BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
2011 (Arambula)
Hearing Date: 06/28/2010 Amended: 04/15/2010
Consultant: Jacqueline Wong-HernandezPolicy Vote: Public Safety
7-0
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BILL SUMMARY: AB 2011 would raise the mandatory minimum fine
imposed on persons granted probation for a domestic violence
offense from $200 to $400.
This bill contains an urgency clause.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
Raises minimum fine Increased revenue; likely more than
$1,000 annually General*
Special**
Potentially
significant increased revenue Local
*A portion of the fine is distributed to the Domestic Violence
Restraining Order Reimbursement fund, which reimburses local law
enforcement for specified state-mandated local costs. In the
absence of sufficient fines, the General Fund would be used for
reimbursements.
**Domestic Violence Training and Education Fund
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STAFF COMMENTS:
This bill seeks to restore the mandatory minimum fine imposed on
persons granted probation for a domestic violence offense to the
($400) level that existed from January 1, 2004 until January 1,
2010.
AB 352 (Goldberg, 2003) increased the mandatory minimum fine
imposed on persons granted probation for a domestic violence
crime from $200 to $400 until 2007. AB 352 also changed the
allocation formula for these fine monies, from one-third going
to local domestic violence special funds and two-thirds to state
domestic violence special funds to two-thirds local and
one-third state. The change to the allocation formula had no
impact on state revenue, because two-thirds of $200 is the same
amount as one-third of $400 (approximately $133). County fine
revenue quadrupled from approximately $67 per fine, to $267 per
fine; these fines are used for local domestic violence centers
and programs.
AB 2695 (Goldberg 2006) extended the sunset on both the $400
minimum fine, and the allocation changes. The provisions sunset
on January 1, 2010; the minimum fine reverted back to $200, and
the funding allocation formula reverted back to one-third going
to local domestic violence special funds and two-thirds to state
domestic violence special funds. This change did not impact the
state disbursement, but drastically cut the counties'
allocations.
Page 2
AB 2011 (Arambula)
This bill would result in increased revenues to the state and
counties, compared to the current $200 minimum fine and its
funding allocation formula. Staff notes that this bill does not,
however, simply restore the provisions of AB 352 which were in
effect until January 1. This bill raises the minimum fine to
$400, and allocates one-third of the funds to local domestic
violence special funds and two-thirds to the state. Under this
bill, the state would be allocated $267 of every fine, which is
double the amount previously allocated (both under AB 352 and
currently). The counties would receive $133 of each fine, which
is twice as much as they currently receive, but only half as
much as their allocation under the provisions of AB 352.