BILL ANALYSIS Ó
AB 2078
Page 1
ASSEMBLY THIRD READING
AB
2078 (Kim)
As Introduced February 17, 2016
Majority vote
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|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 | |
| | | | |
| | | | |
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AB 2078
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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
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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
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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
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