Bill Text: CA AB2136 | 2017-2018 | Regular Session | Amended


Bill Title: Domestic violence: lethality assessment program.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2018-04-04 - In committee: Set, first hearing. Referred to APPR. suspense file. [AB2136 Detail]

Download: California-2017-AB2136-Amended.html

Amended  IN  Assembly  March 14, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2136


Introduced by Assembly Member Bonta

February 12, 2018


An act to add and repeal Section 13703 to of the Penal Code, relating to domestic violence.


LEGISLATIVE COUNSEL'S DIGEST


AB 2136, as amended, Bonta. Domestic violence: lethality assessment program.
Existing law requires each law enforcement agency in the state to develop, adopt, and implement written policies and standards for officers’ responses to domestic violence calls.
This bill would would, until January 1, 2024, require the County of Alameda to develop a lethality assessment program to develop tools for first responders to assess the lethality of domestic violence perpetrators in order to inform the decisions made by those first responders. The bill would require the program to investigate which strategies reduce domestic violence fatalities, the number of domestic violence survivors that have fewer violent incidents with their partner after contact with first responders, and the number of first responders that direct domestic violence survivors to resources. The bill would require the Office of the District Attorney in the County of Alameda to annually prepare a report on the progress of the program, as specified, and to prepare a final report to the Legislature on April 1, 2023. By imposing additional duties on a county, this bill would create a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Alameda.
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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 13703 is added to the Penal Code, to read:

13703.
 (a) The County of Alameda shall develop a domestic violence lethality assessment program. The program shall develop tools for first responders to assess the lethality of domestic violence perpetrators in order to inform the decisions made by those first responders.
(b) The program shall investigate which strategies reduce domestic violence fatalities, the number of domestic violence survivors that have fewer violent incidents with their partner after contact with first responders, and the number of first responders that direct domestic violence survivors to resources.
(c) (1) The Office of the District Attorney in the County of Alameda shall annually prepare a report on the progress of the program and the findings of the investigation described in subdivision (b), and shall make that report available to the public. On April 1, 2023, the Office of the District Attorney in the County of Alameda shall send a final report to the Legislature on the progress of the program and the findings of the investigation described in subdivision (b).
(2) A report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to develop tools to respond to domestic violence in the County of Alameda.

SEC. 3.

 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.
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