AB 547: Domestic violence: victim’s rights.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-30
Existing law provides specified rights to victims of crime, including, for victims of domestic violence or abuse, as defined, the right to have a domestic violence advocate and a support person of the victims choosing present at any interview by law enforcement authorities, prosecutors, or defense attorneys. Existing law also requires the Department of Corrections and Rehabilitation, county sheriff, or director of the local department of corrections to give notice not less than 15 days prior to the release from the state prison or a county jail of any person who is convicted of specified crimes, including domestic violence, of any change in the parole status or relevant change in the parole location of the convicted person.
This bill would require the county probation department to notify a victim of domestic violence, abuse, or stalking, as specified, of the perpetrators current community of residence or proposed community of residence upon release, when the perpetrator is placed on or released on probation, as specified, if that victim has requested such notification. The bill would also require a district attorney to advise these victims of their right to request and receive such notification. By increasing the duties of county probation departments and district attorneys, this bill 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides specified rights to victims of crime, including, for victims of domestic violence or abuse, as defined, the right to have a domestic violence advocate and a support person of the victims choosing present at any interview by law enforcement authorities, prosecutors, or defense attorneys. Existing law also requires the Department of Corrections and Rehabilitation, county sheriff, or director of the local department of corrections to give notice not less than 15 days prior to the release from the state prison or a county jail of any person who is convicted of specified crimes, including domestic violence, of any change in the parole status or relevant change in the parole location of the convicted person.
This bill would require the county probation department to notify a victim of domestic violence, abuse, or stalking, as specified, of the perpetrators current community of residence or proposed community of residence upon release, when the perpetrator is placed on or released on probation, as specified, if that victim has requested such notification. The bill would also require a district attorney to advise these victims of their right to request and receive such notification. By increasing the duties of county probation departments and district attorneys, this bill 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides specified rights to victims of crime, including, for victims of domestic violence or abuse, as defined, the right to have a domestic violence advocate and a support person of the victims choosing present at any interview by law enforcement authorities, prosecutors, or defense attorneys. Existing law also requires the Department of Corrections and Rehabilitation, county sheriff, or director of the local department of corrections to give notice not less than 15 days prior to the release from the state prison or a county jail of any person who is convicted of specified crimes, including domestic violence, of any change in the parole status or relevant change in the parole location of the convicted person.
This bill would require the county probation department to notify a victim of domestic violence, abuse, or stalking, as specified, of the perpetrators current address community of residence or proposed address community of residence upon release, when the perpetrator is placed on or released on probation, as specified, if that victim has requested such notification. The bill would also require a district attorney to advise these victims of their right to request and receive such notification. By increasing the duties of county probation departments and district attorneys, this bill 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides specified rights to victims of crime, including, for victims of domestic violence or abuse, as defined, the right to have a domestic violence advocate and a support person of the victims choosing present at any interview by law enforcement authorities, prosecutors, or defense attorneys. Existing law also requires the Department of Corrections and Rehabilitation, county sheriff, or director of the local department of corrections to give notice not less than 15 days prior to the release from the state prison or a county jail of any person who is convicted of specified crimes, including domestic violence, of any change in the parole status or relevant change in the parole location of the convicted person.
This bill would require the county probation department to notify a victim of domestic violence or abuse violence, abuse, or stalking, as specified, of the perpetrators proposed current address or proposed address upon release, when the perpetrator is being placed on or released on probation. probation, as specified, if that victim has requested such notification. The bill would also require a district attorney to advise these victims of their right to request and receive such notification. By increasing the duties of county probation departments, departments and district attorneys, this bill 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides specified rights to victims of crime, including, for victims of domestic violence or abuse, as defined, the right to have a domestic violence advocate and a support person of the victims choosing present at any interview by law enforcement authorities, prosecutors, or defense attorneys. Existing law also requires the Department of Corrections and Rehabilitation, county sheriff, or director of the local department of corrections to give notice not less than 15 days prior to the release from the state prison or a county jail of any person who is convicted of specified crimes, including domestic violence, of any change in the parole status or relevant change in the parole location of the convicted person.
This bill would require the county probation department to notify a victim of domestic violence or abuse of the perpetrators proposed address when the perpetrator is being released on probation. By increasing the duties of county probation departments, this bill 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(a)The county probation department shall notify a victim of domestic violence or abuse, as defined in Section 13700 or in Section 6203 or 6211 of the Family Code, or a victim of stalking, as defined in Section 646.9, of the perpetrators current community of residence or proposed community of residence upon release, when the perpetrator, after conviction, is placed on or being released on probation pursuant to subdivision (a) of Section 1203 and under the supervision of the county probation department.
