AB 1127, as introduced, Cooley. Domestic and family violence: Sacramento County.
Existing law requires the collection of fees for issuing marriage licenses and for providing certified copies of vital records, including marriage certificates, birth certificates, fetal death records, and death records. Existing law provides for the establishment of county domestic violence program special funds for the purpose of funding local domestic violence programs. Certain fees payable at the time a marriage license or a certified copy of any of the above vital records is issued may be collected by the county clerks for deposit into these funds.
This bill would, until January 1, 2021, authorize the Sacramento County Board of Supervisors, upon making certain findings and declarations, to authorize an increase in fees for marriage licenses and confidential marriage licenses and for certified copies of certain vital records, up to $4. This bill would further authorize the Sacramento County Board of Supervisors to make further increases in fees each year, as specified. This bill would require the fees to be allocated for purposes relating to domestic and family violence prevention, intervention, and prosecution. This bill would require the Sacramento County Board of Supervisors, by July 1, 2017, to submit a report on funds received and expended in connection with the fee increases, and the outcome of activities associated with the act, to the Assembly Committee on Judiciary and the Senate Committee on Judiciary.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
3(a) Since 2005, over 150 individuals have died in homicides
4related to domestic violence. This number includes children, one
5as young as two years old.
6(b) In 2013 alone, a total of 18,000 domestic violence-related
7calls were reported by law enforcement entities within Sacramento
8County, with over 4,000 adult cases arrested and over 2,400 cases
9filed and prosecuted.
10(c) More than 21,000 crisis calls are made to the three domestic
11violence shelter programs in Sacramento County every year.
12(d) Sacramento has a high rate of human trafficking, in 2013,
13the FBI Human trafficking task force, in a multiday sweep
14involving Sacramento, rescued the sixth highest total of underage
15trafficking victims in the country.
16(e) Domestic violence is ubiquitous, it cuts across all economic
17and education levels, all age groups, ethnicities, and other social
18and community characteristics.
19(f) Domestic violence is insidious, it is characterized by a
20predictable, repetitious cycle that can result in injury or death of
21victims, including children.
22(g) Domestic violence puts children at risk. Children in homes
23that domestic violence occurs are physically abused or seriously
24neglected at a rate significantly higher than the national average
25in the general population.
26(h) Domestic violence is learned and generational. Studies show
27that boys who witness family violence are more likely to batter
28their female partners as adults than boys raised in nonviolent
29homes. Girls who witness their mothers’ abuse have higher rates
P3 1of being battered as adults and it is often a precursor to becoming
2a victim of human trafficking. Over 80 percent of victims of human
3trafficking either suffered abuse in their homes or witnessed such
4abuse between parents.
5(i) Substance abuse is a significant factor contributing to,
6although not necessarily a cause of, domestic violence. Many
7domestic violence offenders have documented histories of
8substance abuse or were under the influence of drugs or alcohol
9at the time a felony crime was committed. Over 80 percent of
10human trafficking victims had parents that abused substances.
11(j) Domestic violence is costly, both in human and organizational
12terms. The results of domestic violence have many hidden costs,
13such as job turnover, loss of productivity, school absenteeism, low
14school performance, in addition to the high cost of law
15enforcement, civil and criminal justice, health services, mental
16health services, substance abuse treatment, human services, and
18(k) The domestic violence prevention, intervention, and
19prosecution system is complex and multifaceted, spanning civil,
20criminal, health, and social service sectors, and in order to be
21effective, there must be an alignment in the objectives, protocols,
22policies, and activities of each sector.
This act shall be known and may be cited as the 24Sacramento County Zero Tolerance for Family Violence and
25Human Trafficking Act.
Section 26840.12 is added to the Government Code,
(a) The Sacramento County Board of Supervisors,
29upon making findings and declarations for the need for
30governmental oversight and coordination of the multiple agencies
31dealing with domestic violence, may authorize an increase in the
32fees for marriage licenses and confidential marriage licences, up
33to a maximum increase of four dollars ($4).
