Red Women Rising: California Domestic Violence Bills

CCUIH’s Red Women Rising project supports culturally responsive domestic violence services for Urban Indians in California. As a policy organization, we also track California bills that relate to systems that protect victims and survivors of domestic violence. There are significant gaps in care for American Indian and Alaska Native survivors of domestic violence, so it is critical to identify any potential resources that can be leveraged to enhance care that these survivors receive.

Below you can learn more about some bills from the current legislative session that are supported by and/or tracked by the California Partnership to End Domestic Violence. If you have any questions about these bills, please contact legislativetracker@ccuih.org



Domestic Violence 

AJR 31: Assembly member Roger Hernandez (District 48)

Family Violence Prevention and Services Act

Summary: Native women experience domestic violence and sexual assault at epidemic rates. American Indians and Alaska Natives are 2.5 times as likely to experience violent crimes and at least two times more likely to experience rape or sexual assault crimes compared to other races. This measure would call upon the Congress of the United States to reauthorize the Family Violence Prevention and Services Act at an increased level of funding. The Family Violence Prevention and Services Act continues to be the federal government’s only funding source dedicated to supporting lifesaving services provided by domestic violence programs and shelters. However, most are allocated to state governments, some federal territories, and state and federal territorial domestic violence coalitions, excluding tribal domestic violence coalitions entirely. Increasing the overall funding of the Family Violence Prevention and Services Act in order to allow increased support to Native American tribes in order to allow tribal coalitions access to Family Violence Prevention and Services Act funds will help to focus on public awareness and prevention of family violence, services for domestic violence victims and their children, and training and resources for tribally based programs and agencies that address these issues. The reauthorization will also improve the delivery and access of services to meet a broad range of diverse needs for tribes.

Last Action: 04/19/2016 Hearing canceled at the request of the author.

For more information on this bill please check the Official California Legislative Information site here


SB 917: Senator Jackson (District 19)

Family law: court order timeliness 

Summary: This bill requires the court, by July 1, 2017 and within two court days after the conclusion of a hearing, to provide the parties with a detailed, official order setting forth the basic terms of any orders made at the hearing. Survivors of domestic violence access family courts for a range of issues, including restraining orders, custody, and divorce proceedings. Nationwide, almost 70 percent of victims of domestic violence and sexual assault must appear in court by themselves. Without an attorney to help them navigate through the often confusing and overwhelming process and without a written order setting forth the basic terms of any orders made, victims are left with incomplete information about their cases, and with limited options. It is essential for all family court parties – including domestic violence survivors – to have a written record of orders made during hearings. (CPEDV statement.)

This bill does not prevent courts from providing orders faster in domestic violence cases. Time is almost always of the essence when domestic violence restraining orders are being sought.

Last Action: 06/28/2016 Do pass and re-referred to Committee on Appropriations

For more information on this bill please check the Official California Legislative Information site here


SB 870: Senator Roth (District 31)

Domestic Violence (strangulation)

Summary: This bill would make it a crime for a person to willfully inflict corporal injury resulting in a traumatic condition by strangulation or suffocation upon a person with whom the defendant has been in a specified domestic relationship. Strangulation is a significant predictor for future lethal violence. If a perpetrator of intimate partner violence has strangled their partner in the past, the victims risk of being killed by them is seven times higher.

Last Action: 06/21/2016 June 21st hearing canceled at the request of the author.

For more information on this bill please check the Official California Legislative Information site here


Reporting Sexual Crimes

SB 813: Senator Leyva (District 20)

Sex offenses statute of limitations

Summary: Current law provides that prosecution for a felony offense requiring sex offender registration shall be commenced within 10 years after commission of the offense. This bill would allow the a list of sexual assault and sexual abuse offenses to be commenced at any time. 

Last Action: 08/11/2016 Read for a third time and amended.

For more information on this bill please check the Official California Legislative Information site here.


AB 2499: Assembly member Maienschein (District 77)

Sexual assault evidence kits

Summary: This bill would require the Department of Justice to establish a process by which victims of sexual assault may inquire regarding the location and information regarding their sexual assault evidence kits. “The upgrade required in AB 2499, will give a victim of sexual assault the ability to track the progress of their DNA kit while it is being analyzed and processed in the crime lab via a secure, electronic process. This will provide the victims with peace of mind by being able to see where their kit is in the process and ensure that law enforcement is doing their duty to analyze the DNA kit in a timely manner.

Last Action: 8/31/2016 Enrolled and presented to the Governor.

For more information on this bill please check the Official California Legislative Information site here.


AB 1678: Assembly member Santiago (District 53)

Provision of incident reports to victims

Summary: This bill would require state or local law enforcement agencies to provide a timely police report free of charge to a victim of sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult. Currently, to be able to obtain these legal protections, victims must prove, whether to the court, their landlord or their employer, that they are indeed victims; and the best evidence of abuse may be a police report. 

Last Action: 08/11/2016 From committee: Amend, and do pass as amended.

For more information on this bill please check the Official California Legislative Information site here.


Funding & Resources 

AB 2057: Assembly member Stone (District 29)

CalFresh: victims of domestic violence

Summary: An individual who is a CalFresh recipient and a victim of domestic violence may share a CalFresh case file with his or her abuser. In such cases, when both the victim and the abuser share a CalFresh account, the abuser would have access to the location of CalFresh transactions which could place the victim in dangerous situation, per the author. Under these circumstances, the victim might not access benefits because he or she may need to say hidden from the abuser; however, the victim still needs access to a CalFresh account to be able to eat, according to the author. This bill will allow CalFresh recipients who are also domestic violence victims to receive expedited services so they can quickly access a new CalFresh account and receive their entitled replacement benefits as soon as possible, per the author.

