Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1127


Introduced by Assembly Member Cooley

February 27, 2015


An actbegin delete to add and repeal Section 26840.12 of the Government Code,end delete to add and repeal Section 103628.7 of the Health and Safety Code, and to add and repeal Section 18309.1 of the Welfare and Institutions Code, relating to domestic violence.

LEGISLATIVE COUNSEL’S DIGEST

AB 1127, as amended, Cooley. Domestic and family violence: Sacramento County.

Existing law requires the collection of fees forbegin delete issuing marriage licenses and forend delete 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 forbegin delete marriage licenses and confidential marriage licenses and forend delete 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 thebegin delete Assembly Committee on Judiciary and the Senate Committee on Judiciary.end deletebegin insert Legislature.end insert

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:

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

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.

begin insert

12(d) Domestic violence has many hidden costs. These costs
13include exposing children to recruitment by human traffickers.
14Currently in Sacramento, 76 percent of the children screened by
15the juvenile court are found to be involved with, or vulnerable for
16recruitment to, human trafficking have a family history with child
17protective services, and 20 percent have an open case with child
18protective services.

end insert
begin delete

19(d)

end delete

20begin insert(e)end insert Sacramento has a high rate of human trafficking,begin insert andend insert in
212013, the FBI Human trafficking task force, in a multiday sweep
22involving Sacramento, rescued the sixth highest total of underage
23trafficking victims in the country.

begin delete

24(e)

end delete

25begin insert(f)end insert Domestic violence is ubiquitous, it cuts across all economic
26and education levels, all age groups, ethnicities, and other social
27and community characteristics.

begin delete

P3    1(f)

end delete

2begin insert(g)end insert Domestic violence is insidious, it is characterized by a
3predictable, repetitious cycle that can result in injury or death of
4victims, including children.

begin delete

5(g)

end delete

6begin insert(h)end insert Domestic violence puts children at risk. Children in homes
7that domestic violence occurs are physically abused or seriously
8neglected at a rate significantly higher than the national average
9in the general population.

begin delete

10(h)

end delete

11begin insert(i)end insert Domestic violence is learned and generational. Studies show
12that boys who witness family violence are more likely to batter
13their female partners as adults than boys raised in nonviolent
14homes. Girls who witness their mothers’ abuse have higher rates
15of being battered as adults and it is often a precursor to becoming
16a victim of human trafficking. Over 80 percent of victims of human
17trafficking either suffered abuse in their homes or witnessed such
18abuse between parents.

begin delete

19(i)

end delete

20begin insert(j)end insert Substance abuse is a significant factor contributing to,
21although not necessarily a cause of, domestic violence. Many
22domestic violence offenders have documented histories of
23substance abuse or were under the influence of drugs or alcohol
24at the time a felony crime was committed. Over 80 percent of
25human trafficking victims had parents that abused substances.

begin delete

26(j)

end delete

27begin insert(k)end insert Domestic violence is costly, both in human and
28organizational terms. The results of domestic violence have many
29hidden costs, such as job turnover, loss of productivity, school
30absenteeism, low school performance, in addition to the high cost
31of law enforcement, civil and criminal justice, health services,
32mental health services, substance abuse treatment, human services,
33and community-based services.

begin delete

34(k)

end delete

35begin insert(l)end insert The domestic violence prevention, intervention, and
36prosecution system is complex and multifaceted, spanning civil,
37criminal, health, and social service sectors, and in order to be
38effective, there must be an alignment in the objectives, protocols,
39policies, and activities of each sector.

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SEC. 2.  

This act shall be known and may be cited as the 2Sacramento County Zero Tolerance for Family Violence and
3Human Trafficking Act
.

begin delete
4

SEC. 3.  

Section 26840.12 is added to the Government Code,
5to read:

6

26840.12.  

(a) The Sacramento County Board of Supervisors,
7upon making findings and declarations for the need for
8governmental oversight and coordination of the multiple agencies
9dealing with domestic violence, may authorize an increase in the
10fees for marriage licenses and confidential marriage licences, up
11to a maximum increase of four dollars ($4).

12(b) Effective July 1 of each year, the Sacramento County Board
13of Supervisors may authorize an increase in these fees by an
14amount equal to the increase of the California Consumer Price
15Index for the preceding calendar year, rounded to the nearest
16one-half dollar ($0.50). These fees shall be allocated pursuant to
17Section 18309.7 of the Welfare and Institutions Code.

18(c) In addition to the fee prescribed by Section 26840.1, in
19Sacramento County, the person issuing authorization for the
20performance of a marriage or confidential marriage, or the county
21clerk upon providing a blank authorization form pursuant to Part
224 (commencing with Section 500) of Division 3 of the Family
23Code, shall collect the fees in subdivision (a), at the time of
24providing the authorization.

