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  







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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).)











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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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