BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 883  


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          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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          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