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CC - Item IV.CC-D - Domestic Violence Courts-Supportstaf epor TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER DATE: FEBRUARY 22, 2000 RE: SB 1340 (SOLIS) & AB 1754 (PACHECO) - DOMESTIC VIOLENCE COURTS - SUPPORT Attached for the City Council's review are copies of SB 1340 (Solis) and AB 1754 (Pacheco), current bill status reports, complete bill histories, and a letter to Mayor Vasquez from State Senator Solis requesting Rosemead's support of SB 1340. COUNCIL. r',fit ~ A FEB R2 2000 The proposed bills provide funding for domestic violence courts. SB 1340 establishes a three year pilot project for creating and expanding domestic violence courts in coordination with the Judicial Council at a funding level of $10 million. SB 1340 requires a report to the Legislature by March 1, 2004. No selection criteria is contained in the bill. SB 1340 is supported by the National Organization of Women (NOW), the Statewide Coalition for Battered Women and the California Alliance Against Domestic Violence. There is no known opposition. The issue of dedicated domestic violence courts originated with the Citrus Municipal Court (West Covina). The County of Los Angeles has taken a support position on SB 1340 as well as AB 1754 (Pacheco) which also creates a three year pilot but at a funding level of $3.6 million. Los Angeles County indicates AB 1754 is particularly advantageous to the County because as currently written it will fund three pilot programs, one of which is to be awarded to a county with a population over nine million, and preference is given to those counties which have established this type of court in calendar year 1999. Other than Los Angeles County, there is no known support or opposition to AB 1754. RECOMAIIENDATION: It is recommended that the City Council support SB 1340 (Solis) and AB 1754 (Pacheco) and authorize the Mayor to send letters of support and instruct the City's legislative advocate to work in support of these bills to provide funding for domestic violence courts in Los Angeles County. ITEM No. eC CURRENT BILL STATUS MEASURE : S.B. No. 1390 AUTHOR(S) Solis and Alpert (Coauthor: Assembly Member Romero). TOPIC Domestic violence courts. HOUSE LOCATION SEN TYPE OF BILL : Active Non-Urgency Non-Appropriations Majority Vote Required Non-State-Mandated Local Program Fiscal Non-Tax Levy LAST HIST. ACT. DATE: 01/19/2000 LAST HIST. ACTION To Coms. on JUD. and PUB. S. TITLE An act to add Section 69520 to the Government Code, relating to courts. FEB 08 100 09:20AM GONSALVES & SON 01J 1JYV L>ClldLV pill - MAW Y COMPLETE BILL HISTORY BILL NUMBER : S.B. No. 1390 AUTHOR : Solis TOPIC : Domestic violence courts. TYPE OF BILL : Active Non-Urgency Non-Appropriations Majority Vote Required Non-state-Mandated Local Program Fiscal Non-Tax Levy P.8/10 Page 1 of ] BILL HISTORY 2000 Jan. 19 To Coma. on JUD. and PUB. S. Jan. 11 From print. May be acted upon on or after February 10. Jan. 10 Introduced. Read first time. To Com. on RLS. for assignment. To print. http://w-ww.leginfo.ca.gov/pub/bill/smVsb_1301.13 5 0/sb_1340_bi ll_20000119_history.html 2/8/00 SACRAMENTO OFFICE STATE CAPITOL ROOM BOSS SENATOR SACRAMENTO. CA 05814 1916) 445 1418 HILDA L. SOLIS 4401 SANTA ANITA AVENUE TWENTY-FOURTH SENATORIAL DISTRICT SECOND FLOOR EL MONTE. CA 91731 16261448-1271 REPRESENTING THE COMMUNITIES OF ALHAMBRA. A2USA, BALDWIN PARK. BASSETT. BELVEOERE. C17Y TERRACE. EAST Los ANGELES. EL MONTE. EL SERENo. HACIENDA HEIGHTS. INDUSTRY. 47r 16 CESAR CHAVEi AVENUE ' ' IRWINDALE. LA PUENTE. MONTEREY PARK. ROSEMEAD SAN GABRIEL. SOUTH SAN GAsRIEL VALINOA BUILDING A EAST LOS ANGELES, CA 90022 . , . AND PORTIONS OF NORTH WHITTIER, SOUTH EL MONTE, TEMPLE CITY, WEST COVINA AND GLEND RA (323) 9809560 ~ I A4 ~ N / furl t January 2 1 2000 ~ , rrt Mayor Joe Vasquez City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Dear Mayor Vasquez: SENATE COMMITTEES CHAIR INDUSTRIAL RELATIONS SUBCOMMITTEE ON ASIA TRADE ANDCOMMERCE SUBCOMMITTEE NO. 3ON HEALTH. HUMAN SERVICES. AND LABOR MEMBER BUDGET 8 FISCAL REVIEW ENERGY. UTILITIES AND COMMUNICATIONS ENVIRONMENTAL DUALITY FINANCE. INVESTMENT. AND