Bill Text: CA AB81 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public safety: domestic abuse.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Passed) 2013-08-27 - Chaptered by Secretary of State - Chapter 161, Statutes of 2013. [AB81 Detail]

Download: California-2013-AB81-Amended.html

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BILL NUMBER: AB 81	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 24, 2013
	AMENDED IN SENATE  JUNE 13, 2013
	AMENDED IN SENATE  JUNE 12, 2013

INTRODUCED BY   Committee on Budget (Blumenfield (Chair), Bloom,
Bonilla, Campos, Chesbro, Daly, Dickinson, Gordon, Jones-Sawyer,
Mitchell, Mullin, Muratsuchi, Nazarian, Skinner, Stone, and Ting)

                        JANUARY 10, 2013

   An act to amend Sections  29552, 30027.9, 30061, and 30070
of the Government Code, to amend Sections 1170, 1203.2, 3000.08,
3003, 3451, and 13821 of, to amend and repeal Section 326.3 of, and
to add Sections 4019.1 and 5003.2 to, the Penal Code, and to amend
Sections 1955, 1984, 18220, and 18220.1 of the Welfare and
Institutions Code, relating to public safety, and making an
appropriation therefor, to take effect immediately, bill related to
the budget   13701, 13710, and 13730 of the Penal Code,
relating to domestic abuse, and declaring the urgency thereof, to
take effect immediately  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 81, as amended, Committee on Budget. Public  safety.
  safety: domestic abuse.  
   Existing law, as amended by SB 71 of the 2012-13 Regular Session,
authorizes every law enforcement agency in the state to develop,
adopt, and implement written policies and standards for officers,
responses to domestic violence calls, as specified. Existing law, as
amended by SB 71 of the 2012-13 Regular Session, also authorizes law
enforcement agencies to maintain a complete and systemic record of
all protection orders with respect to domestic violence incidents and
to develop a system for recording all domestic violence-related
calls for assistance, including whether weapons were involved. 

   This bill would provide that, if SB 71 of the 2012-13 Regular
Session is enacted and becomes operative, these provisions are
mandatory for law enforcement agencies. By expanding the duties of
local law enforcement agencies, this bill would impose a
state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   (1) Existing law establishes in the State Treasury the Local
Revenue Fund 2011, a continuously appropriated fund, and requires
that its funds be allocated exclusively for public safety services,
as defined. Existing law further establishes the Law Enforcement
Services Account within that fund, and creates the Enhancing Law
Enforcement Activities Subaccount and the Juvenile Justice Subaccount
within the Law Enforcement Services Account.  
   Existing law, commencing with the 2012-13 fiscal year, allocates
specified funds from the Enhancing Law Enforcement Activities
Subaccount to local governments, including to cities and counties
that charge fees to a city, special district, community college
district, college, or university for the booking or detention of a
person arrested and brought to a detention facility of the city or
county, as specified. Existing law also allocates certain percentages
of the moneys deposited in the subaccount as follows: 3.78% to
county sheriffs' departments to enhance law enforcement efforts in
specified counties; 8.35% for use by the California
Multi-Jurisdictional Methamphetamine Enforcement Teams, Multi-Agency
Gang Enforcement Consortium, Sexual Assault Felony Enforcement Teams,
High Technology Theft Apprehension and Prosecution Program, Gang
Violence Suppression Program, and the Central Valley and Central
Coast Rural Crime Prevention Programs, as specified; 30.99% to
specified counties to serve children who are habitual truants,
runaways, at risk of being wards of the court, or under juvenile
court supervision or supervision of the probation department, as
prescribed; and 6.01% to counties that operate juvenile camps and
ranches, based on the number of beds in each camp.  

   Existing law requires each county to establish in the county
treasury a Supplemental Law Enforcement Services Account for the
receipt of all amounts allocated to a county for specified local law
enforcement purposes, including jail construction and operation,
criminal prosecution, and juvenile justice plans. Existing law
requires the Controller to allocate funds to local jurisdictions for
these purposes as annually calculated by the Director of Finance.
 
