BILL ANALYSIS
AB 59
Page 1
Date of Hearing: April 27, 2005
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Judy Chu, Chair
AB 59 (Cohn) - As Amended: April 13, 2005
Policy Committee: Public
SafetyVote: 5-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill:
1)Requires a one-year sentence enhancement for any person
convicted of felony domestic violence, as defined, "in the
presence of a child" under the age of 18.
2)Requires a minimum of 90 days in county jail for any person
convicted of misdemeanor domestic violence in the presence of
a child under 18. If a mandatory jail term is already required
for the underlying offense, that mandatory time shall be
increased by 90 days.
FISCAL EFFECT
1)Moderate annual GF costs, potentially in excess of $3 million,
for increased state prison terms.
Based on about 2,100 persons committed to state prison in
2003-04 for certain felony domestic violence offenses, if 10
percent of these offenders committed the offense in the
presence of a person under the age of 18, received the
one-year enhancement and served six months of the enhancement,
the annual GF cost would be about $3.5 million.
2)Unknown significant nonreimbursable local incarceration costs,
likely in the range of several million dollars.
COMMENTS
1)Rationale . Proponents contend longer sentences will serve as a
AB 59
Page 2
deterrent. According to the author, there is a strong
connection between a person committing domestic violence as an
adult and witnessing domestic violence as a child. Studies
verify the nexus between witnessing domestic violence as a
child and the impact it has once that person reaches
adulthood. Studies cite effects that include a high incidence
of post traumatic stress disorder, serious cognitive and
developmental impairments, poor academic performance, and
growing up to become abusive in adulthood.
2)Opponents , including California Attorneys for Criminal Justice
(CACJ) and the Public Defenders Association (PDA), cite
concerns regarding the efficacy of controlling violent
behavior with mandatory penalty increases, suggesting that
current penalties allow the courts to consider the severity of
the criminal act, its effect on all the members of the
household, and the characteristics of the defendant in
determining what constitutes appropriate punishment. According
to CACJ, "Given the broad range of criminal behavior which
falls into the category of domestic violence, we believe that
the individual judge is in the best position to weigh the
seriousness of the criminal conduct and exercise his or her
discretion in imposing sentence."
The Public Defenders Association notes the bill does not
require a child to actually hear or see the offense, posing
the question: Do consequences extend to the presence of
infants, who have no awareness or recall beyond the moment?
According to the PDA, "The fact that children may be present
during the commission of a domestic violence crime is a
circumstance of the crime, nothing more. It is a factor, an
aggravating factor, which can be considered and given weight
by the Court in determining the appropriate sentence for a
misdemeanor. The degree to which the crime is aggravated is a
factually driven issue that is best assessed by the Judge who
heard the facts."
3)Current Law .
a) Any person who willfully inflicts upon a spouse,
cohabitant, former cohabitant, or the mother or father of
his or her child corporal injury resulting in a traumatic
condition is guilty of a felony, punishable by 2, 3, or 4
years in state prison, or up to 1 year in county jail
and/or a fine of up to $6,000.
AB 59
Page 3
b) Any person who inflicts corporal injury resulting in a
traumatic condition for specified acts of assault or
battery occurring within seven years of a previous
conviction of specified offenses is guilty of an alternate
misdemeanor/felony, punishable by 2, 4, or 5 years in state
prison or up to one year in county jail and/or a fine of up
to $10,000.
c) The court, in imposing a term of imprisonment, shall
consider the presence of a minor during the occurrence of
domestic violence crimes as a circumstance in aggravation
of the crime.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081