BILL ANALYSIS Ó
AB 2078
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Date of Hearing: May 11, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2078 (Kim) - As Introduced February 17, 2016
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill conforms the punishment for violation of a protection
order issued after conviction of an offense involving domestic
violence to the punishment for other similar protective orders.
Specifically, this bill:
1)States that the first violation of a post-conviction domestic
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violence restraining order is punishable by imprisonment in
the county jail for up to one year, by a fine of up to $1,000,
or both.
2)Requires a first violation to include imprisonment in the
county jail for at least 48 hours if the violation resulted in
physical injury.
3)States that a second or subsequent violation occurring within
seven years and involving an act of violence, or a credible
threat of violence, is punishable by imprisonment in county
jail not to exceed one year, or by 16 months, two or three
years in state prison.
FISCAL EFFECT:
According to the California Department of Corrections (CDCR),
the contracted out-of-state bed rate is $29,000. In 2012-13,
four individuals were admitted in state prison for violating a
protective order within seven years of a prior conviction. If
two more individuals are committed for two years, the first year
cost (GF) will be $29,000, and annual ongoing cost will be
$58,000.
Minor nonreimbursable local costs for incarceration, offset to a
degree by fine revenue.
COMMENTS:
1)Background. Current law states that a violation of specified
restraining orders, including elder abuse and domestic
violence restraining orders issued as a condition of
probation, is considered contempt of court and punishable as
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follows:
a) The first violation is punishable as a misdemeanor with
imprisonment in county jail for up to one year, by a
maximum fine of $1,000, or both; and,
b) A second violation or subsequent violation occurring
within seven years, and involving an act of violence or a
credible threat of violence, is a wobbler, punishable by
imprisonment in county jail for up to one year, or in state
prison for 16 months, or two or three years.
2)Purpose. According to the author, "Every nine seconds a woman
is assaulted in the United States, and nearly 20 people per
minute are physically abused by their intimate partner. The
consequences of domestic violence are devastating and can
cross generations and last a life-time. By making appropriate
cross-references in the Penal Code, AB 2078 closes a loophole
ensuring that all those who violate domestic violence
restraining orders are held accountable. Restraining orders
are one of the best ways to protect victims of domestic
violence from further abuse and AB 2078 would provide more
fitting sentencing guidelines than the general contempt of
court guidelines it currently falls under."
This bill makes the punishment for a violation of a
post-conviction domestic violence restraining order consistent
with that for other post-conviction restraining orders against
defendants convicted of abuse.
3)Argument in Support. According to the California District
Attorneys Association, "[E]xisting law allows courts to issue
criminal protective orders for up to ten years when a
defendant is convicted of domestic violence under Penal Code
section 273.5. AB 2078 simply updates California's Penal Code
in order to provide the appropriate cross reference so that
the willful violation of a domestic violence restraining order
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may be considered contempt of court under PC 166."
4)Argument in Opposition. According to Legal Services for
Prisoners with Children, "We do not believe that increasing
punishments will increase public safety."
5)Related Legislation. SB 883 (Roth), currently in the Senate
Appropriations Suspense file, is substantially similar to this
bill, except with regard to stalking protective orders.
6)Prior Legislation:
a) SB 352 (Block), Chapter 279, Statutes of 2015,
authorizes a court to issue a post-conviction protective
order in cases involving elder or dependent adult abuse.
b) SB 723 (Pavley), Chapter 155, Statutes of 2011, allows a
court to issue a protective order for up to 10 years when a
defendant is convicted of an offense involving domestic
violence, regardless of the sentence imposed.
c) AB 289 (Spitzer) Chapter 582, Statutes of 2007, allows a
court to issue a protective order for 10 years upon a
defendant's felony conviction of willful infliction of
corporal injury.
Analysis Prepared by:Pedro Reyes / APPR. / (916)
319-2081
AB 2078
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