BILL ANALYSIS
AB 2695
Page 1
Date of Hearing: April 4, 2006
Consultant: Scott Hinkle
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mark Leno, Chair
AB 2695 (Goldberg) - As Amended: March 27, 2006
SUMMARY : Extends sunset date to January 1, 2010 for the $400
fee imposed on a person convicted of domestic violence to
support domestic violence centers, the Domestic Violence
Restraining Order Reimbursement Fund and the Domestic Violence
Training and Education Fund. Specifically, this bill :
1)Extends sunset date to January 1, 2010 for the $400 fee
imposed on a person convicted of domestic violence to support
domestic violence centers, the Domestic Violence Restraining
Order Reimbursement Fund and the Domestic Violence Training
and Education Fund.
2)Allows a judge, when issuing a temporary restraining order or
injunction requested by an employer, to include multiple
employees or worksites within the protection of the order.
3)Allows the court, upon a showing of good cause by the employer
requesting the temporary restraining order or injunction, to
issue a temporary restraining order or injunction which
includes other persons employed a his or her workplace or
workplaces.
4)Provides that if the Commission on State Mandates determines
that this act contains costs mandated by the state,
reimbursement to local agencies and school district for those
costs shall be made pursuant to specified sections of the
Government Code.
EXISTING LAW :
1)Provides that any employer, whose employee has suffered
unlawful violence or a credible threat of violence from any
individual, that can reasonably be construed to be carried out
or to have been carried out at the workplace, may seek a
temporary restraining order and an injunction on behalf of the
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employee prohibiting further unlawful violence or threats of
violence by that individual. [Code of Civil Procedure Section
527.8(a).]
2)Provides that "unlawful violence" is any assault or battery,
or stalking as prohibit but shall not include lawful acts of
self-defense or defense of others. [Code of Civil Procedure
Section 527.8(b)(1).]
3)Provides that "credible threat of violence" is a knowing and
willful statement or course of conduct that would place a
reasonable person in fear for his or her safety, or the safety
of his or her immediate family, and that serves no legitimate
purpose. [Code of Civil Procedure Section 527.8(b)(2).]
4)Provides that "course of conduct" is a pattern of conduct
composed of a series of acts over a period of time, however
short, evidencing a continuity of purpose, including following
or stalking an employee to or from the place of work; entering
the workplace; following an employee during hours of
employment; making telephone calls to an employee; or sending
correspondence to an employee by any means, including, but not
limited to, the use of the public or private mails,
interoffice mail, fax, or computer e-mail. [Code of Civil
Procedure Section 527.8(b)(3).]
5)Provides that upon filing a petition for an injunction under
this section, the plaintiff may obtain a temporary restraining
order in accordance with specified provisions of the Code of
Civil Procedure if the plaintiff also files an affidavit that,
to the satisfaction of the court, shows reasonable proof that
an employee has suffered unlawful violence or a credible
threat of violence by the defendant and that great or
irreparable harm would result to an employee. In the
discretion of the court, and on a showing of good cause, a
temporary restraining order or injunction issued under this
section may include other named family or household members
who reside with the employee. [Code of Civil Procedure
Section 527.8(e).]
6)Provides that a minimum payment by the defendant of $400 to be
disbursed as specified in this paragraph. If, after a hearing
in court on the record, the court finds that the defendant
does no have the ability to pay the court may reduce or waive
this fee. This provision sunsets January 1, 2007. [Penal
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Code Section 1203.097(a)(5).]
7)Provides that two-thirds of the money deposited with the
county treasurer pursuant to specified provisions of the Penal
Code shall be retained by counties and deposited in the
domestic violence programs special fund created pursuant to
provisions in the Welfare and Institutions Code for the
purposes specified in the Welfare and Institutions Code. The
remainder shall be transferred, once a month, to the
Controller for deposit in equal amounts in the Domestic
Violence Training and Education Fund in an amount equal to
one-third of the funds collected during the preceding month.
This provision sunsets January 1, 2007. [Penal Code Section
1203.097(a)(5).]
8)Provides that a minimum payment by the defendant of $200 to be
disbursed as specified in this paragraph. If, after a hearing
in court on the record, the court finds that the defendant
does no have the ability to pay the court may reduce or waive
this fee. This provision becomes operative January 1, 2007.
[Penal Code Section 1203.097(a)(5).]
