BILL ANALYSIS Ó
SB 883
Page 1
SENATE THIRD READING
SB
883 (Roth)
As Amended March 28, 2016
Majority vote
SENATE VOTE: 39-0
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|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
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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:
SB 883
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Sandy Uribe / PUB. S. / (916) 319-3744 FN:
0003806