BILL ANALYSIS Ó SB 883 Page 1 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, | | SB 883 Page 2 | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ 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 SB 883 Page 3 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 SB 883 Page 4 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: SB 883 Page 5 Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0003806