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 ----------------------------------------------------------------- |Policy | Public Safety |Vote:| 7 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- 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. SB 883 Page 2 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 SB 883 Page 3 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 SB 883 Page 4 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