BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 910
                                                                  Page  1

          Date of Hearing:   June 18, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    SB 910 (Pavley) - As Amended:  March 24, 2014 

          Policy Committee:                             Public Safety  
          Vote:        7-0 

          Urgency:     No                   State Mandated Local Program:   
          Yes    Reimbursable:              No

           SUMMARY  

          This bill expands the definition of domestic violence for  
          purposes related to a court's ability to issue restraining  
          orders in domestic violence cases during criminal proceedings  
          and upon conviction of domestic violence offenses. Specifically,  
          this bill includes abuse perpetrated against the following  
          persons:

          1)Cohabitants and former cohabitants, defined more broadly.

          2)A person with whom the respondent has a child, where the  
            presumption applies that the male parent is the father of the  
            child of the female parent, as specified. 

          3)A child of a party or a child who is the subject of an action  
            under the Uniform Parentage Act, where the presumption applies  
            that the male parent is the father of the child to be  
            protected.

          4)Any other person related by consanguinity or affinity within  
            the second degree.

           FISCAL EFFECT  

          Minor administrative court costs and potential nonreimbursable  
          local law enforcement costs to the extent the definitional  
          expansion results in additional persons violating restraining  
          orders. 

           COMMENTS  









                                                                  SB 910
                                                                  Page  2

           Rationale  . Under existing law, the Penal Code defines domestic  
          violence as abuse committed against an adult or a minor who is a  
          spouse, former spouse, cohabitant or former cohabitant, as  
          defined, or person with whom the suspect has a child or has had  
          a dating relationship. 

          According to the author and the sponsor of the bill, the L.A.  
          District Attorney's Office, the current definition is too narrow  
          as it does not cover children. To address this issue, the bill  
          adds a reference to Family Code section 6211 which defines  
          domestic violence as abuse perpetrated against a spouse or  
          former spouse, a cohabitant or former cohabitant, as defined, a  
          person with whom the respondent has had a child, as specified, a  
          child of a party or a child who is the subject of an action  
          under the Uniform Parentage Act, where the presumption applies  
          that the male parent is the father of the child to be protected,  
          or any other person related by blood or marriage within the  
          second degree. 

           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081