BILL ANALYSIS
SB 218
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Date of Hearing: June 22, 1999
ASSEMBLY COMMITTEE ON JUDICIARY
Sheila James Kuehl, Chair
SB 218 (Solis) - As Amended: June 17, 1999
SUBJECT : DOMESTIC VIOLENCE PROTECTIVE ORDERS
KEY ISSUES :
1)SHOULD ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTIVE ORDERS BE
STRENGTHENED?
2)SHOULD THE STANDARDS FOR BATTERER'S TREATMENT PROGRAMS BE
RAISED?
3)SHOULD STATE LAW BE CONFORMED TO FEDERAL LAW CONCERNING
OWNERSHIP OR POSSESSION OF FIREARMS BY A PERSON RESTRAINED BY
A DOMESTIC VIOLENCE PROTECTIVE ORDER?
SUMMARY : Makes numerous changes to improve the effectiveness of
domestic violence protective orders (DVPO) and to provide
greater security and protection for victims of domestic
violence. Specifically, this bill :
1)Permits courts to issue unofficial translations of orders or
documents issued pursuant to the Domestic Violence Prevention
Act (Family Code Section 6200 et seq .), and directs the
Judicial Council to prepare forms that relate to domestic
violence prevention in languages other than English.
2)Requires batterer's treatment programs to be approved by the
probation department as provided for in Penal Code Section
1203.097.
3)Makes the following changes to conform state law to federal
law regarding ownership or possession of firearms when subject
to a DVPO:
a)Strikes the requirement of a separate court order to
prohibit a person restrained by a DVPO from owning or
possessing a firearm, so that the prohibition will be
automatic when the DVPO is issued.
b)Removes the court's discretion to allow a shorter or longer
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period of time to relinquish a firearm than the 72 hours
provided for in statute.
c)Requires the person restrained by the DVPO to relinquish
all firearms for the duration of the order or orders, and
removes the court's discretion to order a shorter or longer
period of time.
4)Removes the sunset on the advisory council to the Department
of Health Services, Maternal and Child Health Branch's grant
program to fund domestic violence shelters and services for
victims of domestic violence.
5)Provides grounds for contempt for willfully disobeying of an
out-of-state court order issued to a party alleging domestic
violence.
6)Requires an officer to make an arrest, with or without a
warrant, when responding to a call alleging a violation of a
DVPO, whether or not the violation occurred in the presence of
the officer.
7)Allows the court to appoint a guardian ad litem to receive
service of a subpoena on a minor.
8)Allows members of a county interagency domestic violence death
review team to share confidential or privileged information,
or information that is prohibited from disclosure by statute,
regarding the victim, with other appointed members.
9)Establishes uniform reporting criteria for domestic violence
death review teams.
10)Makes several other technical changes to the law regarding
DVPOs.
EXISTING LAW :
1)Requires court proceedings to be conducted only in English.
(Code of Civil Procedure section 185.)
2)Permits a court to order any party to attend a batterer's
treatment program after notice and a hearing if it finds that
domestic violence has occurred in the household. (Family Code
section 6343.)
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3)Allows the court to issue an order prohibiting a person
restrained by a DVPO from owning or possessing a firearm, and
sets time limits for compliance that may be changed at the
discretion of the court. (Family Code section 6389.)
4)Creates an advisory council to advise the Department of Health
Services, Maternal and Child Health Branch in awarding grants
to fund domestic violence shelters and services for victims of
domestic violence, and terminates the council on January 1,
1998. (Health and Safety Code section 124250.)
5)Provides for contempt of court for willfully disobeying a DVPO
issued by a court of this state. (Penal Code section 166.)
6)Permits an officer to make an arrest, with or without a
warrant, when responding to a call alleging a violation of a
DVPO, whether or not the violation occurred in the presence of
the officer. (Penal Code section 836.)
7)Authorizes a subpoena for a minor to be served on the minor's
parent or guardian. (Penal Code section 1328.)
8)Permits counties to establish interagency domestic violence
death review teams, and requires certain experts and other
officials to serve on the team. (Penal Code section 11163.3.)
FISCAL EFFECT : Unknown
COMMENTS : The author introduced this bill to address a number
of issues regarding California's domestic violence laws. The
bill focuses on several key areas which are dealt with
individually below.
