BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                            Senator Carole Migden, Chair

                                           1288 (Chu)
          
          Hearing Date:  8/25/05          Amended: 7/12/05
          Consultant: Nora Lynn           Policy Vote: Public Safety 7-0
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          ____
          BILL SUMMARY:   
          AB 1288 requires courts in domestic violence prosecutions to  
          consider issuing a protective order prohibiting a defendant from  
          having a firearm in specified cases where the court has not  
          issued a stay-away order. Violation of this protective order  
          would be punishable as an alternate felony-misdemeanor  
          ("wobbler"). AB 1288 further authorizes specified peace officers  
          to inform those protected by domestic violence protective orders  
          and victims of alleged domestic violence when Department of  
          Justice (DOJ) records indicate the defendant or alleged  
          perpetrator has a firearm. In cases where peace officers  
          disseminate this information, they are required also to provide  
          information about domestic violence services available. This  
          constitutes a state mandated local program.   
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions               2005-06     2006-07    2007-08    Fund
           
          "Wobbler" expansion          Potentially in excess       General
                                       of $150 annually

          State mandated local program Unknown, likely minor costs General
          (information about DV services)
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          ____

          STAFF COMMENTS: SUSPENSE FILE
          
          Existing law provides that persons who own, possess, purchase,  
          attempt to purchase or receive a firearm while under the  
          protective order described in AB 1288 are guilty of a "wobbler,"  
          punishable by up to one year in a county jail or state prison, a  
          fine of up to $1,000, or both. The Department of Corrections and  
          Rehabilitation reports that three individuals were sentenced to  
          state prison for violations of protective order provisions  










          concerning firearm possession in 2003-04. It is unknown how many  
          additional protective order violations will arise as a result of  
          the court consideration language provided in AB 1288, but if as  
          few as five additional persons were sentenced to prison, General  
          Fund costs would exceed $150,000 annually.
          
          Reimbursable local costs associated with the provision of  
          domestic violence services information in cases where gun  
          ownership information is disseminated are unknown, but will  
          likely be minor. Court cost increases are likely minor as well.