34(b) Effective July 1 of each year, the Sacramento County Board
35of Supervisors may authorize an increase in these fees by an
36amount equal to the increase of the California Consumer Price
37Index for the preceding calendar year, rounded to the nearest
38one-half dollar ($0.50). These fees shall be allocated pursuant to
39Section 18309.7 of the Welfare and Institutions Code.
P4 1(c) In addition to the fee prescribed by Section 26840.1, in
2Sacramento County, the person issuing authorization for the
3performance of a marriage or confidential marriage, or the county
4clerk upon providing a blank authorization form pursuant to Part
54 (commencing with Section 500) of Division 3 of the Family
6Code, shall collect the fees in subdivision (a), at the time of
7providing the authorization.
8(d) The Sacramento County Board of Supervisors shall submit
9to the Assembly Committee on Judiciary and the Senate Committee
10on Judiciary, no later than July 1, 2017, a report containing the
12(1) The annual amounts of funds received and expended from
13fee increases for the purpose of governmental oversight and
14coordination of domestic violence prevention, intervention, and
15prosecution efforts in the county.
16(2) Outcomes achieved as a result of the activities associated
17with the Zero Tolerance for Family Violence and Human
19(e) This section shall remain in effect only until January 1, 2021,
20and as of that date is repealed, unless a later enacted statute, that
21is enacted before January 1, 2021, deletes or extends that date.
Section 103628.7 is added to the Health and Safety
23Code, to read:
(a) The Sacramento County Board of Supervisors,
25upon making findings and declarations for the need for
26governmental oversight and coordination of the multiple agencies
27dealing with domestic violence, may authorize an increase in the
28fees for certified copies of marriage certificates, birth certificates,
29fetal death records, and death records, up to a maximum increase
30of two dollars ($2).
31(b) Effective July 1 of each year, the Sacramento County Board
32of Supervisors may authorize an increase in these fees by an
33amount equal to the increase in the California Consumer Price
34Index for the preceding calendar year, rounded to the nearest
35one-half dollar ($0.50). The fees shall be allocated pursuant to
36Section 18309.1 of the Welfare and Institutions Code.
37(c) In addition to the fees prescribed by subdivisions (a) and
38(b), any applicant for a certified copy of a birth certificate, a fetal
39death record, or death record in Sacramento County shall pay an
40additional fee to the local registrar, county recorder, or county
P5 1clerk as established by the Sacramento County Board of
3(d) This section shall remain in effect only until January 1, 2021,
4and as of that date is repealed, unless a later enacted statute that
5is enacted before January 1, 2021, deletes or extends that date.
Section 18309.1 is added to the Welfare and
7Institutions Code, to read:
(a) The Sacramento County Board of Supervisors
9shall direct the local registrar, county recorder, and county clerk
10to deposit fees collected pursuant to Section 26840.12 of the
11Government Code and Section 103628.7 of the Health and Safety
12Code into a special fund. The county may retain up to 4 percent
13of the fund for administrative costs associated with the collection
14and segregation of the additional fees and the deposit of these fees
15into the special fund. Proceeds from the fund shall be used for
16governmental oversight and coordination of domestic violence
17and family violence prevention, intervention, and prosecution
18efforts among the court system, the district attorney’s office, the
19public defender’s office, law enforcement, the probation
20department, mental health, substance abuse, child welfare services,
21 adult protective services, and community-based organizations and
22other agencies working in Sacramento County in order to increase
23the effectiveness of prevention, early intervention, and prosecution
24of domestic and family violence.
25(b) This section shall remain in effect only until January 1, 2021,
26and as of that date is repealed, unless a later enacted statute that
27is enacted before January 1, 2021, deletes or extends that date.
The Legislature finds and declares that a special law
29is necessary and that a general law cannot be made applicable
30within the meaning of Section 16 of Article IV of the California
31Constitution because of the unique circumstances of the County
32of Sacramento with respect to domestic violence and human