Restraining Orders : This bill requires that out-of-state
domestic violence restraining orders be accorded the full force
of the law in the same manner as DVPOs issued by a court of this
state. Foreign orders issued while a trial is pending shall be
enforced in this state, and the court is authorized to use its
contempt powers to enforce a foreign order issued to a party
alleging domestic violence. This bill also requires officers to
make an arrest when responding to a call regarding a violation
of a DVPO. Finally, this bill permits DVPOs and other related
documents to be printed in languages other than English.
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Firearms : California law prohibits a person restrained by a
DVPO from purchasing a firearm, but does not currently
incorporate other restrictions contained in federal law. This
bill conforms California law to the federal law by prohibiting a
person restrained by a DVPO from owning or possessing a firearm
for the duration of the term of the DVPO. This bill also
requires law enforcement to remove any firearms at the scene of
a domestic violence incident, or any firearms found after a
consensual search.
Batterer's Treatment Programs : Courts may order a perpetrator
of domestic violence to attend counseling, but there are no
minimum standards in statute regarding the quality or duration
of the counseling. This bill requires batterer's treatment
programs to be approved by the county probation department
pursuant to the detailed standards set out in Penal Code section
1203.097.
Arguments in Support : Supporters of this bill note that
domestic violence is the second leading cause of injury to women
over all, and the leading cause of injury to women between the
ages of 15 and 44. By removing guns from batterers who are the
subject of a domestic violence restraining order and providing
more uniform enforcement throughout the state, this bill could
save the lives of many women.
Arguments in Opposition : The California Rifle and Pistol
Association (CRPA) argues that this bill removes too much
discretion from law enforcement and the court by requiring
batterers to be disarmed. CRPA believes that current laws that
allow for a case-by-case determination of which violent persons
should be disarmed are preferable. The Coalition of Parent
Support (COPS) opposes almost every provision of the bill. COPS
argues that batterer's treatment programs are ineffective and
"consist mainly of political propaganda" and should not be
expanded. COPS believes that women's shelters are a haven for
kidnappers and routinely fail to report child abuse. Finally,
COPS asserts that Death Review Teams are "an institution of
dubious merit." In particular, the one operated by Santa Clara
County "exists for the sole purpose of propagandizing, to the
detriment of traditional rights of privacy and confidentiality."
REGISTERED SUPPORT / OPPOSITION :
Support
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Women's and Children's Crisis Shelter, Inc.
Richard A. LeGarra, Chief of Police of the City of Baldwin Park;
Older Women's League of California
YWCA of Greater Los Angeles
Korean Health, Education, Information & Research Center
Jewish Family Service of Los Angeles
Los Angeles Commission on Assaults Against Women
California Women's Law Center
Women Against Gun Violence
City of Los Angeles
California State Sheriffs' Association
Family Service Council of California
California Psychiatric Association
Frieda Rapoport Caplan, Founder and Chairman of Frieda's
AVANCE Human Services, Inc.
California Alliance Against Domestic Violence
Communities of Color Program
Law Offices of Nancy Hormachea
House of Ruth
Family Violence Project of Jewish Family Service
Peace & Joy Care Center
Napa Emergency Women's Services
Kamilat
Alliance Against Family Violence & Sexual Assault
Next Door Solutions to Domestic Violence
The Riley Center of St. Vincent De Paul Society
Laura's House
La Casa de las Madres
Haven Women's Center of Stanislaus
Coalition for Family Equity
Women Lawyers Association of Los Angeles
Junior League of Los Angeles, Inc.
WomenShelter of Long Beach
Support Network for Battered Women
California Organization for Women (NOW)
California Commission on the Status of Women
Children's Advocacy Institute (CAI)
Tri-Valley Haven
Judge Conrad R. Aragon, East Los Angeles Municipal Court
Marin Abused Women's Services
March of Dimes
Project INFO Community Services, Inc.
Defensa de Mujeres/Women's Crisis Support
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Human Options: Alternatives for Abused Women and their Children
Women For:
YWCA Legal Advocacy Program
California Women Lawyers
Asian Law Alliance
Opposition
Coalition of Parent Support
California Rifle and Pistol Association
Analysis Prepared by : Syrus Devers / JUD. / (916) 319-2334