BILL ANALYSIS Ó AB 2078 Page 1 ASSEMBLY THIRD READING AB 2078 (Kim) As Introduced February 17, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |7-0 |Jones-Sawyer, | | | | |Melendez, Lackey, | | | | |Lopez, Low, Quirk, | | | | |Santiago | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |20-0 |Gonzalez, Bigelow, | | | | |Bloom, Bonilla, | | | | |Bonta, Calderon, | | | | |Chang, McCarty, | | | | |Eggman, Gallagher, | | | | |Eduardo Garcia, Chau, | | | | |Holden, Jones, | | | | |Obernolte, Quirk, | | | | |Santiago, Wagner, | | | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ AB 2078 Page 2 SUMMARY: Conforms the punishment for a 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 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 the county jail not to exceed one year, or by 16 months, two or three years in state prison. EXISTING LAW: 1)Authorizes the trial court in a criminal case to issue protective orders when there is a good cause belief that harm to, or intimidation or dissuasion of a victim or witness has occurred or is reasonably likely to occur. 2)Requires a court, in all cases where the defendant is charged with a crime of domestic violence, to consider issuing a protective order on its own motion. All interested parties shall receive a copy of those orders. In order to facilitate this, the court's records of all criminal cases involving domestic violence shall be marked to clearly alert the court to this issue. 3)Allows a court, in any case in which a complaint, information, or indictment charging a crime of domestic violence has been AB 2078 Page 3 filed, to consider, in determining whether good cause exists to issue a protective order, the underlying nature of the offense charged, and information provided to the court through a background check, including information about the defendant's prior convictions for domestic violence, other forms of violence or weapons offenses, and any current protective or restraining order issued by a criminal or civil court. 4)Provides in all cases in which a criminal defendant has been convicted of a crime of domestic violence, as defined in relevant sections of the Family Code, or any crime that requires the defendant to register as a sex offender, the court, at the time of sentencing, shall consider issuing an order restraining the defendant from any contact with the victim. The order may be valid for up to 10 years, as determined by the court. 5)Provides that a person violating a protective order may be punished for any substantive offense described in provisions of law related to intimidation of witnesses or victims, or for contempt of court. 6)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 follows: a) The first violation is punishable as a misdemeanor with imprisonment in the 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 the county jail for up to one year, or in state prison for 16 months, or two or three years. AB 2078 Page 4 FISCAL EFFECT: According to the Assembly Appropriations Committee, 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 (General Fund) will be $29,000, and annual ongoing cost will be $58,000. COMMENTS: 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." Analysis Prepared by: Sandy Uribe/ PUB. S. / (916) 319-3744 FN: 0002946 AB 2078 Page 5