BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Carole Migden, Chair A
2005-2006 Regular Session B
2
6
9
AB 2695 (Goldberg) 5
As Amended May 22, 2006
Hearing date: June 13, 2006
Code of Civil Procedure, and Family, Government and Penal Codes
AA:br
DOMESTIC VIOLENCE :
VARIOUS FEES AND PAYMENTS
HISTORY
Source:The Women's Foundation of California; Los Angeles County
Sheriff's Department
Prior Legislation: AB 352 (Goldberg) - Ch. 431, Stats. 2003
AB 2030 (Goldberg) - Ch. 1009, Stats. 2002
Support: American Association of University Women; Office of the
Attorney General; California Family Health Council;
California Partnership to End Domestic Violence;
California National Organization for Women; California
Commission on the Status of Women; Community United
Against Violence; Esperanza Community Housing
Corporation; L.A. Gay & Lesbian Center; La Raza Centro
Legal, Inc.; My Friend's Place; Organizaci?n en
California de Lideres Campesinas, Inc.; Esperanza
Community Housing Corporation; Planned Parenthood
Affiliates of California; Los Angeles County District
(More)
AB 2695 (Goldberg)
PageB
Attorney's Office; Families of Incarcerated Loved Ones
Opposition:None known
Assembly Floor Vote: Ayes 74 - Noes 0
KEY ISSUES
SHOULD THE 2007 SUNSET FOR PROVIDING AN INCREASED MINIMUM MANDATORY
PAYMENT FOR PERSONS WHO RECEIVE PROBATION FOR DOMESTIC VIOLENCE
CRIMES - FROM $200 TO $400, AS SPECIFIED - BE EXTENDED UNTIL 2010?
SHOULD PROVISIONS IN several statutes pertaining to waiving fees
associated with restraining orders and injunctions, now set to
sunset in 2007 (and within the jurisdiction of the Senate Judiciary
Committee, which is a second referral on this bill), BE EXTENDED?
PURPOSE
The purpose of this bill is to extend, from 2007 to 2010, the
sunset on the statute which as now operational provides that 1)
the minimum mandatory payment imposed on persons granted
probation for a domestic violence crime is $400 instead of $200;
2) the allocation of these payments received by counties for
county domestic violence program special funds is 2/3; and 3)
the allocation of these payments received by the state for two
domestic violence-related funds is 1/3, except as specified.
This bill additionally would provide for the continuation of
several statutes pertaining to waiving fees associated with
restraining orders and injunctions, now set to sunset in 2007
(and within the jurisdiction of the Senate Judiciary Committee,
which is a second referral on this bill).
Penal Code Provisions
Current law generally imposes mandatory conditions of probation
for persons granted probation for a domestic violence crime, as
(More)
AB 2695 (Goldberg)
PageC
specified. (Penal Code 1203.097.) As enacted by AB 352
(Goldberg) in 2003, the following provisions in this section are
now in effect, to be sunseted on January 1, 2007:
A minimum payment by the defendant of $ 400 ,
subject to ability to pay, to be disbursed as
specified (on January 1, 2007, the amount would be
reduced to $200, which was the amount prior to AB
352);
Two-thirds of these moneys required to be
deposited with the county treasurer pursuant to
this section are required to be retained by
counties and deposited in the domestic violence
programs special fund, as specified (on January 1,
2007, this would be reduced to one-third, which was
the allocation prior to AB 352).
This bill would continue, until January 1, 2010, the
changes made by AB 352 to Section 1203.097 identified
above, essentially extending the sunset in AB 352 for
three years.
Code of Civil Procedure Provisions
Current law authorizes courts to issue temporary restraining
orders and injunctions prohibiting harassment, as specified.
(Code of Civ. Proc. 527.6.)
Current law , operative only until January 1, 2007, provides
there shall be no filing fee for a petition that seeks a
protective or restraining order or injunction under this
section, as specified.
Current law , operative only until January 1, 2007, provides
that "(n)o fee shall be paid for a subpoena filed in
connection with a petition alleging these acts. . . . "
(Code of Civ. Proc. 527(p).)
Current law , operative January 1, 2007, repeals these
(More)
AB 2695 (Goldberg)
PageD
provisions.
