BILL ANALYSIS
AB 2011
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Date of Hearing: April 14, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2011 (Arambula) - As Introduced: February 17, 2010
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill reinstates the $400 mandatory minimum fine imposed on
persons granted probation for a domestic violence offense
(current law provides for a $200 minimum fine). If, after a
hearing, the court finds the defendant lacks the ability to pay,
the court may reduce or waive this fee.
One-third of the fine proceeds fund domestic violence centers;
the remainder is deposited in equal amounts in the Domestic
Violence Restraining Order Reimbursement Fund, within the
Department of Justice (DOJ), and the Domestic Violence Training
and Education Fund, within the Department of Public Health
(DPH).
(The $400 fine was reduced to $200 effective January 1, 2010. It
was increased to $400 in 2003 by AB 352 (Goldberg), and the
sunset on the $400 was extended to Jan. 1, 2010 in 2007 by AB
2695 (Goldberg). This bill restores the $400 fine, with no
sunset.)
FISCAL EFFECT
Ongoing additional fine revenues in the range of $1.7 million.
Initial estimates from the State Controller's Office regarding
the fine collections for January 2010 at the reduced level of
$200 indicate fine remittances are coming in at less than half
of the level collected under the $400 fine, which would result
in a total collection of about $1.3 million annually at the $200
level, compared with about $3 million 2009.
AB 2011
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Even at the $400 level, total collections are down significantly
in recent years, presumably due to the economy and offenders'
inability to pay.
COMMENTS
1)Rationale . The author and sponsor, the governor's Office of
Research and Planning, contend the $400 fine level is
appropriate and necessary to maintain existing programs.
According to the author, "While the state and local
governments struggle to rebound from the economic recession
and meet their existing obligations, it is premature to reduce
an appropriate source of domestic violence funding. The fee
collected from perpetrators allows victims, who escape abusive
relationships, the opportunity to access programs and services
that help guide them to a new start."
2)Opposition . The Public Defenders Association contends that a
lower fine is more appropriate, given economic conditions.
Supporters counter the court may waive or reduce the fee based
on ability to pay.
3)Amendment . The author will propose adding an urgency clause.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081