BILL ANALYSIS �
AB 2094
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2094 (Butler)
As Amended July 2, 2012
Majority vote
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|ASSEMBLY: |74-0 |(May 10, 2012) |SENATE: |36-0 |(July 6, 2012) |
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Original Committee Reference: PUB. S.
SUMMARY : Increases the domestic violence fund fee from a minimum of
$400 to a minimum of $500, and requires the court to state a reason
on the record if it reduces or waives the minimum fee.
The Senate amendments double-joint this bill with AB 1165
(Achadjian) to avoid chaptering issues.
EXISTING LAW :
1)Requires certain conditions be imposed when a person found guilty
of a domestic violence-related offense is granted probation.
2)Requires persons granted probation for a domestic violence-related
offense to make a minimum payment of $400. If, after a hearing in
court on the record, the court finds that the defendant does not
have the ability to pay, the court may reduce or waive this fee.
3)Provides that two-thirds of the moneys collected from the domestic
violence probation fee shall be retained by the counties and
deposited in the Domestic Violence Programs Special Fund, and the
remainder is transferred to the State Controller to be deposited
in equal amounts in the Domestic Violence Restraining Order
Reimbursement Fund and the Domestic Violence Training and
Education Fund.
4)Specifies that the conditions of probation may include, in lieu of
a fine, but not in lieu of the fund payment, one or more of the
following requirements:
a) That the defendant make payments to a battered women's
shelter, up to a maximum of $5,000; or,
b) That the defendant reimburse the victim for reasonable
expenses that the court finds are the direct result of the
AB 2094
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defendant's offense.
5)Defines "domestic violence" as abuse perpetrated against any of
the following persons:
a) A spouse or former spouse;
b) A cohabitant or former cohabitant, as defined in Family Code
Section 6209;
c) A person with whom the respondent is having or has had a
dating or engagement relationship;
d) A person with whom the respondent has had a child;
e) A child of a party; or,
f) Any other person related by consanguinity or affinity within
the second degree.
6)Provides that 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.
7)Provides for increased incarceration and a maximum fine of $10,000
for subsequent convictions of the crime of domestic violence which
occur within seven years of a prior conviction for a domestic
violence-related offense.
8)States that, in addition to any other penalty provided or imposed
under the law, the court shall order the defendant to pay both a
restitution fine and restitution to the victim or victims, if any.
9)Requires the court to assess an additional probation-revocation
restitution fine in the same amount as that imposed for the
restitution fine. This additional fine becomes effective upon the
revocation of probation, and shall not be waived or reduced by the
court, absent compelling and extraordinary reasons stated on
record. Probation-revocation restitution fines shall be deposited
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in the Restitution Fund.
AS PASSED BY THE ASSEMBLY , this bill increased the domestic violence
fund fee from a minimum of $400 to a minimum of $500, and required
the court to state a reason on the record if it reduces or waives
the minimum fee. Specifically, this bill:
1)Increased the domestic violence fund fee imposed on defendants
granted probation for a crime involving a victim of domestic
violence from a minimum of $400 to a minimum of $500.
2)Required the court to provide a statement of reason on the record
if it exercises discretion to reduce or waive the fee.
3)Made a technical, non-substantive change.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "Currently judges are allowed to
determine whether or not to assess certain fees against defendants
who commit the crime of domestic violence. One of these fees is
used to fund domestic violence programs. This bill would continue
court discretion on waiving certain fees against defendants, but
would require the reasoning for the waiving of the fees to be put on
the record."
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0004382