
fails to pay a fine imposed as a condition of probation during
the probationary period, this may be treated as a violation of
probation.
6)Specifies that if there is an unpaid balance on a fine imposed
as a condition of probation at the end of the probationary
term, the balance may be enforced as a civil judgment.
7)Provides that $23 of a marriage-license fee be allocated for
funding the county domestic violence shelter-based programs
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special fund.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "The California State
Auditor conducted a four-year study analyzing the payments used
to support domestic violence shelters in Los Angeles,
Sacramento, San Diego and Santa Clara. The report revealed that
individual courts and county agencies use different methods for
collecting payments made by those sentenced to probation.
"State courts differ in their interpretations of whether the
payments are actually fines or fees, therefore counties are
unable to distribute available domestic violence funds
accurately, thus hindering shelters' ability to provide as many
services to victims.
"AB 139 clarifies that the $500 fee issued to every individual
who is given probation for a crime of domestic violence, is an
administrative fee, and not a punitive fine."
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0000028