BILL ANALYSIS Ó
AB 545
Page 1
Date of Hearing: April 14, 2015
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
545 (Melendez) - As Amended March 19, 2015
As Proposed to be Amended in Committee
SUMMARY: Imposes minimum period of imprisonment in county jail
of two days for individuals convicted of domestic battery with a
prior conviction for domestic violence. Makes the law
consistent with situations when individual has prior conviction
for domestic battery. Specifically, this bill:
1)Requires a minimum of two days of imprisonment when an
individual is convicted of a domestic battery probation is
granted, and the individual has a prior conviction for
domestic violence.
2)Allows the court, on a showing of good cause, to choose not to
impose the minimum imprisonment.
EXISTING LAW:
1)Defines as a crime, any battery committed against a spouse, a
person with whom the defendant is cohabiting, a person who is
the parent of the defendant's child, former spouse, fiance, or
fiancee, or a person with whom the defendant currently has, or
has previously had, a dating or engagement relationship. (Pen.
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Code, § 243(e).)
2)Imposes punishment for such a battery by a fine not exceeding
two thousand dollars ($2,000), or by imprisonment in a county
jail for a period of not more than one year, or by both that
fine and imprisonment. If probation is granted, or the
execution or imposition of the sentence is suspended, it shall
be a condition thereof that the defendant participate in, for
no less than one year, and successfully complete, a batterer's
treatment program, as specified, or if none is available,
another appropriate counseling program designated by the
court. (Pen. Code, § 243(e).)
3)Requires that if probation is granted or the execution or
imposition of the sentence is suspended and the person has
been previously convicted of domestic battery, the person
shall be imprisoned for not less than 48 hours in addition to
the conditions required. However, the court, upon a showing of
good cause, may elect not to impose the mandatory minimum
imprisonment as required by this subdivision and may, under
these circumstances, grant probation or order the suspension
of the execution or imposition of the sentence. (Pen. Code, §
243(e).)
4)Specifies that if probation is granted, the conditions of
probation may include, in lieu of a fine, one or both of the
following requirements:
a) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000).
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b) That the defendant reimburse the victim for reasonable
costs of counseling and other reasonable expenses that the
court finds are the direct result of the defendant's
offense.
5)For any order to pay a fine, make payments to a battered
women's shelter, or pay restitution as a condition of
probation under this subdivision, the court shall make a
determination of the defendant's ability to pay. In no event
shall any order to make payments to a battered women's shelter
be made if it would impair the ability of the defendant to pay
direct restitution to the victim or court-ordered child
support. If the injury to a married person is caused in whole
or in part by the criminal acts of his or her spouse in
violation of this section, the community property shall not be
used to discharge the liability of the offending spouse for
restitution to the injured spouse until all separate property
of the offending spouse is exhausted. (Pen. Code, § 243.)
6)A battery is any willful and unlawful use of force or violence
upon the person of another. (Pen. Code, § 242.)
7)A battery is punishable by a fine not exceeding two thousand
dollars, or by imprisonment in a county jail not exceeding six
months, or by both that fine and imprisonment. (Pen. Code, §
243, subd. (a).)
8)States that person who willfully inflicts corporal injury
resulting in a traumatic condition upon a victim is guilty of
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a felony, and upon conviction thereof shall be punished by
imprisonment in the state prison for two, three, or four
years, or in a county jail for not more than one year, or by a
fine of up to six thousand dollars ($6,000), or by both that
fine and imprisonment. (Pen. Code, § 273.5, subd. (a).)
9)Defines "victim" as the offender's spouse or former spouse,
the offender's cohabitant or former cohabitant, the offender's
fiance or fiancee, or someone with whom the offender has, or
previously had, an engagement or dating relationship, as
defined, or the mother or father of the offender's child.
(Pen. Code, § 273.5, subd. (b).)
10)Defines "traumatic condition" means a condition of the body,
such as a wound, or external or internal injury, including,
but not limited to, injury as a result of strangulation or
suffocation, whether of a minor or serious nature, caused by a
physical force. For purposes of this section, "strangulation"
and "suffocation" include impeding the normal breathing or
circulation of the blood of a person by applying pressure on
the throat or neck. (Pen. Code, § 273.5, subd. (d).)
11)Specifies that any person convicted of violating this section
for acts occurring within seven years of a specified previous
domestic violence related, shall be punished by imprisonment
in a county jail for not more than one year, or by
imprisonment in the state prison for two, four, or five years,
or by both imprisonment and a fine of up to ten thousand
dollars ($10,000). (Pen. Code, § 273.5, subd. (f)(1).)
12) Specifies that any person convicted of a violation of this
section for acts occurring within seven years of a previous
domestic violence conviction shall be punished by imprisonment
in the state prison for two, three, or four years, or in a
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county jail for not more than one year, or by a fine of up to
ten thousand dollars ($10,000), or by both that imprisonment
and fine. (Pen. Code, § 273.5, subd. (f)(2).)
