Bill Number/

Author

Content

Status/

Comments

Position

AB 593

(MA)

Habeas

Corpus

This bill would remove the sunset provision regarding a writ of habeas corpus based on intimate partner battering. The bill would also provide that a writ of habeas corpus may also be prosecuted if expert testimony relating to intimate partner battering
and its effects was received into evidence but was limited at the trial court proceedings relating to a prisoner’s incarceration for the commission of a violent felony (as defined by the penal code) committed prior to August 29, 1996, and there is a reasonable probability, sufficient to undermine
confidence in the judgment of conviction, that if the testimony had not been limited, the result of the proceedings would have been different.

In Senate Public Safety

Note: Author’s Office contacted regarding use of word “limited.” Author’s office willing to change language

(4/11/12)

KW and others worked with author’s office to change language but not officially amended yet (4/24/12)

Tracking bill, waiting for add’l info on new language

AB 1165

Achadjian

This bill would make an act or omission relating to the approval of the batterer’s treatment programs by the probation department a discretionary act pursuant to Section 820.2 of the Government Code, thereby providing probation departments immunity from liability.

2/12/12

Referred to Senate Judic.

(4/11/12)

AB 1434

(Feuer)

Mandatory

Rptg

Child

Abuse

This bill would add employees of a public or private institution of higher education, as to child abuse or neglect occurring on that institution’s premises or at an official activity of, or program conducted by, the institution, to the list of individuals who are mandated reporters.

Passed Assem. Approps.

On Asm.

Floor

(4/11/12)

Referred to Senate Public Safety (4/19/12)

AB 1440 (Perea)

This bill expands the reporting requirements for county child welfare departments when a child dies due to abuse or neglect. Secifically, this bill:

1)Requires that commencing January 1, 2013, the annual child death report produced by the Department of Social Services(DSS) include:

a) Child death information broken out separately by each county.

b) A comparison of child death information over multiple years.

c) Specific information about whether the child had received child welfare services.

2)Requires the county child welfare department, within 60 days of determining a child’s death was due to abuse or neglect, prepare and submit a report to DSS that includes the followinginformation:

a) An analysis of the circumstances leading to the child’s death.

b) An evaluation of whether or not the child welfare services provided to the child, if any, could have been improved.

c) Recommendations for future improvement.

Assembly Approps. 4/25/12

1st District Requested that we review this bill

AB 1593 (Ma)

Board of Parole Hearings

Would require the Board of Parole Hearings to strongly consider intimate partner battering and its effects that occurred before August 1, 1996 (existing law says 1992) in recommending parole and would disallow consideration of lack of remorse in these cases as a factor against parole suitability.

Referred to Assembly P.S. 2/16/12

AB 1857

(Fong)

Authorizes school districts to provide education programs that promote healthy relationships and prevent teen dating violence to pupils in grades 7 to 12, inclusive, through curricular, extracurricular, and school climate-improvement activities.

Passed Education; Referred to Approps.

(4/11/12)

Referred to Approps Suspense (4/18/12)

DVC rec. Support

See also:

AB1880

AB 1682

Portantino

Sex Crimes- Statute of Limitations

Under Penal Code Section 290, persons convicted of certain sex crimes (and related offenses) are required to register for the rest of their lives while living, working or attending school in California. Under existing law (Penal Code Section 801.1(a)), certain offenses requiring registration including rape, sodomy and lewd and lascivious conduct alleged to have been committed when the victim was under 18, must be commenced prior to the victim’s 28th birthday.

Under existing law, offenses other than rape, sodomy, and lewd and lascivious conduct that require a person to register as a sex offender must be prosecuted within 10 years after the commission of the offense. This bill would extend the period of time within which prosecution must be commenced from 10 years to 15 years.

Existing law provides that regarding sex crimes and certain other crimes, as specified, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively
established by DNA testing if the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type not later than 2 years from the date of the offense. This bill would extend this limitation on the time period for analyzing biological evidence from 2 years to 5 years.

Bill amended on 4/9/12. In Asm. Public Safety

Hearing date 4/24/12

(4/11/12)

DVC rec Support (4/12); will wait for amended language

AB 1740

FEHA Protection

(M. Perez)

This bill would include status as a victim of domestic violence, sexual assault, or stalking as an additional basis upon which the right to seek, obtain, and hold employment cannot be denied under FEHA. Other antidiscrimination provisions include provisions

that make willful discrimination in a recruitment or apprenticeship program on those bases a misdemeanor. “Reasonable accommodation” definition would be modified : may include

either any of the following:

(3) With regard to victims of domestic violence, sexual assault, or stalking, the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, changed workstation, installed lock, assistance in documenting domestic violence, sexual assault, or stalking that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to actual or threatened domestic violence, sexual assault, or stalking.