(b)Subdivision (a) shall only apply if the victim has requested notification and has provided the probation department with a current address at which they may be notified.
(c)The district attorney shall advise every victim described in subdivision (a) of their right to request and receive notification pursuant to this section.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The county probation department shall notify a victim of domestic violence or abuse, as defined in Section 13700 or in Section 6203 or 6211 of the Family Code, or a victim of stalking, as defined in Section 646.9, of the perpetrators current community of residence or proposed community of residence upon release, when the perpetrator, after conviction, is placed on or being released on probation pursuant to subdivision (a) of Section 1203 and under the supervision of the county probation department.
(b)Subdivision (a) shall only apply if the victim has requested notification and has provided the probation department with a current address at which they may be notified.
(c)The district attorney shall advise every victim described in subdivision (a) of their right to request and receive notification pursuant to this section.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The county probation department shall notify a victim of domestic violence or abuse, as defined in Section 13700 or in Section 6203 or 6211 of the Family Code, or a victim of stalking, as defined in Section 646.9, of the perpetrators current address community of residence or proposed address community of residence upon release, when the perpetrator, after conviction, is placed on or being released on probation pursuant to subdivision (a) of Section 1203 and under the supervision of the county probation department.
(b)Subdivision (a) shall only apply if the victim has requested notification and has provided the probation department with a current address at which they may be notified.
(c)The district attorney shall advise every victim described in subdivision (a) of their right to request and receive notification pursuant to this section.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The county probation department shall notify a victim of domestic violence or abuse, as defined in Section 13700 or in Section 6203 or 6211 of the Family Code, or Section 13700 of this code, a victim of stalking, as defined in Section 646.9, of the perpetrators current address or proposed address upon release, when the perpetrator perpetrator, after conviction, is placed on or being released on probation. probation pursuant to subdivision (a) of Section 1203 and under the supervision of the county probation department.
(b)Subdivision (a) shall only apply if the victim has requested notification and has provided the probation department with a current address at which they may be notified.
(c)The district attorney shall advise every victim described in subdivision (a) of their right to request and receive notification pursuant to this section.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The county probation department shall notify a victim of domestic violence or abuse, as defined in Section 6203 or 6211 of the Family Code, or Section 13700 of this code, of the perpetrators proposed address when the perpetrator is being released on probation.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Sep 30, 2022 | Chaptered by Secretary of State - Chapter 941, Statutes of 2022. |
| Sep 30, 2022 | Approved by the Governor. |
| Sep 7, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 30, 2022 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 1.). |
| Aug 29, 2022 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 29, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 5181.). |
| Aug 23, 2022 | From special consent calendar. |
| Aug 22, 2022 | Ordered to special consent calendar. |
| Aug 11, 2022 | From committee: Do pass. (Ayes 7. Noes 0.) (August 11). |
| Aug 8, 2022 | In committee: Referred to suspense file. |
| Jun 2, 2022 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 1, 2022 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (May 31). |
| May 4, 2022 | Referred to Com. on PUB. S. |
| Jan 14, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jan 14, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 66. Noes 0. Page 3308.) |
| Jan 10, 2022 | From inactive file. |
| Jan 6, 2022 | Notice of intention to remove from inactive file given by Assembly Member McCarty. |
| Jun 2, 2021 | Ordered to inactive file at the request of Assembly Member McCarty. |
| May 24, 2021 | Read second time. Ordered to third reading. |
| May 20, 2021 | From committee: Do pass. (Ayes 16. Noes 0.) (May 20). |
| Apr 14, 2021 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Mar 24, 2021 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (March 23). Re-referred to Com. on APPR. |
| Mar 18, 2021 | Re-referred to Com. on PUB. S. |
| Mar 17, 2021 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Feb 18, 2021 | Referred to Com. on PUB. S. |
| Feb 11, 2021 | From printer. May be heard in committee March 13. |
| Feb 10, 2021 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 30, 2022 | AB 547 McCarty Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 29, 2022 | Assembly 3rd Reading AB547 McCarty By Rubio | Senate Floor |
Passed |
|
| Jan 14, 2022 | AB 547 McCarty Assembly Third Reading | Assembly Floor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Bill Author
Bill Co-Author(s):