25(d) The Sacramento County Board of Supervisors shall submit
26to the Assembly Committee on Judiciary and the Senate Committee
27on Judiciary, no later than July 1, 2017, a report containing the
28following information:

29(1) The annual amounts of funds received and expended from
30fee increases for the purpose of governmental oversight and
31coordination of domestic violence prevention, intervention, and
32prosecution efforts in the county.

33(2) Outcomes achieved as a result of the activities associated
34with the Zero Tolerance for Family Violence and Human
35Trafficking Act.

36(e) This section shall remain in effect only until January 1, 2021,
37and as of that date is repealed, unless a later enacted statute, that
38is enacted before January 1, 2021, deletes or extends that date.

end delete
P5    1

begin deleteSEC. 4.end delete
2begin insertSEC. 3.end insert  

Section 103628.7 is added to the Health and Safety
3Code
, to read:

4

103628.7.  

(a) The Sacramento County Board of Supervisors,
5upon making findings and declarations for the need for
6governmental oversight and coordination of the multiple agencies
7dealing with domestic violence, may authorize an increase in the
8fees for certified copies of marriage certificates, birth certificates,
9fetal death records, and death records, up to a maximum increase
10ofbegin delete twoend deletebegin insert fourend insert dollarsbegin delete ($2).end deletebegin insert ($4).end insert

11(b) Effective July 1 of each year, the Sacramento County Board
12of Supervisors may authorize an increase in these fees by an
13amount equal to the increase in the California Consumer Price
14Index for the preceding calendar year, rounded to the nearest
15one-half dollar ($0.50). The fees shall be allocated pursuant to
16Section 18309.1 of the Welfare and Institutions Code.

17(c) begin deleteIn addition to the fees prescribed by subdivisions (a) and
18(b), anyend delete
begin insertAnend insert applicant for a certified copy of abegin insert marriage certificate,end insert
19 birth certificate, a fetal death record, or death record in Sacramento
20County shall paybegin delete an additional feeend delete to the local registrar, county
21recorder, or county clerkbegin delete asend deletebegin insert the feesend insert established by the Sacramento
22County Board of Supervisorsbegin insert pursuant to subdivisions (a) and b)end insert.

begin insert

23(d) (1) The Sacramento County Board of Supervisors shall
24submit to the Legislature, no later than July 1, 2017, a report
25containing the following information:

end insert
begin insert

26(A) The total annual amount of funds received and expended
27from fee increases for the purpose of governmental oversight and
28coordination of domestic violence prevention, intervention, and
29prosecution efforts in the county.

end insert
begin insert

30(B) Outcomes achieved as a result of the activities associated
31with the Sacramento County Zero Tolerance for Family Violence
32and Human Trafficking Act.

end insert
begin insert

33(2) A report to be submitted pursuant to paragraph (1) shall be
34submitted in compliance with Section 9795 of the Government
35Code.

end insert
begin delete

3 36(d)

end delete

37begin insert(e)end insert This section shall remain in effect only until January 1, 2021,
38and as of that date is repealed, unless a later enacted statute that
39is enacted before January 1, 2021, deletes or extends that date.

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begin deleteSEC. 5.end delete
2begin insertSEC. 4.end insert  

Section 18309.1 is added to the Welfare and Institutions
3Code
, to read:

4

18309.1.  

(a) The Sacramento County Board of Supervisors
5shall direct the local registrar, county recorder, and county clerk
6to deposit fees collected pursuant tobegin delete Section 26840.12 of the
7Government Code andend delete
Section 103628.7 of the Health and Safety
8Code into a special fund. The county may retain up to 4 percent
9of the fund for administrative costs associated with the collection
10and segregation of the additional fees and the deposit of these fees
11into the special fund. Proceeds from the fund shall be used for
12governmental oversight and coordination of domestic violence
13and family violence prevention, intervention, and prosecution
14efforts among the court system, the district attorney’s office, the
15public defender’s office, law enforcement, the probation
16department, mental health, substance abuse, child welfare services,
17 adult protective services, and community-based organizations and
18other agencies working in Sacramento County in order to increase
19the effectiveness of prevention, early intervention, and prosecution
20of domestic and family violence.

21(b) This section shall remain in effect only until January 1, 2021,
22and as of that date is repealed, unless a later enacted statute that
23is enacted before January 1, 2021, deletes or extends that date.

24

begin deleteSEC. 6.end delete
25begin insertSEC. 5.end insert  

The Legislature finds and declares that a special law
26is necessary and that a general law cannot be made applicable
27within the meaning of Section 16 of Article IV of the California
28Constitution because of the unique circumstances of the County
29of Sacramento with respect to domestic violence and human
30trafficking.



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