   Existing law establishes the Youthful Offender Block Grant Special
Account in the Juvenile Justice Subaccount, and requires that
allocations from that account be used to enhance the capacity of
county departments to provide appropriate rehabilitative and
supervision services to youthful offenders. Existing law requires
that these funds be allocated in 4 equal installments, to be paid in
September, December, March, and June, pursuant to a specified
formula.  
   Existing law establishes the Juvenile Reentry Grant Special
Account in the Juvenile Justice Subaccount and requires that its
funds be allocated for the purpose of providing for the local
supervision of persons discharged from the custody of the Division of
Juvenile Facilities. Existing law requires that the amount allocated
to each county probation department from that account be distributed
in 2 equal payments to be paid on October 30 and May 30 of each
fiscal year pursuant to specified criteria.  
   This bill would require the Controller to allocate funds from the
above-described accounts for those same purposes and in the same
amounts, but would require that the allocations be made in monthly
installments.  
   (2) Existing law establishes the Law Enforcement Services Growth
Subaccount within the Local Revenue Fund 2011 in the State Treasury.
Existing law requires the Controller, in the 2012-13 fiscal year, to
allocate funds from the Law Enforcement Services Growth Subaccount to
specified accounts relating to criminal justice.  
   This bill would instead require the Controller to make those
allocations commencing with the 2012-13 fiscal year. 

   (3) The California Constitution allows the Legislature, by
statute, to authorize cities and counties to provide for bingo games
for charitable purposes. Existing law authorizes cities and counties
to permit eligible nonprofit organizations to conduct bingo games and
remote caller bingo games, as defined, for charitable purposes
pursuant to an ordinance that allows those games to be conducted in
accordance with specified requirements. Existing law requires the
California Gambling Control Commission to regulate remote caller
bingo, including licensure and operation. Existing law requires any
person who conducts a remote caller bingo game to be licensed.
Existing law requires the commission to approve all equipment used
for remote caller bingo in advance, to monitor operation of the
transmission and other equipment used for remote caller bingo, and to
monitor the game. Existing law requires the Department of Justice to
conduct background investigations and conduct field enforcement as
it relates to remote caller bingo consistent with existing law and as
specified in regulations promulgated by the commission. 

   Existing law and the Governor's Reorganization Plan No. 2 of 2012
(GRP 2), effective on July 3, 2012, and operative on July 1, 2013,
consolidates the support, investigatory, auditing, and compliance
functions of the California Gambling Control Commission and transfers
these duties to the Department of Justice. The commission retains
jurisdiction over the licensing, policies, regulations, criteria, and
standards pertaining to gaming.  
   This bill would additionally require the licensure of any person
who contracts to conduct remote caller bingo on behalf of an
authorized organization or who is identified as having fiduciary
responsibility of the game. The bill would establish an annual
licensing fee in an amount determined by the department, not to
exceed the reasonable regulatory costs to the department and in
accordance with regulations adopted by the department. The bill would
require that prior to the adoption of regulations, the nonrefundable
license fee would be the amount of the reasonable regulatory costs
to the department not to exceed $3,000, for any person or entity that
directly or indirectly manufactures, distributes, supplies, vends,
leases, or otherwise provides supplies, devices, services, or other
equipment designed for use in the playing of a remote caller bingo
game by any nonprofit organization. The bill would require the
department to conduct any background investigation related to remote
caller bingo in accordance with existing law and as specified in
regulations promulgated by the commission or the department.
 
   This bill would reallocate additional functions among the
commission and the department with regard to remote caller bingo. The
bill would require a remote caller bingo site, for each
participating remote caller bingo site, to notify the department and
local law enforcement of its intent to conduct a game, rather than
the commission. The bill would require all equipment used for remote
caller bingo to be certified as compliant with specified regulations
by a manufacturing expert recognized by the department. The bill
would require equipment certifications to be submitted to the
department prior to the equipment's use. The bill would also
authorize the department, rather than the commission, to monitor the
operation of the transmission and other equipment used for remote
caller bingo, and to monitor the game. The bill would transfer the
auditing functions of the commission to the department, as those
functions relate to remote caller bingo. The bill would also make
various technical, nonsubstantive conforming changes to further
reflect GRP 2.  
   Existing law authorizes certain loans from the Gambling Control
Fund to the California Bingo Fund to fund operating, personnel, and
other startup costs incurred by the commission related to remote
caller bingo. Existing law requires these loans to be repaid no later
than 5 years after the date of the loan. Existing law requires that
funds from the California Bingo Fund be available to the commission
upon appropriation by the Legislature in the annual Budget Act.
Existing law also authorizes the commission to assess and collect
reasonable fees and deposits as necessary to defray the costs of
regulation and oversight.  
   This bill would require the previously described loans to the
California Bingo Fund to be repaid by July 1, 2019. The bill would
require funds from the California Bingo Fund be available to both the
commission and the department upon appropriation by the Legislature
in the annual Budget Act. The bill would additionally authorize the
department to assess and collect reasonable fees and deposits to
defray the costs of regulation and oversight.  
   This bill would make these provisions inoperative on July 1, 2016,
and would repeal the remote caller bingo program as of January 1,
2017.  
   (4) Existing law defines a felony as a crime that is punishable by
death, imprisonment in the state prison, or imprisonment in a county
jail for a term greater than one year, as specified. Existing law
also provides exceptions to imprisonment in a county jail for a
variety of felonies, including serious or violent felonies and any
felony for which registration as a sex offender is required, among
other exceptions.  
   Existing law provides that, when a court commits a person to
county jail for a felony, the portion of a defendant's sentenced term
during which time he or she is supervised by the county probation
officer is known as mandatory supervision.  
   This bill would specify that mandatory supervision begins upon
release from custody. By increasing the duties of county probation
officers, the bill would impose a state-mandated local program.
 
