BILL ANALYSIS                                                                                                                                                                                                    Ó



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          SENATE THIRD READING


          SB  
          883 (Roth)


          As Amended  March 28, 2016


          Majority vote


          SENATE VOTE:  39-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |7-0  |Jones-Sawyer,         |                    |
          |                |     |Melendez, Lackey,     |                    |
          |                |     |Lopez, Low, Quirk,    |                    |
          |                |     |Santiago              |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |18-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonta,         |                    |
          |                |     |Calderon, Chang,      |                    |
          |                |     |Daly, Eggman,         |                    |
          |                |     |Gallagher,            |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Roger Hernández,      |                    |
          |                |     |Holden, Jones,        |                    |
          |                |     |Obernolte, Quirk,     |                    |
          |                |     |Santiago, Wagner,     |                    |








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          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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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)Punishes the first violation of a post-conviction domestic  
            violence restraining order with 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)Punishes a second or subsequent violation occurring within  
            seven years and involving an act of violence, or a credible  
            threat of violence, with imprisonment in the county jail not  
            to exceed one year, or by 16 months, or 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  








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            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  
            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  








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               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. 


          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. 


          Minor nonreimbursable local costs for incarceration, offset to a  
          degree by fine revenue.


          COMMENTS:  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 all violations of all  
          criminal restraining orders punishable in the same manner."  


          Please see the policy committee analysis for a full discussion  
          of this bill.




          Analysis Prepared by:                                             








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                          Sandy Uribe / PUB. S. / (916) 319-3744  FN:  
          0003806