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