BILL ANALYSIS �
SJR 20
Page 1
Date of Hearing: June 12, 2012
Counsel: Sandy Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SJR 20 (Evans) - As Amended: June 6, 2012
SUMMARY : Urges Congress to pass Senate Bill No. 1925, the
Violence Against Women Reauthorization Act of 2011, and ensure
the sustainability of vital programs designed to keep women and
families safe from violence. Specifically, this resolution :
1)Declares all of the following:
a) The Violence Against Women Act (VAWA) was developed with
the input of advocates from around the country and from all
walks of life, and addresses the real and most important
needs of victims of domestic violence, sexual assault,
dating violence, and stalking. VAWA is responsive,
streamlined, and constitutionally and fiscally sound, while
providing strong accountability measures and appropriate
federal government oversight.
b) VAWA represents the voices of women and their families,
and the voices of victims, survivors, and advocates.
c) VAWA was first enacted in 1994, and has been the
centerpiece of the federal government's efforts to stamp
out domestic and sexual violence. Critical programs
authorized under VAWA include support for victim services,
transitional housing, and legal assistance.
d) Domestic violence, sexual assault, dating violence, and
stalking, once considered private matters to be dealt with
behind closed doors, have been brought out of the darkness.
e) VAWA has been successful because it has had consistently
strong, bipartisan support for nearly two decades.
f) The Violence Against Women Reauthorization Act will
provide a five-year reauthorization for VAWA programs, and
reduce authorized funding levels by more than $144 million,
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or 19%, from the law's 2005 authorization.
g) While annual rates of domestic violence have dropped
more than 50 percent, domestic violence remains a serious
issue. Every day in the United States, three women are
killed by abusive husbands and partners. In California, in
2010, there were 166,361 domestic violence calls, including
more than 65,000 that involved a weapon.
h) The Violence Against Women Reauthorization Act includes
several updates and improvements to the law, including the
following:
i) An emphasis on the need to effectively respond to
sexual assault crime by adding new purpose areas and a
25% set aside in the STOP (Services, Training, Officers,
and Prosecutors) Violence Against Women Formula Grant
Program (STOP Program) and the Grants to Encourage Arrest
Policies and Enforcement of Protection Orders Program.
ii) Improvements in tools to prevent domestic violence
homicides by training law enforcement, victim service
providers, and court personnel to identify and manage
high-risk offenders and connecting high-risk victims to
crisis intervention services.
iii) Improvements in responses to the high rate of
violence against women in tribal communities by
strengthening concurrent tribal criminal jurisdiction
over perpetrators who assault Indian spouses and dating
partners in Indian countries.
iv) Measures to strengthen housing protections for
victims by applying existing housing protections to nine
additional federal housing programs.
v) Measures to promote accountability to ensure that
federal funds are used for their intended purposes.
vi) Consolidation of programs and reductions in
authorization levels to address fiscal concerns, and
renewed focus on programs that have been most successful.
vii) Technical corrections to update definitions
throughout the law to provide uniformity and continuity.
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i) There is a need to maintain services for victims and
families at the local, state, and federal levels.
Reauthorization would allow existing programs to continue
uninterrupted, and would provide for the development of new
initiatives to address key areas of concern. These
initiatives include the following:
i) Addressing the high rates of domestic violence,
dating violence, and sexual assault among women 16 to 24
years of age, inclusive, of age by combating tolerant
youth attitudes toward violence.
ii) Improving the response to sexual assault with best
practices, training, and communication tools for law
enforcement, as well as health care and legal
professionals.
iii) Preventing domestic violence homicides through
enhanced training for law enforcement, advocates, and
others who interact with those at risk. A growing number
of experts agree that these homicides are predictable,
and therefore preventable, if we know the warning signs.
2)Urges Congress to pass the Violence Against Women
Reauthorization Act of 2011 and ensure the sustainability of
vital programs designed to keep women and families safe from
violence.
