BILL ANALYSIS
AB 1360
Page 1
ASSEMBLY THIRD READING
AB 1360 (John A. Perez)
As Introduced February 27, 2009
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 14-3
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|Ayes:|Solorio, Hagman, |Ayes:|De Leon, Ammiano, Charles |
| |Furutani, Gilmore, Hill, | |Calderon, Davis, Fuentes, |
| |Ma, Skinner | |Hall, Miller, |
| | | |John A. Perez, Price, |
| | | |Skinner, Solorio, Audra |
| | | |Strickland, Torlakson, |
| | | |Krekorian |
| | | | |
|-----+--------------------------+-----+-----------------------------|
| | |Nays:|Nielsen, Duvall, Harkey |
| | | | |
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SUMMARY : Expands the categories of relationships that
constitute felony domestic violence resulting in a traumatic
condition to include former fianc?s/fianc?es, as well as current
and former dating relationships.
EXISTING LAW :
1)Provides any person who willfully inflicts upon a person who
is his or her spouse, former spouse, cohabitant, former
cohabitant, or the mother or father of his or her child,
corporal injury resulting in a traumatic condition, is guilty
of a felony, and upon conviction thereof shall be punished by
imprisonment in the state prison for two, three, or four
years, or in a county jail for not more than one year, or by a
fine of up to $6,000 or by both that fine and imprisonment.
2)States that holding oneself out to be the husband or wife of
the person with whom one is cohabiting is not necessary to
constitute cohabitation as the term is used in this section.
3)Defines a "traumatic condition" a condition of the body, such
as a wound or external or internal injury, whether of a minor
or serious nature, caused by a physical force.
AB 1360
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FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown, moderate annual General Fund costs,
potentially in excess of $150,000 for increased state prison
commitments. The same penalty, however, can be achieved by
charging under Penal Code 245 (assault with a deadly weapon or
force likely to cause bodily injury), which would significantly
mitigate the cost of new commitments. Because this section
provides for longer state prison sentences for repeat offenses
of this section, this bill could increase annual costs in the
out-years.
COMMENTS : 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.
"Specifically, this bill adds to the list of persons who
can be charged with felony domestic violence a defendant
who is a fianc? or fianc?e, or a person with whom he or she
currently has, or previously had, a dating or engagement
relationship.
"The prevalence of domestic violence has been an
increasingly important focus of the Legislature and law
enforcement as California has witnessed rates of domestic
violence increase. In order to adequately respond to cases
of domestic violence, state laws must be consistent with
respect to who qualifies for this crime.
"The exclusion of these relationships makes the felony
domestic violence statute inconsistent with other domestic
violence laws with respect to who may qualify for that
crime. Under current law, the list of individuals covered
by California's misdemeanor domestic violence law [Penal
Code Section 243(e)(1)] is significantly broader than the
individuals covered by our felony domestic violence law
(Penal Code Section 273.5).
"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
AB 1360
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and treatment requirements that other domestic abusers are
subject to upon conviction. For example, if probation is
granted, the conditions of probation may include: (a) That the
defendant make payments to a battered women's shelter, up to a
maximum of $5,000, pursuant to Section 1203.097, and/or (b) 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 seven-year period;
requirement that an individual participate in a one-year
batterers treatment program.
"State law also requires that domestic violence crimes track
annual deaths when the deceased was a current or former spouse,
current or former fianc? or fianc?e, or current or former dating
partner (Penal Code Section 11163.6). This discrepancy in the
felony domestic violence statute impacts the reporting of
domestic violence cases. By not including the same
relationships in the Penal Code Section 273.5 that are used for
annual reporting, the state relies on inaccurate domestic
violence statistics.
"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."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0001124