   (5) Existing law generally requires that all persons released from
prison on and after October 1, 2011, after serving a prison term for
a felony, be subject to postrelease community supervision provided
by a county agency for a period of 3 years immediately following
release, except for persons released after serving a term for a
serious felony, a violent felony, an offense for which the person was
sentenced pursuant to the "Three Strikes" law, a crime where the
person is classified as a high-risk sex offender, or a crime where
the person is required to undergo treatment by the State Department
of State Hospitals because the person has a severe mental disorder.
Existing law requires these persons to be subject to parole
supervision by the Department of Corrections and Rehabilitation
following release from state prison and the jurisdiction of the court
in the county in which the parolee is released or resides for the
purpose of hearing petitions to revoke parole and impose a term of
custody.  
   This bill would require persons subject to parole supervision to
additionally be subject to the jurisdiction of the court in the
county in which the alleged violation of supervision occurred for the
purpose of hearing petitions to revoke parole and impose a term of
custody. The bill would make conforming changes.  
   This bill would also require a person released to parole to remain
on parole after having served 60 days on parole, regardless of a
subsequent determination that the person should have been released to
postrelease community supervision. The bill would likewise require a
person released to postrelease community supervision to remain on
postrelease community supervision after having served 60 days on
postrelease community supervision, regardless of a subsequent
determination that the person should have been released to parole.
 
   By requiring county agencies to supervise persons on postrelease
community supervision who should have been released to parole, this
bill would impose a state-mandated local program.  
   (6) Existing law provides for postrelease community supervision by
county officials for persons convicted of certain specified felonies
upon release from the state prison or a county jail. Existing law
requires the Department of Corrections and Rehabilitation to release
prescribed information to local law enforcement agencies regarding a
paroled inmate or inmate placed on postrelease supervision, including
the inmate's name, contact information, description, and the offense
or offenses for which the inmate was incarcerated. 

   This bill would require the department to electronically transmit
to the county agency responsible for postrelease community
supervision the inmate's tuberculosis status, specific medical,
mental health, and outpatient clinic needs, and any medical concerns
or disabilities for the purpose of identifying the medical and mental
health needs of the individual. The bill would require the
information to be transferred in conformity with specified federal
laws, including the federal Health Insurance Portability and
Accountability Act of 1996 (HIPAA). Operation of the bill would be
conditional on the Secretary of the United States Department of
Health and Human Services, or his or her designee, determining that
this provision is not preempted by HIPAA.  
   (7) Under existing law, when a prisoner is confined to county
jail, an industrial farm, or a road camp, for each 4-day period in
which he or she is confined, he or she may have one day or 2 days
deducted from his or her period of confinement, as specified.
Existing law allows any inmate sentenced to a county jail assigned to
a conservation camp by a sheriff and who is eligible to earn one day
of credit for every one day of incarceration to earn 2 days of
credit for every one day of service. Existing law allows any inmate
who has completed training for assignment to a conservation camp or
to a state or county facility as an inmate firefighter or who is
assigned to a county or state correctional institution as an inmate
firefighter and who is eligible to earn one day of credit for every
one day of incarceration to instead earn 2 days of credit for every
one day served in that assignment or after completing that training.
 
   This bill would instead allow the sheriff or county director of
corrections to award one and a half days credit for every day of
incarceration to any inmate sentenced to the county jail who
participates in an in custody work or job training program other than
those specified above.  
   (8) Existing law establishes the Department of Corrections and
Rehabilitation, which has jurisdiction over state prisons and parole
of offenders released from state prisons.  
   This bill would require, except in prescribed emergencies, the
Secretary of the Department of Corrections and Rehabilitation, or his
or her designee, to provide written notification to any county
impacted by the opening, closure, or change of location of any
reception center that accepts prisoners from county facilities or a
parole office and would require this notice to be sent to the
California State Association of Counties, the California State
Sheriffs' Association, and the Chief Probation Officers of
California.  
   (9) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   (10) The bill would appropriate $2,000 from the California Bingo
Fund to the Gambling Control Commission for the purpose of supporting
workload associated with the licensing of remote caller bingo
vendors, as provided.  
   (11) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.