Hearing – ASM Judiciary 4/17/12 – passed – Referred to Approps

(4/11/12)

AB 1880

(Lara)

Teen Dating Abuse

This bill would require certain school site council or school safety planning committee of middle schools or high schools serving any of grades 6 to 12, inclusive, to consult with local, state, or national organizations with expertise in teen dating abuse prevention and response in developing teen dating abuse procedures and policies of to be included in their comprehensive school safety plan. The required policies and procedures are listed in the bill and include:

“(i) Define teen dating abuse using the definition in Section 32261 and describe warning signs of teen dating abuse perpetration and victimization.

(ii) Prohibit teen dating abuse by any pupil on school grounds, while traveling to and from school or a school-sponsored activity, during the lunch period, which may be on or off campus, and during a school-sponsored activity.

(iii) Specify procedures for responding to warning signs and incidents of teen dating abuse. Procedures for responding to incidents shall consider the context, intent, and effect of the abuse and include protocol for working with the targeted pupil, including providing possible safety, health, and educational accommodations.

The procedures shall also include protocol for working with the alleged offender and for enforcing any civil and criminal protection orders for or against pupils.

(iv) Designate one or more persons as the primary contact persons who are responsible for integrating the teen dating abuse policy with existing policy and programs.

(v) Ensure that the school has staff who are informed about the dynamics of teen dating abuse and are prepared to prevent, recognize, intervene, and respond appropriately to teen dating

abuse.

(vi) Specify a protocol for monitoring and assessing teen dating abuse incidents and responses, as well as teen dating abuse prevention and intervention activities.

(vii) Collaborate with organizations with expertise in teen dating abuse prevention and response in implementing the dating abuse procedures and policies. This collaboration may include, but not

be limited to, efforts to prevent teen dating abuse through age-appropriate curricular and extracurricular activities and school climate improvement activities that are in alignment with current research and best practices.

(viii) Pursuant to Sections 48980 and 48985, provide annual written notice to parents and guardians of pupils of the teen dating

abuse procedures and policies, and how to make a complaint or help their child make a complaint of teen dating abuse.

(ix) Display the notice provided pursuant to clause prominently in school common areas, classrooms, and health services offices, including school-based health centers where applicable, with information about the teen dating abuse procedures and policies and contact information for appropriate school personnel, including counselors and health service

providers, hotline numbers, and service organizations, including domestic violence and teen dating abuse service providers or social and emotional learning experts.

(x) Include a copy of the teen dating abuse procedures and policies in school district and school handbooks.”

The bill would make its provisions operative on July 1, 2013.

4/10/12- amended. Re-referred to Asm. Approps.

Sponsored by CPEDV

Referred to Approps Suspense (4/18/12)

(4/12/12)

DVC rec Support

AB 1899 (Mitchell)

This bill would require students who are victims of trafficking, domestic violence, and other serious crimes , as defined, who have been granted a specified status under federal law, (i.e., granted a “T” or “U” visa) to be exempt from paying nonresident tuition at the California State University and the California Community Colleges, and to be eligible to apply for, and participate in, all student
financial aid programs and scholarships administered by a public postsecondary educational institution or the State of California, to the same extent as individuals who are admitted to the United States
as refugees under specified federal law. The bill would request the University of California to adopt policies that are consistent with the provisions of the bill.
The bill would also require community college districts to waive the fees of those students to the same extent as individuals who are admitted to the United States as refugees under specified federal
law.

Amended on 4/9/12 and re-referred to ASM Approps.

ASM BUSINESS, PROFESSIONS AND CONSUMER PROTECTION

(4/24/2012)

(4/12/12)

AB 2051

(Campos)

Contempt

This bill would amend CCP 1219 – the contempt statute – regarding the section that precludes a court for imposing jail time as punishment for a domestic violence victim who is found in contempt for failure to testify. This bill would provide that before finding a victim of a domestic violence crime in contempt as described in this section, the court may refer the victim for consultation with a domestic violence counselor. The bill further states that “all communications between the victim and the domestic violence counselor that occur as a result of that referral shall remain confidential under Section 1037.2 of the Evidence Code.”

The bill further provides that a prosecutor may refile a case if “the termination of the action was the result of the complaining witness being found in contempt of court as described in subdivision (b) of Section 1219 of the Code of Civil Procedure.”

This bill is sponsored by CDAA in response to SB 1356 (a few years ago). This bill is designed to address some of the issues that have arisen in DV prosecutions as a result of the prior amendment of CCP 1219.

Assembly P.S. (5/8/12)

(4/11/12)

AB 2094

(Butler)

Batterers’ fines

Domestic violence: probation: fee.

Existing law requires, if a person is granted probation for a domestic violence crime, that the terms of the probation include a minimum period of probation of 36 months, a criminal court protective order protecting the victim from further acts of violence or harassment, and a minimum payment by the defendant of $400 for state and local domestic violence programs, among other things. Existing law specifies that the court may reduce or waive the $400 fee if, after a hearing, the court finds that the defendant does not have the ability to pay.