13)Requires that if probation is granted to any person convicted
of domestic violence the court shall impose specified
probation conditions. (Pen. Code, § 273.5, subd. (g.)
14)States that if probation is granted, or the execution or
imposition of a sentence is suspended, for any defendant
convicted of domestic violence who has been convicted of any
prior specified conviction, the court shall impose one of the
following conditions of probation:
a) If the defendant has suffered one prior conviction
within the previous seven years for a violation of any
offense specified, it shall be a condition of probation, in
addition to specified provisions, that he or she be
imprisoned in a county jail for not less than 15 days.
(Pen. Code, § 273.5, subd. (h)(1).)
b) If the defendant has suffered two or more prior
convictions within the previous seven years for a violation
of any offense specified, it shall be a condition of
probation, in addition to specified provisions, that he or
she be imprisoned in a county jail for not less than 60
days. (Pen. Code, § 273.5, subd. (h)(2).)
c) The court, upon a showing of good cause, may find that
the mandatory imprisonment required by this subdivision
shall not be imposed and shall state on the record its
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reasons for finding good cause. (Pen. Code, § 273.5, subd.
(h)(3).)
15)States that if probation is granted upon conviction of
domestic violence, the conditions of probation may include,
consistent with the terms of probation, in lieu of a fine, one
or both of the following requirements:
a) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000),
pursuant to Section 1203.097. (Pen. Code, § 273.5, subd.
(i)(1).)
b) That the defendant reimburse the victim for reasonable
costs of counseling and other reasonable expenses that the
court finds are the direct result of the defendant's
offense. (Pen. Code, § 273.5, subd. (i)(2).)
16)Specifies that upon conviction of domestic violence, the
sentencing court shall also consider issuing an order
restraining the defendant from any contact with the victim,
which may be valid for up to 10 years, as determined by the
court. It is the intent of the Legislature that the length of
any restraining order be based upon the seriousness of the
facts before the court, the probability of future violations,
and the safety of the victim and his or her immediate family.
This protective order may be issued by the court whether the
defendant is sentenced to state prison or county jail, or if
imposition of sentence is suspended and the defendant is
placed on probation. (Pen. Code, § 273.5, subd. (j).)
FISCAL EFFECT: Unknown
COMMENTS:
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1)Author's Statement: According to the author, " We must make
certain that repeat domestic abusers are recognized in the law
as repeat offenders and held accountable to their actions,
regardless of the order in which their crimes are committed."
2)Felony Battery vs. Domestic Violence: California has created
an elaborate scheme for dealing with the problem of domestic
violence. Individuals who are arrested, charged, or convicted
of domestic violence-related offenses have a variety of
conditions mandated and services available which are not in
place for simple assault and battery offenses. Individuals
arrested and charged with domestic violence offenses may be
required to appear in court at times when battery defendants
are not and face stiffer rules related to protective orders.
Probation conditions include an extensive counseling program
for the purpose of deprogramming violent conduct as it relates
to domestic scenarios. Additionally, criminal penalties for
recidivist conduct are more severe. Finally, additional
counseling and victim advocacy services are available for
victims of domestic violence.
3)Proposed Amendment: The opposition letters submitted prior to
proposed amendments to the bill and thus the argument in
opposition is not reflective of the bill before the committee
as it is proposed to be amended.
4)Argument in Support: None submitted.
5)Argument in Opposition: According to the California Public
Defender Association, "AB 545 seeks to amend Penal Code
section 243 to provide for a mandatory minimum 5 and 10 day
jail sentences for misdemeanor batty on a spouse or domestic
partner with a specified prior conviction for a similar
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offense. Under existing law there is a two day, mandatory
minimum jail sentence.
"Although it is a laudable goal to with to end domestic
violence, there is no evidence showing that doubling or
increasing the mandatory sentence five-fold is a deterrent.
The judge already has discretion to impose a lengthy county
jail sentence in the appropriate case.
"This proposed legislation adds an additional burden on
already overcrowded county jails. The scarce public resources
involved in further incarceration could be better spent on
providing victims, primarily women, with the resources to
leave abusive relationships, specifically housing, job
training and education."
6)Prior Legislation: AB 2066 (Friedman), Chaptered 421 of the
statutes of 1996. Required that upon conviction of a
violation of this Penal Code 243(e) (domestic battery), if
probation was granted or the execution or imposition of the
sentence is suspended and the person has been previously
convicted of a violation of this subdivision and sentenced
under paragraph (1), the person shall be imprisoned for not
less than 48 hours in addition to the conditions in paragraph
(1). However, the court, upon a showing of good cause, may
elect not to impose the mandatory minimum imprisonment as
required by this subdivision and may, under these
circumstances, grant probation or order the suspension of the
execution or imposition of the sentence.
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REGISTERED SUPPORT / OPPOSITION:
Support
Crime Victims United of California
Opposition
American Civil Liberties Union of California
California Public Defenders Association
Legal Services for Prisoners with Children
Analysis Prepared
by: David Billingsley / PUB. S. / (916) 319-3744