   Vote:  majority   2/3  . Appropriation:
 yes   no  . Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 13701 of the   Penal
Code   , as amended by Section 47 of Senate Bill 71 of the
2012-   13   Regular Session, is amended to read:

   13701.  (a)  As a best practice, every  
Every  law enforcement agency in this state  may
  shall  develop, adopt, and implement written
policies and standards for officers' responses to domestic violence
calls by January 1, 1986. These policies  may  
shall  reflect that domestic violence is alleged criminal
conduct. Further, they  may   shall 
reflect existing policy that a request for assistance in a situation
involving domestic violence is the same as any other request for
assistance where violence has occurred.
   (b)  As a best practice, the   The 
written policies  may   shall  encourage
the arrest of domestic violence offenders if there is probable cause
that an offense has been committed. These policies also  may
  shall  require the arrest of an offender, absent
exigent circumstances, if there is probable cause that a protective
order issued under Chapter 4 (commencing with Section 2040) of Part 1
of Division 6, Division 10 (commencing with Section 6200), or
Chapter 6 (commencing with Section 7700) of Part 3 of Division 12, of
the Family Code, or Section 136.2 of this code, or by a court of any
other state, a commonwealth, territory, or insular possession
subject to the jurisdiction of the United States, a military
tribunal, or a tribe has been violated. These policies  may
  shall  discourage, when appropriate, but not
prohibit, dual arrests. Peace officers  may  
shall  make reasonable efforts to identify the dominant
aggressor in any incident. The dominant aggressor is the person
determined to be the most significant, rather than the first,
aggressor. In identifying the dominant aggressor, an officer 
may   shall  consider the intent of the law to
protect victims of domestic violence from continuing abuse, the
threats creating fear of physical injury, the history of domestic
violence between the persons involved, and whether either person
acted in self-defense. These arrest policies  may 
 shall  be developed, adopted, and implemented by July 1,
1996. Notwithstanding subdivision (d), law enforcement agencies
 may   shall  develop these policies with
the input of local domestic violence agencies.
   (c)  As a best practice, these   These 
existing local policies and those developed  may 
 shall  be in writing  and, if developed, 
 and  shall be available to the public upon request and
 may   shall  include specific standards
for the following:
   (1) Felony arrests.
   (2) Misdemeanor arrests.
   (3) Use of citizen arrests.
   (4) Verification and enforcement of temporary restraining orders
when (A) the suspect is present and (B) the suspect has fled.
   (5) Verification and enforcement of stay-away orders.
   (6) Cite and release policies.
   (7) Emergency assistance to victims, such as medical care,
transportation to a shelter, or a hospital for treatment when
necessary, and police standbys for removing personal property and
assistance in safe passage out of the victim's residence.
   (8) Assisting victims in pursuing criminal options, such as giving
the victim the report number and directing the victim to the proper
investigation unit.
   (9) Furnishing written notice to victims at the scene, including,
but not limited to, all of the following information:
   (A) A statement informing the victim that despite official
restraint of the person alleged to have committed domestic violence,
the restrained person may be released at any time.
   (B) A statement that, "For further information about a shelter you
may contact ____."
   (C) A statement that, "For information about other services in the
community, where available, you may contact ____."
   (D) A statement that, "For information about the California
victims' compensation program, you may contact 1-800-777-9229."
   (E) A statement informing the victim of domestic violence that he
or she may ask the district attorney to file a criminal complaint.
   (F) A statement informing the victim of the right to go to the
superior court and file a petition requesting any of the following
orders for relief:
   (i) An order restraining the attacker from abusing the victim and
other family members.
   (ii) An order directing the attacker to leave the household.
   (iii) An order preventing the attacker from entering the
residence, school, business, or place of employment of the victim.
   (iv) An order awarding the victim or the other parent custody of
or visitation with a minor child or children.
   (v) An order restraining the attacker from molesting or
interfering with minor children in the custody of the victim.
   (vi) An order directing the party not granted custody to pay
support of minor children, if that party has a legal obligation to do
so.
   (vii) An order directing the defendant to make specified debit
payments coming due while the order is in effect.
   (viii) An order directing that either or both parties participate
in counseling.
   (G) A statement informing the victim of the right to file a civil
suit for losses suffered as a result of the abuse, including medical
expenses, loss of earnings, and other expenses for injuries sustained
and damage to property, and any other related expenses incurred by
the victim or any agency that shelters the victim.
   (H) In the case of an alleged violation of subdivision (e) of
Section 243 or Section 261, 261.5, 262, 273.5, 286, 288a, or 289, a