Last Action: 08/29/2016 To Engrossing and Enrolling.

For more information on this bill please check the Official California Legislative Information site here.


AB 1399: Introduced by Assembly member Baker (District 19) and co-authored by assembly members Brough (District 73), Gipson (District 64), and Glazer (District 7)

Income taxes: voluntary contributions: California Domestic Violence Fund

Summary: This bill would allow an individual to designate on his or her tax return that a specified amount in excess of his or her tax liability be transferred to the California Domestic Violence Victims Fund, which would be created by this bill.

Last Action: 06/28/2016 Read a second time and ordered to a third reading.

For more information on this bill please check the Official California Legislative Information site here.


AB 2160: Assembly member Bonta (District 18)

Crime victims: compensation for pecuniary loss

Summary: AB 2160 helps California meet the needs of crime victims and their advocates—from the college student who needs counseling after discovering, years later, that sexually explicit photos were taken of her as a child—to the single father who is missing work and losing wages to care for a child who witnessed gun violence. Inadequate compensation for child care and transportation are two of the most common barriers preventing a victim from accessing medical care, mental health services, or legal appointments. AB 2160 reduces these barriers by reimbursing victims for their associated child care and transportation costs. AB 2160 will provide critical support for victims of violent crimes by expanding the California Victim’s Compensation Program to provide additional resources and support to victims in order facilitate their healing and recovery.

Last Action: 05/27/2016 In committee and held under submission

For more information on this bill please check the Official California Legislative Information site here.


Human Trafficking

AB 2498: Assemblymember Bonta (District 18 ) 

Human trafficking 

Summary:  Human trafficking is one of the few explanations for the numerous missing and murdered indigenous women throughout America and Canada. This bill would exempt the names, addresses, and images of victims of human trafficking and their immediate family, as specified, from disclosure pursuant to the California Public Records Act (CPRA). This bill would additionally prohibit law enforcement agencies from disclosing the names, addresses, and images of human trafficking victims and their immediate family, except under specified circumstances, and would expand the list of criminal actions that take precedence over all other criminal actions in the order of trial to include human trafficking, as defined.

Last Action: 08/11/2016 From committee: Amend, and do pass as amended.

For more information on this bill please check the Official California Legislative Information site here.


SB 823: Senator Block (District 39)

Criminal procedure: Human trafficking

Summary : Natives’ high risk of human trafficking stems from the long history of colonialism and oppression.  This bill would allow a person arrested or convicted of a nonviolent crime while he or she was a human trafficking victim to apply to the court to vacate the conviction and seal and destroy records of arrest.

Last Action: 08/12/2016 From committee: Do pass.

For more information on this bill please check the Official California Legislative Information site here.


Young Adults and Adolescents 

SCR 103: Senator Leyva (District 20)

Teen Dating Violence Awareness and Prevention Month

Summary:

This measure would proclaim the month of February 2016 as Teen Dating Violence Awareness and Prevention Month, and would encourage all Californians to observe it with programs and activities that raise awareness about teen dating violence.

Girls and young women between the ages of 16 and 24 experience the highest rate of intimate partner violence compared to other age groups, almost tripling the national average.Violent relationships in adolescence makes it more likely that the victim will participate in risky behaviors such as substance abuse and risky sexual behavior. Teen girls who are sexually and physically abused are six times more likely to become pregnant and twice as likely to get a sexually transmitted infection.Additionally, suicide attempt rates are higher for teens that experience intimate partner violence or sexual violence.

Last Action: 06/01/2016 Chaptered by the Secretary of State

For more information on this bill please check the Official California Legislative Information site here.


AB 1778: Assembly member Quirk (District 20)

Postsecondary education: sexual assault and sexual violence training

Summary: This bill would require community colleges and public universities to conduct annual training of their respective employees on the employee’s obligations in responding to and reporting incidents of sexual assault, domestic violence, dating violence, and stalking involving students in order to receive state funding.

Last Action: 08/11/2016 From committee: Do pass.

For more information on this bill please check the Official California Legislative Information site here.


SB 1435: Senator Jackson (District 19)

School curriculum: health framework:healthy relationships

Summary: This bill would require the Instructional Quality Commission to consider including comprehensive information for kindergarten and grades 1 to 8 on the development of healthy relationships.

Last Action: 08/29/2016 Read for the third time, passed, and ordered to Senate.

For more information on this bill please check the Official California Legislative Information site here.


AB 2246: Assembly member O’Donnell (District 70)

Pupil suicide prevention policies

Summary: Suicide rates for Native Americans aged 18 to 24 are almost double the national rate and 40% of Native Americans who die from suicide are between the ages of 15 to 24, according to the CDC. This bill requires local educational agencies that serve students in grades 7 to 12 to adopt policies on the prevention of student suicides and also requires the California Department of Education (CDE) to develop and maintain a model suicide prevention policy.

Last Action: 08/29/2016 To Engrossing and Enrolling

For more information on this bill please check the Official California Legislative Information site here.


Workplace

AB 2337: Assembly member Burke (District 62)

Employment protections: victims of domestic violence , sexual assault, or stalking. 

Summary: This bill would require employers to provide specific information in writing for each employee upon hire of their rights established under existing laws that prohibit an employer from discharging or discriminating against an employee who is a victim of domestic violence, sexual assault, or stalking. This bill would require the Labor Commissioner to develop a form an employer may elect to use to comply with these provisions and to post it on the commissioner’s Internet Web site.

Last Action: 08/01/2016 From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

For more information on this bill please check the Official California Legislative Information site here.


Click here for California Partnership to End Domestic Violence Bill Chart to view more California bills relating to domestic violence.