This bill would remove the provision allowing the court to reduce or waive the fee upon a finding that the defendant does not have the ability to pay.

ASM. Public Safety – 4/17/12

Assembly Second Reading (4/24/12)

NOTE – Recommend reading the ASM Comm. Analysis. It sets forth the issues very well.

(4/12/12)

AB 2228

(Hayashi)

FJC’s

Mental

Health

This bill would require the county mental health programs for children,adults and seniors to include services that address the needs of crime victims who seek services at a family justice center, if the county has a family justice center.

3/12/12

Referred to

Comm. on

Health

Hearing – Health Cmte, 4/23/12

Hearing canceled at the request of the author

Note: Penal Code 13750 establishes a two-year pilot for FJCs in the following areas: City of San Diego, City of Anaheim, the County of Alameda and the County of Sonoma.

need add’l info

AB 2441

(Williams)

(Co-Authors in ASM:

Allen, Bradford, Brownley, Eng, Mendoza, Mitchell, Portantino) (Co-authors in Senate: Evans)

Sexually oriented business tax

Sexual assault treatment and prevention: sexually oriented business tax.

Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges.

This bill would impose a tax on the privilege of operating a sexually oriented business, as defined, at the rate of $10 per entry to the business by a customer per visit. The tax would be administered by the State Board of Equalization and would be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. The bill would create the Sexual Assault Treatment and Prevention Fund, and would require that all revenues, less refunds and the costs of the administration of the tax, derived from the tax be transferred to the fund. This bill would provide that moneys in the fund, upon appropriation by the Legislature, be used by the State Department of Public Health and the California Emergency Management Agency for specified purposes related to the treatment and prevention of sexual assault.

The bill was amended to include grants to nonprofit, community-based organizations to support intervention and treatment services for victims of sexual exploitation of human trafficking, including, but not limited to, those that are engaged in work to end and prevent sexual and domestic violence; and grants to nonprofit, community-based organizations to support the intervention and treatment services for victims of sexual assault as part of dating or domestic violence, including, but not limited to, sexual assault services programs, as defined in Section 13837 of the Penal Code, or domestic violence victim service organizations, as defined in Section 1037.1 of the Evidence Code.

Penal Code Section 1203.097 provides that if a person is granted probation for a crime of domestic violence, the terms of probation shall include,
among other provisions, a minimum payment by the defendant of $400.

This bill increases the mandatory fine imposed by Penal Code Section 1203.097 from $400 to $500. This is the

Introduced on 2/24/12

Note: There is another bill pending regarding batterer’s fines.

SB 1433

(Alquist)

Prot.

Orders

The Domestic Violence Prevention Act requires the court, prior to a hearing on the issuance or denial of a protective order, to ensure that a search of specified records and databases is or has been made to determine if the proposed subject of the order has any specified prior criminal convictions or outstanding warrants, is on parole or probation, or is or was the subject of other protective or restraining orders.

This bill would require the court to ensure that the search described above also includes a determination of whether the proposed subject of the order has a registered firearm.

This bill also requires a peace officer serving a protective order that indicates a respondent possesses weapons or ammunition to request that the firearm be immediately surrendered. The bill would also require a person ordered to relinquish a firearm to file a copy of the receipt described above with the local law enforcement agency that served the protective order within 48 hours after being served with the order.

In Senate Public Safety

(4/24/12)

Issue as to effectiveness of legislation given courts in ability to access databases; issue regarding requirement that peace officer request surrender of firearms – instead of making request discretionary

FEDERAL

S 1925 – VAWA

(LEAHY)

Federal Reauthorization of the Violence Against Women Act. The Violence Against Women Act (VAWA), enacted in 1994, recognizes the insidious and pervasive nature of domestic violence, dating violence, sexual assault, and stalking and supports comprehensive, effective and cost saving responses to these crimes. VAWA programs, administered by the Departments of Justice and Health and Human Services, give law enforcement, prosecutors and judges the tools they need to hold offenders accountable and keep communities safe while supporting victims. VAWA reauthorization will ensure the continuation of these vital, lifesaving programs and laws.

Three additional sections: would make federal grants to domestic violence organizations contingent on nondiscrimination against gay, lesbian, and transgender victims; would create rules extending the authority of tribal courts over domestic violence matters; and would provide more visas for abused undocumented women who agree to cooperate with law enforcement.

DVC rec Support (3/12) – for sample letters and fact sheets, www .4 vawa .org

New Legislation

Penal Code Section 1203.097 provides that if a person is granted probation for a crime of domestic violence, the terms of probation shall include, among other provisions, a minimum payment by the defendant of $400.

This bill increases the mandatory fine imposed by Penal Code Section 1203.097 from $400 to $500. This is the

Introduced on 2/24/12

In Senate Public Safety

FEDERAL

Penal Code Section 1203.097 provides that if a person is granted probation for a crime of domestic violence, the terms of probation shall include,
among other provisions, a minimum payment by the defendant of $400.