INTERNATIONAL TRADE HEALTH AND HUMAN SERVICES NATURAL RESOURCES SELECT COMMITTEE ON BILINGUAL EDUCATION SELECT COMMITTEE ON HIGHER EDUCATION SELECT COMMITTEE ON WORKFORCE PREPARATION This letter is to respectfully request that the attached resolution pertaining to SB 1340 be submitted to the Rosemead City Council for their review. SB 1340 will create a $10 million statewide domestic violence court funding pilot project. This project will be a three-year effort to fund and expand existing domestic violence courts in the state as well as create new courts. The Judicial Council will be required to report to the Legislature by March 1, 2004 on the results of the pilot project. It is my hope that the City Council will vote to support SB 1340. This epidemic of violence will not end until we commit ourselves to working towards its elimination. Please feel free to contact Giannina Perez at (916) 445-1418 or Adele Andrade-Stadler at (323) 980-9560 of my staff should you have any questions regarding this request. Sincerely, HILDA L. OLIS 24`h Senatorial District attachment 1~0;:. (IT LMfifornia z,tate enate SACRAMENTO OFFICE SENATE COMMITTEES STATE CAPITOL ROOM 4039 SENATOR CHAIR S SACRAMENTO, CA 95814 INDUSTRIAL RELATION 19161 4A5 14 18 SOLIS HILDA L SUBCOMMITTEE ON ASIA TRADE . AND COMMERCE aaol SANTA ANITA TWENTY-FOURTH SENATORIAL DISTRICT MEMBER SECOND D FL 917 FLOOR EL MONTE. CA .1731 BUDGET & FISCAL REVIEW 1626144a.1271 ENERGY. UTILITIES AND COMMUNICATIONS 4716 CESAR CHAVEZ AVENUE WILDING 'A' ENVIRONMENTAL QUALITY EAST LOS ANGELES, CA 90022 .d Li I FINANCE, INVESTMENT, AND 121319809560 ~p[~? INTERNATIONAL TRADE HEALTH AND HUMAN SERVICES SELECT COMMITTEE N BILINGUAL EDUCATION SELECT COMMITTEE ON HIGHER EDUCATION SELECT COMMITTEE ON WORKFORCE PREPARATION SUBCOMMITTEE NO, 3 ON HEALTH. HUMAN SERVICES, AND LABOR Senate Bill 1340 DOMESTIC. VIOLENCE COURT PILOT PROJECT WHAT SB 1340 DOES: SB 1340 will create a $10 million statewide domestic violence court funding pilot project. This project will be a three-year effort to fund and expand existing domestic violence courts in the state as well as create new courts. The Judicial Council will be required to report to the Legislature by March 1, 2004 on the results of the pilot project. Domestic violence courts are specialized courtrooms led by one judge who handles all the cases. With such close scrutiny, victims don't feel alone and isolated and defendants know that they are being closely monitored. The same prosecutor and public defense lawyers and bailiffs are assigned to the courtroom to further its continuity and consistency. WHY SB 1340 IS NEEDED: The National Center for State Courts shows that filing of domestic violence cases more than doubled nationally between 1985 and 1997. During that same time a number of counties began opening domestic violence courts, including Sacramento, San Diego, and San Francisco and the cities of El Monte, Pasadena, and Long Beach. While domestic violence courtrooms have been praised by judges, lawyers, and victims' advocates, the Citrus Municipal domestic violence courtroom in West Covina was closed last year as a result of funding and organizational issues. The courtroom was reopened early this year with the presiding judge overseeing all domestic violence cases. He has indicated that he will keep the courtroom open for just one year pending future funding. SB 1340 seeks to provide the funding to expand the number of courts specialized in domestic violence in the state. Likewise, it will provide coordination in how these courts function as well as evaluate the effectiveness of these courts. SPONSORS OF SB 1340: • California National Organization for Women (NOW) & San Gabriel Valley/Whittier Chapter, NOW • Statewide California Coalition for Battered Women FEB 08 '00 09:19AM GONSALVES & SON 4 w a I rtppo111VIY D11A - OLaLUS CURRENT BILL STATUS MEASURE : A.B. No. 1754 AUTHOR(S) Robert Pacheco. TOPIC Courts: domestic violence departments. HOUSE LOCATION ASM TYPE OF BILL : Active Non-Urgency Appropriations 2/3 Vote Required Non-State-Mandated Local Program Fiscal Non-Tax Levy LAST HIST. ACT. DATE: 01/20/2000 LAST HIST. ACTION Referred to Com. on ,IUD. COMM. LOCATION ASM JUDICIARY TITLE An act to add and repeal Chapter 1.6 (commencing with section 68300) to Title 8 of the Government Code, relating to courts, and making an appropriation therefor. P.2110 Page 1 of 1 http://www.leginfo.ca.gov/publbilllasnvab_1751-1800/ab_1754_bill20000126_status.htm] . 