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