California 2009-2010 Regular Session Status: In Committee

AB 1081 — Electronic monitoring: domestic violence.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law makes it either a misdemeanor or a felony for a person to violate restraining orders relating to domestic violence, as specified. This bill would require the court to order, prior to sentencing, the probation department to administer a risk assessment evaluation when a person is convicted of violating a restraining order. This bill would require the court to impose continuous electronic surveillance of the person using specified GPS technology if the court determines that the results of the risk assessment and any other relevant conditions merit the order, as specified. The bill would also require the defendant to pay for the costs of the monitoring if he or she is able and would require the court to impose a $200 fee upon conviction, if the defendant is able to pay the fee, as specified. Existing law establishes a program of intense parole supervision for persons released on parole after a term of imprisonment because of a conviction for stalking. This bill would include in that program a requirement that the parolee be continuously monitored using specified GPS technology. This bill would require the parolee to pay for the costs of the monitoring unless he or she does not have the ability to pay, as specified. Existing law establishes specific conditions of probation for persons convicted of domestic violence, as specified. This bill would require the court to order, as a condition of probation for a person convicted of domestic violence, as defined, continuous electronic surveillance using specified GPS technology if the court determines that the results of a risk assessment evaluation and any other relevant conditions merit the order, as specified. This bill would also require the probationer to pay for the costs associated with the monitoring if he or she is able, as specified. Because this bill would increase the duties of certain local officials, it 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. The California Constitution provides for the Right to Truth in Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. Because this bill would exclude evidence of crimes other than restraining order violations that is obtained from the GPS surveillance authorized by this bill from criminal proceedings, it requires a 23 vote of the Legislature.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Set, second hearing. Held under submission.

  4. In committee: Set, first hearing. Referred to APPR. suspense file.

  5. Re-referred to Com. on APPR.

  6. Read second time and amended.

  7. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 27).

  8. From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 6. Noes 0.) (April 21).

  9. Re-referred to Com. on PUB. S.

  10. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  11. Referred to Coms. on PUB. S. and JUD.

  12. Read first time.

  13. From printer. May be heard in committee March 30.

  14. Introduced. To print.

Sponsors

  • Torrico · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Torrico

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does AB 1081 do?
Existing law makes it either a misdemeanor or a felony for a person to violate restraining orders relating to domestic violence, as specified. This bill would require the court to order, prior to sentencing, the probation department to administer a risk assessment evaluation when a person is convicted of violating a restraining order. This bill would require the court to impose continuous electronic surveillance of the person using specified GPS technology if the court determines that the results of the risk assessment and any other relevant conditions merit the order, as specified. The bill would also require the defendant to pay for the costs of the monitoring if he or she is able and would require the court to impose a $200 fee upon conviction, if the defendant is able to pay the fee, as specified. Existing law establishes a program of intense parole supervision for persons released on parole after a term of imprisonment because of a conviction for stalking. This bill would include in that program a requirement that the parolee be continuously monitored using specified GPS technology. This bill would require the parolee to pay for the costs of the monitoring unless he or she does not have the ability to pay, as specified. Existing law establishes specific conditions of probation for persons convicted of domestic violence, as specified. This bill would require the court to order, as a condition of probation for a person convicted of domestic violence, as defined, continuous electronic surveillance using specified GPS technology if the court determines that the results of a risk assessment evaluation and any other relevant conditions merit the order, as specified. This bill would also require the probationer to pay for the costs associated with the monitoring if he or she is able, as specified. Because this bill would increase the duties of certain local officials, it 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. The California Constitution provides for the Right to Truth in Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. Because this bill would exclude evidence of crimes other than restraining order violations that is obtained from the GPS surveillance authorized by this bill from criminal proceedings, it requires a 23 vote of the Legislature.
Who sponsors AB 1081?
AB 1081 is sponsored by Torrico.
What is the current status of AB 1081?
This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1081?
Track AB 1081 free on One Click Politics — get push/email alerts when it moves.

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