BILL ANALYSIS Ó
AB 545
Page 1
ASSEMBLY THIRD READING
AB
545 (Melendez)
As Amended April 23, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+-----------------------+--------------------|
|Public Safety |6-0 |Quirk, Melendez, | |
| | |Jones-Sawyer, Lackey, | |
| | |Low, Santiago | |
| | | | |
|----------------+------+-----------------------+--------------------|
|Appropriations |17-0 |Gomez, Bigelow, Bloom, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Holden, Jones, | |
| | |Quirk, Rendon, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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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
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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.
2)Imposes punishment for such a battery by a fine not exceeding
$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.
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.
4)Specifies that if probation is granted, the conditions of
probation may include, in lieu of a fine, one or both of the
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following requirements:
a) That the defendant make payments to a battered women's
shelter, up to a maximum of $5,000.
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.
6)States that person who willfully inflicts corporal injury
resulting in a traumatic condition upon a victim is guilty of 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 $6,000, or by both that fine and imprisonment.
7)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.
8)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
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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.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, minor, nonreimbursable costs for incarceration, offset
to a degree by increased fine revenue.
COMMENTS: 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."
Analysis Prepared by:
David Billingsley / PUB. S. / (916) 319-3744 FN:
0000304