This bill would restore this language.
Current law , operative only until January 1, 2007, further
provides that "(n)otwithstanding any other provision of law,
upon the application of the petitioner there shall be no fee for
the service of process of a protective order, restraining order,
or injunction to be issued, if any of the following conditions
apply:
(A) The protective order, restraining order, or injunction
issued pursuant to this section is based upon stalking, as
prohibited by Section 646.9 of the Penal Code.
(B) The protective order, restraining order, or injunction
issued pursuant to this section is based upon a credible threat
of violence resulting from a threat of sexual assault. As used
in this subparagraph, "sexual assault" means the offenses
enumerated in Section 1036.2 of the Evidence Code.
(C) The protective order, restraining order, or injunction is
issued pursuant to Section 6222 of the Family Code, unless the
applicant is eligible for a waiver of the payment of the fee for
serving the order pursuant to subdivision (b) of that section."
(Code of Civ. Proc. 527(q)(1).)
Current law , operative January 1, 2007, repeals this provision.
This bill would largely restore these provisions and
specifically provide that, as specified<1>, "there shall be no
fee for the service of process of a protective order,
restraining order, or injunction to be issued, if any of the
following conditions apply:
(A) The protective order, restraining order, or injunction
issued pursuant to this section is based upon stalking, as
prohibited by Section 646.9 of the Penal Code.
(B) The protective order, restraining order, or injunction
issued pursuant to this section is based upon a credible threat
---------------------------
<1> This provision would be expressly subject to Government
Code Section 6103.2(b)(4), pertaining to the prepayment of a fee
deposit.
(More)
AB 2695 (Goldberg)
PageE
of violence.
(C) The protective order, restraining order, or injunction is
issued pursuant to Section 6222 of the Family Code."
Current law , operative only until January 1, 2007, requires the
Judicial Council to "prepare and develop application forms for
applicants who wish to avail themselves of the services
described in this subdivision." (Code of Civ. Proc.
527(q)(2).)
Current law , operative January 1, 2007, repeals this provision.
This bill would restore this provision.
Current law 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
employee prohibiting further unlawful violence or threats of
violence by that individual." (Code of Civ. Proc. 527.8(a).)
This bill additionally would authorize a temporary restraining
order and an injunction under this section for "at the
discretion of the court, any number of other employees at the
workplace, and, if appropriate, other employees at other
workplaces of the employer."
Current law provides that in "the discretion of the court, and
on a showing of good cause, a temporary restraining order or
injunction issued under (the above cited section, Section 527.8)
may include other named family or household members who reside
with the employee." (Code of Civ. Proc. 527.8(e).)
This bill would expand this provision to include "other persons
employed at his or her workplace or workplaces."
This bill additionally would provide that as specified, "there
shall be no fee for the service of process of a temporary
(More)
AB 2695 (Goldberg)
PageF
restraining order or injunction to be issued pursuant to this
section if either of the following conditions apply:
(A) The temporary restraining order or injunction issued
pursuant to this section is based upon stalking, as prohibited
by Section 646.9 of the Penal Code.
(B) The temporary restraining order or injunction issued
pursuant to this section is based upon a credible threat of
violence."
This bill would require the Judicial Council to "prepare and
develop application forms for applicants who wish to avail
themselves of the services described in this subdivision."
Family Code Provisions
Current law provides that, until the applicable provision
sunsets on January 1, 2007, there "is no filing fee for an
application, a responsive pleading, or an order to show cause
that seeks to obtain, modify, or enforce a protective order or
other order authorized by (the Family Code, as specified) if the
request for the other order is necessary to obtain or give
effect to a protective order. There is no fee for a subpoena
filed in connection with that application, responsive pleading,
or order to show cause." (Family Code 6222.)
Current law further provides that, until January 1, 2007,
"(f)ees otherwise payable by a petitioner to a law enforcement
agency for serving an order issued under (the Family Code, as
specified) may be waived in any case in which the petitioner has
requested a fee waiver on the initiating petition and has filed
a declaration that demonstrates, to the satisfaction of the
court, the financial need of the petitioner for the fee waiver.
If the petitioner is not eligible for the fee waiver pursuant to
this subdivision, he or she may be eligible (as specified,) . .
. ." (Id.)