9)Provides that one-third of the money deposited with the county
treasurer pursuant to specified provisions of the Penal Code
shall be retained by counties and deposited in the domestic
violence programs special fund created pursuant to provisions
in the Welfare and Institutions Code for the purposes
specified in the Welfare and Institutions Code. The remainder
shall be transferred, once a month, to the Controller for
deposit in equal amounts in the Domestic Violence Training and
Education Fund in an amount equal to two-thirds of the funds
collected during the preceding month. This provision becomes
operative January 1, 2007. [Penal Code Section
1203.097(a)(5).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "This bill aims
to ensure funding for county domestic violence programs and
seeks to enhance worker protection. The sunset extension
ensures that a $400 fee imposed on domestic violence
defendants remains. This bill also ensures that up to
two-thirds of the augmented amount of money will continue to
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be retained by the counties for deposit into the domestic
violence programs special fund, with the remainder transferred
to the State Controller. This bill will have the effect of
ensuring that fee-generated revenues continue to fund domestic
violence services, public education to prevent domestic
violence and law enforcement costs related to domestic
violence restraining orders.
"A separate concern is that the providers of these services are
themselves often threatened with violence, harassment or
stalking by perpetrators of domestic violence. Much like law
enforcement and legal services providers, domestic violence
and sexual assault advocates are concerned for their personal
safety. Greater protections for the workplace would allay
some of those concerns, facilitating the recruitment of needed
domestic violence personnel. This bill enhances workplace
safety by permitting employers to obtain protective orders for
the entire worksite when an employee or employees experience
violence or a credible threat of violence in the workplace.
And, if appropriate, this bill allows for protecting multiple
work sites where employees are threatened with violence."
2)Background : According to the background submitted by the
author, "Domestic violence shelters are anticipating funding
cuts at every level of government as well as reductions in
donations from private corporations and individual donors.
"AB 352 (Goldberg), Chapter 431, Statutes of 2003, is set to
sunset on January 1, 2007. This bill increased from $200 to
$400 the minimum, mandatory payment imposed on persons granted
probation for a domestic violence crime, and increased from
one-third to two-thirds the allocation of these payments
received by counties for county domestic violence program
special funds, thus decreasing from two-thirds to one-third
the allocation of these payments received by the state into
the Domestic Violence Restraining Order Reimbursement Fund and
into the Domestic Violence Training and Education Fund.
"In addition to shelter, domestic violence victims benefit
from other essential services that are offered by every
shelter, such as around-the-clock counseling and resource
referral, legal assistance, transportation, linguistic
translations, and assistance with law enforcement and medical
providers. These services are critical to maintaining a
safety net of assistance for a vulnerable population.
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Statistics available reflect that, on average, over $1 million
was made available for local assistance to domestic violence
survivors by this source of funds each year since the
enactment of AB 352.
"The sunset extension ensures that existing $400 fee imposed
on domestic violence defendants remains. This fee is imposed
on defendants who are granted probation in cases of domestic
violence, unless the fee is lowered for those unable to pay.
This bill also ensures that up to two-thirds of the augmented
amount of money will continue to be retained by the counties
for deposit into the domestic violence programs special fund,
with the remainder transferred to the Controller. This bill
will have the effect of ensuring that fee-generated revenues
continue to enable local shelters to provide needed ancillary
services to survivors of domestic violence.
"A separate concern is that the providers of these services
are themselves often threatened with violence, harassment or
stalking by perpetrators of domestic violence. Like law
enforcement and legal services providers, among other workers,
domestic violence and sexual assault advocates are concerned
for their personal safety. Greater protections for the
workplace would allay some of those concerns, facilitating the
recruitment of needed domestic violence personnel.
"Therefore, this bill also seeks to expand the scope of
protective orders to better protect and defend workers at
their places of work. As with current law, an employer could
seek a protective order when an employee has suffered
harassment (including stalking) or is threatened with
violence, including domestic violence, which has been or might
be carried out at the workplace. Under current practice,
however, when a workplace protective order is issued, it
protects only the person being immediately threatened. Yet,
when there is violence in the workplace, all workers may be at
risk. This bill will allow employers to seek orders that
protect multiple work sites and orders that protect multiple
employees, subject to the discretion of the court. It would
reduce or eliminate the extra time and expense of seeking
multiple protective orders and result in increased judicial
economy."
REGISTERED SUPPORT / OPPOSITION :
AB 2695
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Support
California Commission on the Status of Women
California Family Health Council, Inc.
California National Organization for Women
Community United Against Violence
Esperanza Community Housing Corporation
La Raza Centro Legal, Inc.
Los Angeles Gay and Lesbian Center
My Friend's Place
Organizaci?n en California de L?deres Campesinas, Inc.
Women's Foundation of California
Opposition
None on file
Analysis Prepared by : Scott Hinkle / PUB. S. / (916) 319-3744