2/8/00 FEB 08 '00 09:19AM GONSALVES & SON I/ J- n GIIAUAy DILI - fIISLUry COMPLETE BILL HISTORY BILL NUMBER : A.S. No. 1754 AUTHOR Robert Pacheco TOPIC Courts! domestic violence departments. TYPE OF BILL : Active Non-Urgency Appropriations 2/3 Vote Required Non-State-Mandated Local Program Fiscal Non-Tax Levy BILL HISTORY 2000 Jan. 20 Referred to Com. on JUrA. Jan. 14 From printer. May be heard in committee February 13. Jan. 13 Read first time. To print. P. 3/10 Page 1 of 1 http://www.l eginfo.ca.gov/piib/bi lLIasnVab_ 1751-1800/ab_ 1754_bill_20000120_history.himl 2/8/00 FEB 08 '00 09:19AM GONSALVES & SON CALIFORN A LEGISLATURE-1999-2000 REGULAR SESSION ASSEMBLY BILL No. 1754 Introduced by Assembly Member Robert Pacheco January 13, 2000 An act to add and repeal Chapter 1.6 (commencing with Section 68300) to Title 8 of the Government Code, relating to courts, and making an appropriation therefor. LEGISLATIVE COUNSELS DIGEST AB 1754, as introduced, Robert Pacheco. Courts: domestic violence departments. Existing law establishes the jurisdiction of superior and municipal courts, as specified; prohibits acts of domestic violence, as defined; and provides both civil remedies and criminal penalties for acts of domestic violence. This bill would require the Judicial Council, as a pilot project, to designate 3 superior or municipal courts, selected as specified, to adjudicate matters pertaining to acts of domestic violence. The bill would provide for the selection of domestic violence cases for adjudication by a domestic violence division, as specified, and would authorize courts participating in the pilot project to establish local rules of court regarding counseling. This bill would require the Judicial Council to report to the Legislature regarding the pilot project on or before January 1, 2003. The provisions of the bill would be repealed on July 1, 2004, unless that date is extended by later-enacted legislation. The bill would appropriate $3,600,000 from the General Fund to the Trial Court Trust Fund for disbursement to the 99 P.4/10 FEB 08 '00 09:20AN GONSALVES & SON AB 1754 -2- courts involved, as specified, and would state the intent of the Legislature to continue that funding in future budget acts. Vote: 2/3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows 1 SECTION 1. Chapter 1.6 (commencing with Section 2 68300) is added to Title 8 of the Government Code, to 3 read: 4 5 CHAPTER 1.6. DOMESTIC VIOLENCE DMSIONS 6 7 68300. For purposes of this article: 8 (a) "Domestic violence" means any act described in 9 Section 6211 of the Family Code or Section 12028.5 of the 10 Penal Code. I1 (b) The population of a county shall be determined 12 pursuant to the census published by the Department of 13 Finance in January 1998. 14 68301. (a) As a pilot project, the Judicial Council shall 15 designate three superior or municipal courts which shall 16 establish domestic violence divisions pursuant to this 17 chapter. 18 (b) One court shall be selected from each of the 19 following categories: 20 (1) Counties with a population of more than 9,000,000 21 persons. 22 . (2) Counties with a population of more than 2,000,000 23 but not exceeding 9,000,000 persons. 24 (3) Counties with a population of at least 750,000 but 25 not exceeding 2,000,000 persons. 26 (c) The courts selected shall be chosen from those 27 courts that apply to the Judicial Council for consideration 28 for the pilot project established by this chapter on or 29 before February 1, 2001. 30 (d) The Judicial Council shall give preference in the 31 selection of . courts to those courts that voluntarily 32 provided a domestic violence division in calendar year 33 1999. 99 F.5/10 FEB 08 100 09:20AM GONSALVES & SON -3- AB 1754 1 (e) The Judicial Council shall select the participating 2. courts on or before March 1, 2001. 