This bill would provide that, there "is no filing fee for an
application, a responsive pleading, or an order to show cause
that seeks to obtain, modify, or enforce a protective order or
(More)
AB 2695 (Goldberg)
PageG
other order authorized by (the Family Code, as specified) when
the request for the other order is necessary to obtain or give
effect to a protective order. There is no fee for a subpoena
filed in connection with that application, responsive pleading,
or order to show cause."
Government Code Provisions
Current law generally provides that state and local governments
do not pay fees for the filing of documents, the performance of
official services, or for filing certain court documents, as
specified. (Govt. Code 6103.)
Current law enumerates circumstances where this section does not
apply. (Govt. Code 6103.1 et seq.) Current law further
identified circumstances under which a sheriff or marshal, in
connection with the service of process or notices, may require
that fees be prepaid, as specified. (Govt. Code 6103.2.)
Current law , operative until January 1, 2007, provides that the
"requirement for prepayment of a fee deposit does not apply to
the orders or injunctions described in paragraph (1) of
subdivision (q) of Section 527.6 of the Code of Civil Procedure.
However, a sheriff, marshal, or constable may submit a billing to
the superior court for payment of fees in the manner prescribed
by the Judicial Council. The fees for service, cancellation of
service, and making a not found return may not exceed the amounts
provided in Sections 26721, 26736, and 26738, respectively, and
are subject to the provisions of Section 26731."
Current law , operative January 1, 2007, would repeal this
provision.
This bill would provide that, as specified, "there shall be no
fee for the service of process of a temporary restraining order
or injunction to be issued pursuant to this section if either of
the following conditions apply:
(A) The temporary restraining order or injunction issued
pursuant to this section is based upon stalking, as prohibited
(More)
AB 2695 (Goldberg)
PageH
by Section 646.9 of the Penal Code.
(B) The temporary restraining order or injunction issued
pursuant to this section is based upon a credible threat of
violence."
This bill would require the Judicial Council to "prepare and
develop application forms for applicants who wish to avail
themselves of the services described in this subdivision."
COMMENTS
1. Stated Need for This Bill
The author's office has provided information in support of this
bill, including the following:
. . . AB 2695 ensures that a $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. AB 2695 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.
This bill also seeks to expand the scope of
protective orders, to better protect and defend
workers at their places of work. This bill will
allow employers to seek orders that protect multiple
work sites and orders that protect multiple
employees. 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, 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.
(More)
AB 2695 (Goldberg)
PageI
(More)
AB 2695 also deletes the sunset on portions of AB 2030
(Goldberg), Chapter 1009, Statutes of 2002, which
waives sheriff's fees for service of process of a
protective order, restraining order, or injunction
involving stalking, credible threats of violence
resulting from a threat of sexual assault, domestic
violence, marital dissolution, or a child custody
matter. In addition, this proposal will also expand
the types of protective orders service fees that are
waived to also include workplace violence and elder
abuse protective orders. This legislation ensures the
waiver of the service fees that sheriffs charge
litigants, in advance, for service of restraining
orders, and will enable California to comply with the
federal statutory requirements to remain eligible to
receive VAWA STOP funds.
2. What This Bill Would Do: Domestic Violence Mandatory
Probation Provisions
This bill would extend for three years the sunset enacted in the
author's AB 352 from 2003, which enacted the following
provisions in the current law imposing mandatory conditions of
probation for persons granted probation for domestic violence
crimes; under current law, the following provisions are in
effect only until January 1, 2007:
The minimum payment required from persons who are
granted probation for a domestic violence crime is
$400 (with ability to pay provisions), which under
current law will go back to $200 on January 1, 2007
if this bill is not enacted;
Provide that the county portion of these funds is
2/3, and the state's portion 1/3, as specified,
which under current law will reverse on January 1,
2007 if this bill is not enacted.
SHOULD THESE PROVISIONS BE EXTENDED FOR AN ADDITIONAL 3 YEARS?
(More)
AB 2695 (Goldberg)
PageK
3. Remaining Provisions within the Jurisdiction of Senate
Judiciary Committee
This bill, which contains several other provisions beyond the
jurisdiction of this Committee, has been double-referred to
Senate Judiciary Committee.
***************