BILL ANALYSIS Ó
AB 545
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Date of Hearing:
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
545 (Melendez) - As Amended April 23, 2015
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill imposes minimum period of imprisonment in county jail
of two days for individuals convicted of domestic battery with a
prior conviction for domestic violence.
AB 545
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FISCAL EFFECT:
Minor, nonreimbursable costs for incarceration, offset to a
degree by increased fine revenue.
COMMENTS:
1)Purpose. 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)Prior Legislation. AB 2066 (Friedman), Chaptered 421,
Statutes of 1996, required that upon conviction of a violation
of domestic battery, if probation was granted or the execution
or imposition of the sentence is suspended and the person has
AB 545
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been previously convicted of a violation of this subdivision
and sentenced under law, the person shall be imprisoned for
not less than 48 hours in addition to the conditions in law.
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.
Analysis Prepared by:Pedro Reyes / APPR. / (916)
319-2081