BILL ANALYSIS
AB 2695
Page 1
Date of Hearing: April 26, 2006
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Judy Chu, Chair
AB 2695 (Goldberg) - As Amended: March 27, 2006
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill:
1)Extends the January 1, 2007 sunset to January 1, 2010, for the
$400 fine - imposed on a person convicted of domestic violence
and granted probation - to support domestic violence centers,
the Domestic Violence Restraining Order Reimbursement Fund and
the Domestic Violence Training and Education Fund.
(Two-thirds of the proceeds from this fine go to the county
treasurer to support domestic violence centers and programs;
the remaining third goes to the state for deposit into the
Domestic Violence Training and Education Fund and the Domestic
Violence Restraining Order Reimbursement Fund.)
2)Authorizes the court, when issuing a temporary restraining
order or injunction requested by an employer, to include
multiple employees or worksites within the order.
FISCAL EFFECT
1)Potential minor revenue loss to the Department of Justice's
(DOJ) Domestic Violence Restraining Order Reimbursement Fund
and the Department of Health Services' (DHS) Domestic Violence
Training and Education Fund to the extent the extending the
increased fee results in lower collections as a result of an
ability to pay. The fund amounts in both departments have
decreased in the past two years; the DOJ fund from $2 million
to about $1.9 million, and the DHS fund from $1.7 million to
$1.1 million.
AB 2695
Page 2
DOJ believes the increased fee has had little impact on its
funding. DHS was unable to explain the decrease in its fund,
but was disinclined to attribute it to the increased fee.
2)Potential revenue increase or decrease to local domestic
violence shelters from the fee increase, to the extent
offenders are financially able to pay the increased fee. The
L.A. City Attorney's Office, a sponsor of this measure,
indicates there has been a relatively marginal increase in fee
revenue, but was unable to quantify the impact of the
increased fee.
COMMENTS
1)Rationale . According to the author and the L.A. City
Attorney's office, the sponsor of this measure, extending the
sunset on the $400 payment is intended to protect the current
funding levels for DOJ's restraining order fund and DHS'
domestic violence training fund, while increasing funding for
local domestic violence shelters. The L.A. City Attorney's
Office contends that local budget cuts and a decrease in
corporate and charitable contributions continue to endanger
shelter operations.
2)Current law requires a minimum $400 payment by a person placed
on probation for a domestic violence conviction. Two-thirds of
the proceeds from these payments are deposited with the county
treasurer to support domestic violence centers and programs,
and the remaining one-third is transferred to the state for
deposit in equal amounts in the Domestic Violence Training and
Education Fund (administered by DHS) and the Domestic Violence
Restraining Order Reimbursement Fund (administered by DOJ).
If the court finds a defendant lacks the ability to pay the
court may reduce or waive this fee.
3)Prior to the effective date of the $400 fine (January 1,
2004), the minimum fine amount was $200: two-thirds to the
state and one-third to counties, also contingent upon the
ability to pay.
AB 2695
Page 3
4)Prior Legislation . AB 352 (Goldberg, Statutes of 2003)
increased the $200 fine to $400. AB 352 is scheduled to sunset
January 1, 2007.
5)Efficacy . Fee revenue recipients - DOJ, DHS and the L.A. City
Attorney's Office - were unable to quantify the impact of the
2004 fee increase, though it appears to be minimal.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081