BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 139
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 139 (Holden)
          As Amended  June 11, 2013
          Majority vote
           
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          |ASSEMBLY:  |74-0 |(March 21,      |SENATE: |33-0 |(July 8, 2013) |
          |           |     |2013)           |        |     |               |
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           Original Committee Reference:    PUB. S.  
           
          SUMMARY  :  Clarifies that the payment imposed on a defendant who  
          is granted probation for a domestic violence crime is a fee, not  
          a fine.  
           
          The Senate amendments  add legislative findings and declarations.
          
          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  








                                                                  AB 139
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            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  
            special fund.  

           AS PASSED BY THE ASSEMBLY  , this bill: 
           
           1)Specified 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)Provided that the fee is not subject to reduction for time  
            served.

          3)Permitted 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)Allowed the county board of supervisors to request an  
            accounting report of the special fund on not more than  
            quarterly basis.

          6)Specified 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; 

             c)   Disbursements of the funds during the request period;  
               and, 








                                                                  AB 139
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             d)   The fund balance at the end of the request period.

           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:  
          0001170