BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 218|
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UNFINISHED BUSINESS
Bill No: SB 218
Author: Solis (D), et al
Amended: 9/7/99
Vote: 21
SENATE JUDICIARY COMMITTEE : 7-0, 4/6/99
AYES: Burton, Escutia, O'Connell, Peace, Sher, Wright,
Schiff
NOT VOTING: Haynes, Morrow
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 4/13/99
AYES: Vasconcellos, Burton, Johnston, McPherson, Rainey
NOT VOTING: Polanco
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 26-5, 5/25/99
AYES: Alarcon, Alpert, Bowen, Burton, Chesbro, Costa,
Dunn, Escutia, Figueroa, Hayden, Hughes, Johnston,
Karnette, McPherson, Murray, O'Connell, Ortiz, Perata,
Polanco, Rainey, Schiff, Sher, Solis, Speier,
Vasconcellos, Wright
NOES: Kelley, Knight, Monteith, Morrow, Mountjoy
NOT VOTING: Baca, Brulte, Haynes, Johannessen, Johnson,
Leslie, Lewis, Peace, Poochigian
ASSEMBLY FLOOR : 62-12, 9/10/99 - See last page for vote
SUBJECT : Domestic violence: firearm seizures:
penalties: additional reforms
SOURCE : Los Angeles City Attorney's Office
CONTINUED
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DIGEST : This bill makes numerous changes to improve the
effectiveness of domestic violence protective orders (DVPO)
and provides greater security and protection for victims of
domestic violence.
Assembly Amendments :
1.Add coauthors.
2.Authorize, rather than requires, the court to order an
individual to participate in a batterer's program.
3.Require collaboration in putting together a list of
referrals to/for local domestic violence programs.
4.Prohibit an individual subject to a restraining order
from owning, possessing or purchasing a firearm.
5.Require the court to impose specified conditions of
probation in cases of domestic violence as well as
imprisonment in a county jail.
6.Provide that it is a misdemeanor to possess a firearm
knowing that he/she is subject to a protective order, and
makes related changes.
7.Provide that it is a misdemeanor to possess a firearm
knowing that he/she is subject to a protective order, and
makes related changes.
8.Requires the Judicial Council to provide notice of on all
protective orders in cases where the individual cannot
own or possess a firm.
9.Adds double-join language.
ANALYSIS : This bill:
1.Permits courts to issue unofficial translations of orders
or documents issued pursuant to the Domestic Violence
Prevention Act and directs the Judicial Council to
prepare forms that relate to domestic violence prevention
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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 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, and
provides criminal penalties for violations of this
provision.
1.Exempts from criminal penalties any person restrained by
a DVPO that must possess a firearm as a condition of
employment provided certain requirements are met.
2.Requires the court to give verbal notice to the
restrained party that possession of a firearm is
prohibited, or requires that the notice be printed in
bold on the face of the DVPO.
3.Provides grounds for contempt for willfully disobeying of
an out-of-state court order issued to a party alleging
domestic violence.
4.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.
5.Allows the court to appoint a guardian ad litem to
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receive service of a subpoena on a minor.
6.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.
7.Establishes uniform reporting criteria for domestic
violence death review teams.
8.Establishes minimum punishments and parole conditions for
subsequent convictions of battery, sexual assault, or
assault upon an officer.
9.Makes several other technical changes to the law
regarding DVPOs.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/19/99 -- Unable to reverify at
time of writing)
Alliance Against Family Violence & Sexual Assault
Asian Law Alliance
Asian Pacific American Legal Center of Southern California
AVANCE Human Services, Inc.
Baldwin Park Chief of Police
California Alliance Against Domestic Violence
California Alliance Against Domestic Violence Communities
of Color Program
California Child, Youth and Family Coalition
California Commission on the Status of Women
California Organization for Women
California Peace Officers' Association
California Police Chiefs' Association
California Psychiatric Association
California State Sheriffs' Association
California Women Lawyers
California Women's Law Center
Chief of Police of the City of Baldwin Park
Children's Advocacy Institute
City of Los Angeles
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Coalition for Family Equity
Defensa de Mujeres/Women's Crisis Support
Family Law Section, State Bar of California
Family Service Council of California
Family Violence Project of Jewish Family Service
Frieda Rapoport Caplan, Founder and Chairman of Frieda's
Haven Women's Center of Stanislaus
House of Ruth
Human Options: Alternatives for Abused Women and their
Children
Jewish Family Service of Los Angeles
Judge Conrad R. Aragon, East Los Angeles Municipal Court
Junior League of Los Angeles, Inc.
Kamilat
Korean Health, Education, Information & Research Center
La Casa de las Madres
Laura's House
Law Offices of Nancy Hormachea
Los Angeles Commission on Assaults Against Women
March of Dimes
Marin Abused Women's Services
Napa Emergency Women's Services
Next Door Solutions to Domestic Violence
Older Women's League of California
Peace & Joy Care Center
Project INFO Community Services, Inc.
Richard A. LeGarra
Sacramento County Sheriff's Department
State Department of Justice
Support Network for Battered Women
The Riley Center of St. Vincent De Paul Society
Trauma Foundation
Tri-Valley Haven
Women For:
Women Lawyers Association of Los Angeles
Women Shelter of Long Beach
Women's and Children's Crisis Shelter, Inc.
Women's Crisis Support
YWCA Legal Advocacy Program
YWCA of Greater Los Angeles
YWCA of San Diego County
OPPOSITION : (Verified 5/19/99 -- Unable to reverify
at time of writing)
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California Rifle and Pistol Association, Inc.
Coalition of Parent Support
ASSEMBLY FLOOR : 62-12, 9/10/99
AYES: Alquist, Aroner, Ashburn, Bates, Battin, Baugh,
Bock, Calderon, Campbell, Cardenas, Cardoza, Cedillo,
Corbett, Correa, Cox, Cunneen, Davis, Dickerson, Dutra,
Firebaugh, Florez, Frusetta, Gallegos, Havice, Hertzberg,
Honda, Jackson, Keeley, Knox, Kuehl, Leach, Lempert,
Leonard, Longville, Lowenthal, Machado, Maddox,
Maldonado, Mazzoni, McClintock, Migden, Nakano, Olberg,
Rod Pacheco, Papan, Pescetti, Reyes, Romero, Scott,
Shelley, Soto, Steinberg, Strom-Martin, Thomson,
Torlakson, Washington, Wayne, Wesson, Wiggins, Wildman,
Zettel, Villaraigosa
NOES: Aanestad, Ackerman, Baldwin, Brewer, Briggs,
Granlund, House, Kaloogian, Margett, Runner, Thompson,
Wright
NOT VOTING: Ducheny, Floyd, Oller, Robert Pacheco,
Strickland, Vincent
RJG:kb 9/10/99 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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