3 68302, A domestic violence division shall adjudicate 4 matters pertaining to acts of domestic violence, as 5 assigned to the division by the presiding judge. If not all 6 matters pertaining to domestic violence can be 7 expeditiously heard by the domestic violence division, 8 domestic violence cases shall be. assigned to the domestic 9 violence division at the discretion of the presiding judge 10 according to priorities established by local rules of court. 11 68303. The Judicial Council shall report to the 12 Legislature on or before January 1, 2003, on the 13 effectiveness of domestic violence divisions in handling 14 matters pertaining to acts of domestic violence, 15 including, but not limited to, expedience, recidivism, and 16 the ongoing safety of family members at risk. 17 68304. Those courts participating in the pilot project 18 may enact local rules of court, not in conflict with the 19 Rules of Court established by the Judicial Council, that 20 grant the judge hearing such a matter discretion to order 21 separate counseling for parties found to be the 22 perpetrators of, and parties found to be the victims of, acts 23 of domestic violence. 24 68305. This chapter shall remain in effect only until 25 July 1, 2004, and as of that date is repealed, unless a later 26 statute enacted after the effective date of this chapter 27 extends or repeals that date. 28 SEC. 2. There is hereby appropriated from the 29 General Fund to the Trial Court Trust Fund the sum of 30 three million six hundred thousand dollars ($3,600,000), 31 to be allocated by the Trial Court Budget Commission to 32 those courts that establish domestic violence divisions 33 pursuant to this act for expenditure according to the 34 purposes of this act. It is the further intent of the 35 Legislature to thereafter incorporate ongoing funding for 36 these purposes in the annual Budget Act beginning with 37 the 2001-2002 fiscal year. 0 99 P.6/10 SENATE BILL No. 1340 Introduced by Senators Solis and Alpert (Coauthor: Assembly Member Romero) January 10, 2000 An act to add Section 69520 to the Government Code, relating to courts. LEGISLATIVE COUNSELS DIGEST SB 1340, as introduced, Solis. Domestic violence courts. Existing law establishes the jurisdiction of superior and municipal courts, as specified; prohibits acts of domestic violence, as defined; and provides both civil and criminal sanctions for acts of domestic violence. This bill would establish a statewide 3-year pilot project for funding, creating, and expanding domestic violence courts, as defined, in coordination with the Judicial Council, as specified, and would require the Judicial Council to report to the Legislature regarding the results of the project. The bill would also declare the Legislature's intent regarding funding of the project. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows 1 SECTION 1. Section 69520 is added to the 2 Govermnent Code, to read: 3 69520. (a) There is hereby established a statewide, 4 three-year pilot project for the purpose of funding, 5 creating, and expanding domestic violence courts. 99 SB 1340 -2- 1 (b) As used in this section: 2 (1) "Domestic violence" means any act described in 3 Section 6211 of the Family Code or Section 12028.5 of the 4 Penal Code. 5 (2) "Domestic violence courts" means the assignment 6 of civil or criminal cases, or both, involving domestic 7 violence to one department of the superior court or 8 municipal court, consistent with the jurisdiction of those 9 courts. 10 (c) Creation or expansion of any domestic violence I1 court under this pilot project shall be accomplished in 12 coordination with the Judicial Council and in a manner 13 that takes into account the findings of the Judicial 14 Council's report to the Legislature pursuant to Section 15 6390 of the Famil;, Code. 16 (d) The Judicial Council shall report to the Legislature 17 no later than March 1, 2004, regarding the results of this 18 pilot project. 19 SEC. 2. It is the intent of the Legislature that the sum 20 of ten million dollars (510,000,000) shall be appropriated 21 in the annual Budget Act for purposes of this act. O 99