BILL ANALYSIS
AB 1360
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Date of Hearing: May 6, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 1360 (J. Perez) - As Introduced: February 27, 2009
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill adds former fianc?s/fianc?es and current and former
dating relationships to the list of relationships -
spouse/former spouse, cohabitant/former cohabitant,
mother/father of the offender's child - that constitute felony
domestic violence when corporal injury results in a traumatic
condition. This offense is a wobbler, punishable by up to 1 year
in county jail and/or a fine of up to $6,000, or 2, 3, or 4
years in state prison.
FISCAL EFFECT
1)Unknown, moderate annual GF costs, in excess of $250,000 for
increased state prison commitments. In 2007 and 2008, a
combined 3,817 persons were committed to state prison under
the section amended by this bill. If the definitional
expansion in this bill results in a 1% increase in state
commitments, assuming a mid-range term and full sentence
credits, annual costs could exceed $1 million.
The same penalty, however, can be achieved by charging under
Penal Code Section 245 (assault with a deadly weapon or force
likely to cause bodily injury), which would significantly
mitigate the cost of new commitments.
2)In addition, this section provides for longer state prison
sentences for repeat offenses of this section, which would
further increase the annual cost in the out-years.
COMMENTS
AB 1360
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1)Rationale . The author's intent is to address a perceived
inconsistency between the relationships listed in the
misdemeanor domestic violence statute, and those listed in the
felony statute. According to the author, "AB 1360 seeks to
eliminate an inconsistency in domestic violence laws by
amending Penal Code Section 273.5 to expand the scope of
felony domestic violence to include relationships found in
other domestic violence laws?
"The inclusion of fianc?s or fianc?es, and current or
former dating and engagement partners in Penal Code
Section 273.5 will make the felony statute consistent
with all other domestic violence laws. It will enable
all offenders to be charged with the appropriate crimes
and sentenced to the appropriate punishments. And it
will allow for more accurate statistical reporting of
domestic violence occurrences."
2)Support . Proponents contend the differences between these
lists create a discrepancy in with respect to the protection
of victims. According to the sponsor, the L.A. District
Attorney's Office, "AB 1360 would correct this problem by
expanding the scope of the felony statute to cover the same
list of victims as the misdemeanor statute.
"Because of this flaw, a defendant who commits a felony battery
on his or her fianc?, or fianc?e, or a person with whom the
defendant currently has, or has previously had, a dating or
engagement relationship are not subject to the same
punishments and treatment requirements that other domestic
abusers are subject to upon conviction. (For example, if
probation is granted, the conditions of probation may
include:(1) That the defendant make payments to a battered
women's shelter, up to a maximum of five thousand dollars
($5,000), pursuant to Section 1203.097 and/or (2) That the
defendant reimburse the victim for reasonable costs of
counseling and other reasonable expenses that the court finds
are the direct result of the defendant's offense; Enhanced
penalties for multiple convictions within a 7 year period;
requirement that an individual participate in a one-year
batterers treatment program)."
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081