"Victims of Domestic Violence" card which shall include, but is not
limited to, the following information:
   (i) The names and phone numbers of or local county hotlines for,
or both the phone numbers of and local county hotlines for, local
shelters for battered women and rape victim counseling centers within
the county, including those centers specified in Section 13837, and
their 24-hour counseling service telephone numbers.
   (ii) A simple statement on the proper procedures for a victim to
follow after a sexual assault.
   (iii) A statement that sexual assault by a person who is known to
the victim, including sexual assault by a person who is the spouse of
the victim, is a crime.
   (iv) A statement that domestic violence or assault by a person who
is known to the victim, including domestic violence or assault by a
person who is the spouse of the victim, is a crime.
   (10) Writing of reports.
   (d) In the development of these policies and standards, each local
department is encouraged to consult with domestic violence experts,
such as the staff of the local shelter for battered women and their
children. Departments may utilize the response guidelines developed
by the commission in developing local policies.
   SEC. 2.    Section 13710 of the   Penal Code
  , as amended by Section 48 of Senate Bill 71 of the
2012-13 Regular Session, is   amended to read: 
   13710.  (a) (1)  As a best practice, law  
Law  enforcement agencies  may   shall
 maintain a complete and systematic record of all protection
orders with respect to domestic violence incidents, including orders
which have not yet been served, issued pursuant to Section 136.2,
restraining orders, and proofs of service in effect. This 
may   shall  be used to inform law enforcement
officers responding to domestic violence calls of the existence,
terms, and effective dates of protection orders in effect.
   (2) The police department of a community college or school
district described in subdivision (a) or (b) of Section 830.32 shall
notify the sheriff or police chief of the city in whose jurisdiction
the department is located of any protection order served by the
department pursuant to this section.
   (b) The terms and conditions of the protection order remain
enforceable, notwithstanding the acts of the parties, and may be
changed only by order of the court.
   (c) Upon request, law enforcement agencies shall serve the party
to be restrained at the scene of a domestic violence incident or at
any time the party is in custody.
   SEC. 3.    Section 13730 of the   Penal Code
  , as amended by Section 49 of Senate Bill 71 of the
2012-13 Regular Session,   is amended to read: 
   13730.  (a)  As a best practice, each   Each
 law enforcement agency  may   shall 
develop a system, by January 1, 1986, for recording all domestic
violence-related calls for assistance made to the department
including whether weapons are involved. All domestic violence-related
calls for assistance  may   shall  be
supported with a written incident report, as described in subdivision
(c), identifying the domestic violence incident. Monthly, the total
number of domestic violence calls received and the numbers of those
cases involving weapons  may   shall  be
compiled by each law enforcement agency and submitted to the Attorney
General.
   (b) The Attorney General shall report annually to the Governor,
the Legislature, and the public the total number of domestic
violence-related calls received by California law enforcement
agencies, the number of cases involving weapons, and a breakdown of
calls received by agency, city, and county.
   (c)  As a best practice, each   Each 
  law enforcement agency  may   shall
 develop an incident report form that includes a domestic
violence identification code by January 1, 1986. In all incidents of
domestic violence, a report  may   shall 
be written and  may   shall  be identified
on the face of the report as a domestic violence incident. The report
 may   shall  include at least all of the
following:
   (1) A notation of whether the officer or officers who responded to
the domestic violence call observed any signs that the alleged
abuser was under the influence of alcohol or a controlled substance.
   (2) A notation of whether the officer or officers who responded to
the domestic violence call determined if any law enforcement agency
had previously responded to a domestic violence call at the same
address involving the same alleged abuser or victim.
   (3) A notation of whether the officer or officers who responded to
the domestic violence call found it necessary, for the protection of
the peace officer or other persons present, to inquire of the
victim, the alleged abuser, or both, whether a firearm or other
deadly weapon was present at the location, and, if there is an
inquiry, whether that inquiry disclosed the presence of a firearm or
other deadly weapon. Any firearm or other deadly weapon discovered by
an officer at the scene of a domestic violence incident shall be
subject to confiscation pursuant to Division 4 (commencing with
Section 18250) of Title 2 of Part 6.
   SEC. 4.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code. 
   SEC. 5.    This act shall only become operative if
Senate Bill 71 of the 2012-13 Regular Session becomes operative.

   SEC. 6.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to protect the health and safety of victims of domestic
violence at the earliest possible time, it is necessary that this act
take effect immediately.  All matter omitted in this version of
the bill appears in the bill as amended in the Senate, June 13,
2013. (JR11)