3)Requires the Secretary of the Senate to transmit copies of
this resolution to the President and Vice President of the
United States, to the Speaker of the House of Representatives,
to the Majority Leader of the Senate, and to each Senator and
Representative from California in the Congress of the United
States, and to the author for appropriate distribution.
EXISTING FEDERAL LAW : VAWA was enacted in Congress in 1994 and
reenacted in 2000 and 2005. VAWA was the first comprehensive
legislative package that focused on violence against women and
their children. VAWA created new legal tools and grant programs
addressing domestic violence, sexual assault, stalking and
related issues. �See generally Violent Crime Control and Law
Enforcement Act of 1994, Pub.L. No. 103-322 (Sept. 13, 1994) 108
Stat. 1902; Victims of Trafficking and Violence Protection Act
of 2000, Pub.L. No. 106-386 (Oct. 28, 2000) 114 Stat. 1464;
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Violence Against Women and Department of Justice Reauthorization
Act of 2005, Pub.L. No. 109-162 (Jan. 5, 2006) 119 Stat. 2960.]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, this resolution
"SJR 20 encourages Congress to pass the Senate version of
Violence Against Women Act (VAWA) reauthorization (S.1925).
It is crucial for California's many programs that rely on VAWA
funding that it be reauthorized.
"VAWA, first enacted in 1994, has been the centerpiece of the
federal government's efforts to stamp out domestic and sexual
violence. Critical programs authorized under VAWA include
support for victim services, transitional housing, and legal
assistance. Over 11.5 million dollars flows into California
for peace officer response and training, rape crisis centers,
and education to bring awareness to domestic and sexual
assaults.
"VAWA has been successful because it has consistently had strong
bipartisan support for nearly two decades. But, while annual
rates have dropped more than 50 percent, domestic violence
remains a serious issue. Every day in the United States,
three women are killed by abusive husbands and partners. In
California, there were 166,361 domestic violence calls in
2010, including more than 65,000 that involved a weapon."
2)Argument in Support : According to the American Association of
University Women (AAWU) - California Chapter , "Violence
against women has devastating consequences for the victims,
their families, and society as a whole. Domestic violence,
dating violence, sexual assault, and stalking are serious
crimes and victims deserve access to life-saving services.
The Violence Against Women Act, enacted in 1994, is at the
core of our nation's response to these insidious and pervasive
crimes and creates and supports comprehensive, effective and
cost saving responses. Programs funded by this critical
legislation equip law enforcement, prosecutors and judges with
the tools they need to hold offenders accountable and keep
communities safe while supporting victims.
"The reauthorization of VAWA gives Congress a unique opportunity
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to continue and expand successful programs that further the
safety and stability of the lives of survivors of domestic
violence. VAWA programs such as the National Domestic
Violence Hotline contribute to the decline in domestic
violence. In recent years the success of these programs has
resulted in a growing demand for services, with more victims
and their families being referred to agencies every day. VAWA
must be swiftly reauthorized to ensure the continuation of
these vital, lifesaving programs and laws.
"If Congress does not reauthorize and strengthen VAWA, thousands
of local communities, law enforcement agencies, prosecutors
and victims assistance programs will lose valuable Federal
support. It is critical that the SB 1925 version of VAWA
pass. As explained in the attached from AAUW to
Representatives in Congress, the newly introduced H.R. 4970
has many fatal flaws as does not provide adequate protections.
"Without VAWA programs, women and children in California cannot
access the services they need to escape from violence. AAUW
California remains strongly committed to positively and
effectively advocating ending domestic violence in our
communities by funding Violence Against Women Act programs.
AAUW California supports efforts to create practical solutions
to enhance collaboration between victim service organizations
and civil legal assistance providers, as well as to strengthen
and improve the response of the criminal justice and legal
systems for survivors of domestic violence, dating violence,
sexual assault and stalking."
REGISTERED SUPPORT / OPPOSITION :
Support
American Association of University Women - California
California Coalition Against Sexual Assault
California National Organization for Women
California Partnership to End Domestic Violence
Junior Leagues of California
Opposition
None
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Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744