BILL ANALYSIS
AB 688
Page 1
Date of Hearing: April 29, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 688 (Eng) - As Introduced: February 26, 2009
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill clarifies that a peace officer may not release a
person on his or her own recognizance, as specified, when
arrested for a misdemeanor violation of a domestic violence
protective order.
FISCAL EFFECT
Minor, potentially state-reimbursable local law enforcement and
detention costs. This bill is a clarification of conflicting
code sections, largely reflects current practice, and will not
result in a large number of additional hearings or holds. To the
extent this bill, however, results in additional law enforcement
costs, these costs are potentially state-reimbursable as this
bill does not create a new crime or change the penalty for a
crime, thus making the mandate ineligible for a crimes and
infractions disclaimer.
COMMENTS
1)Rationale . Current law requires that a person arrested for a
misdemeanor need not be taken before a magistrate and may be
released on his or her own recognizance. If a person is
arrested for a misdemeanor violation of a protective order
involving domestic violence, involving violence, threats to
cause harm, or if the arrestee has gone to the victim's home
or workplace, however, the arrestee must be taken before the
court before being released (Penal Code Sec 1270.1(a)). Under
Penal Code Sec 853.6(a), however, this is not the case if the
arresting officer determines it is not likely the arrestee
will continue or resume the offense and that persons or
AB 688
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property would not be endangered by release.
The author's intent is to strike the provisions authorizing an
officer to release a person arrested for violating a
restraining order without a hearing.
2)Support . According to the L.A. District Attorney's Office and
the L.A. County Sheriff's Department, due to an inconsistency
in law regarding arrest procedures for misdemeanor arrests for
domestic violence, there has been confusion as to which
section to follow. Peace officers often refer to the standard
misdemeanor release section (Penal Code Sec 853.6) for
guidance in the release of misdemeanor arrestees. This
section, however, does not reference Section 1270.1, a more
recent revision to the code. Section 853.6 has never been
updated to reflect the new law regarding the misdemeanor
domestic violence arrest and release procedures. This bill
accomplishes this objective.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081