BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 545 (Melendez) - Domestic violence
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|Version: April 23, 2015 |Policy Vote: PUB. S. 7 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 17, 2015 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 545 would impose a minimum period of incarceration
in county jail of 48 hours for individuals convicted of domestic
battery who also have a prior conviction for domestic violence
(DV).
Fiscal
Impact: Ongoing increase in non-reimbursable local
incarceration costs, potentially in excess of $50,000 (General
Fund*) annually, to the extent future convictions for domestic
battery result in additional county jail costs for individuals
with prior DV convictions who otherwise would not have been
subject to the minimum jail sentence. According to DOJ data,
there are over 10,000 convictions under PC § 273.5 (DV) each
year. It is unknown what portion of the 7,000 annual convictions
for domestic battery would potentially be impacted by this
measure, but for every 250 individuals (3.5 percent of domestic
battery convictions) impacted, would result in increased county
jail costs of about $50,000 based on an estimated daily jail
AB 545 (Melendez) Page 1 of
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rate of $100 and the minimum period of 48 hours.
*Proposition 30 (2012) provides that legislation enacted after
September 30, 2012, that has an overall effect of increasing the
costs already borne by a local agency, as specified, apply to
local agencies only to the extent the State provides annual
funding for the cost increase. Although legislation creating a
new crime or revising the definition of an existing crime is
exempt from Proposition 30 state funding requirements,
legislation that changes the penalty for an existing crime is
not similarly specifically exempt. As domestic battery and
domestic violence are existing crimes, to the extent the
provisions of this measure are determined to change the penalty
for these crimes, any increase in costs to local agencies
attributable to the provisions of this legislation could
potentially require annual funding from the State.
Background: Under existing law, when battery is committed against a
spouse, a person with whom the defendant is cohabitating, a
person who is the parent of the defendant's child, former
spouse, fiancé, or fiancée, or a person with whom the defendant
currently has, or has previously had, a dating or engagement
relationship, the offense is punishable by a fine not exceeding
$2,000, or by imprisonment in county jail for up to one year, or
by both the fine and imprisonment. If probation is granted, or
the execution or imposition of the sentence is suspended, the
defendant is required to participate in and successfully
complete a batterer's treatment program, as specified, or if
none is available, another appropriate counseling program
designated by the court. (Penal Code (PC) § 243(e)(1).)
Upon a conviction for domestic battery as described above, if
probation is granted or the execution or imposition of the
sentence is suspended and the person has been previously
convicted of battery under this provision, the person is
required to be imprisoned for at least 48 hours in county jail.
However, the court, upon a showing of good cause, may elect not
to impose the mandatory minimum imprisonment as required and
may, under these circumstances, grant probation or order the
suspension of the execution or imposition of the sentence. (PC §
243(e)(3).)
AB 545 (Melendez) Page 2 of
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Proposed Law:
This bill would impose a minimum period of incarceration in
county jail of 48 hours for individuals convicted of domestic
battery under PC § 243(e), who also have a prior conviction for
domestic violence (DV) pursuant to PC § 273.5.
Prior
Legislation: AB 2066 (Friedman) Chapter 421/1996 required that
upon a second conviction for domestic battery, if probation was
granted or sentence suspended, a person to be incarcerated for
not less than 48 hours in addition to other provisions of law.
Staff
Comments: By increasing the penalty for the misdemeanor offense
of domestic battery and indirectly increasing the penalty for
domestic violence convictions, this bill could result in
additional costs to local jails for new and/or lengthier jail
terms.
Staff notes that domestic battery and domestic violence are
crimes under existing law. Pursuant to Proposition 30 (2012),
legislation enacted after September 30, 2012, that has an
overall effect of increasing the costs already borne by a local
agency for programs or levels of service mandated by the 2011
Realignment Legislation, including public safety services such
as managing local jails and providing housing to juvenile and
adult offenders, apply to local agencies only to the extent that
the State provides annual funding for the cost increase.
Although Proposition 30 specifies that legislation defining a
new crime or changing the definition of an existing crime is not
subject to this provision, changing the penalty for a crime is
not specifically exempted and could potentially require a
subvention of funds from the State. To the extent the provisions
of this measure are determined to change the penalty for the
existing crimes of domestic battery and domestic violence, any
increase in costs to local agencies attributable to provisions
of this legislation could potentially require annual funding
from the State.
Data from the DOJ indicates an average of over 7,000 convictions
for domestic battery over the past three years, and over 10,000
convictions for DV each year. While the number of persons
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potentially impacted by the provisions of this bill is unknown,
to the extent even 250 of the 7,000 individuals (less than 4
percent) convicted of domestic battery each year also have prior
DV convictions, would result in increased local jail costs of
about $50,000. This estimate is based on an average daily jail
rate of $100 and the minimum jail term of 48 hours.
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