BILL ANALYSIS Ó
SB 883
Page 1
Date of Hearing: June 29, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SB 883
(Roth) - As Amended March 28, 2016
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|Policy | Public Safety |Vote:| 7 - 0 |
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill conforms the punishment for violation of a protective
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 and/or by a fine of up to
$1,000.
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2)Requires a first violation to include imprisonment in 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
follows:
a) The first violation is punishable as a misdemeanor with
imprisonment in county jail for up to one year, by a
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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, "Vigorous enforcement of
protective order violations has been shown to be an effective
tool in both protecting victims and in ensuring offender
accountability. Under current law, a defendant whose more
serious offense lands them in state prison receives less of a
consequence for violation of the protective order than a
defendant on probation."
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 Riverside County
District Attorney's Office, "Currently, an offender who has
been convicted of domestic violence and sentenced to prison
is subject to less punishment for violating the protective
order than all other types of offenders. SB 883 would create
more uniform sentencing for protective order violations and
give victims of our most serious offenses equal protection
from unwanted contact."
4)Argument in Opposition. According to California Public
Defenders Association, "because the conduct covered by SB 883
is already illegal and is already punishable by time in jail
or prison, SB 883 serves no significant purpose beyond slowing
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efforts to reform California's over-crowded prison system."
5)Related Legislation. AB 2078 (Kim), awaiting a hearing in
Senate Public Safety, is substantially similar to this bill.
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 R. Reyes / APPR. / (916)
319-2081