Existing law defines the term violent felony for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the three strikes law. The Legislature may directly amend the three strikes law by a statute passed in each house by a ²/₃ vote, or by a statute that becomes effective only when approved by the voters.

This bill would expand the crimes that are within the definition of a violent felony for all purposes, including for purposes of the three strikes law, to include felony domestic violence, as specified. By expanding the scope of an enhancement, 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 no reimbursement is required by this act for a specified reason.

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Jesse Arreguín, Chair

2025 - 2026 Regular

Bill No: AB 292 Hearing Date: June 23, 2026

Subject: Domestic violence

HISTORY

Source: California State Sheriff’s Association

Prior Legislation: AB 2308 (Davies), Ch. 649, Stats. of 2024

AB 467 (Gabriel), Ch. 14, Stats. of 2023

SB 273 (Rubio), Ch. 546, Stats. of 2019

Support: Arcadia Police Officers’ Association; Brea Police Association; Burbank Police Officers’ Association; California Association of School Police Chiefs; California Coalition of School Safety Professionals; California District Attorneys Association; California Narcotic Officers’ Association; California Reserve Peace Officers Association; Chief Probation Officers’ of California; Claremont Police Officers Association; Corona Police Officers Association; Culver City Police Officers’ Association; Fullerton Police Officers’ Association; Los Angeles School Police Management Association; Los Angeles School Police Officers Association; Murrieta Police Officers’ Association; Newport Beach Police Association; Palos Verdes Police Officers Association; Peace Officers Research Association of California; Placer County Deputy Sheriffs’ Association; Pomona Police Officers’ Association; Riverside Police Officers Association; Riverside Sheriffs’ Association

Opposition: ACLU California Action; All of US or None; Alliance for Boys and Men of Color; California Attorneys for Criminal Justice; California Coalition for Women Prisoners; California Partnership to End Domestic Violence; California Public Defenders Association; Californians for Safety and Justice; Courage California; DeafHope; Ella Baker Center for Human Rights; Felony Murder Elimination Project; Friends Committee on Legislation of California; Iipay Nation of Santa Ysabel; Initiate Justice; Justice2Jobs Coalition; LA Defensa; Legal Services for Prisoners With Children; Los Angeles County Public Defender’s Union, Local 148 ; Rubicon Programs; San Francisco Public Defender; Smart Justice California; StrengthUnited; Strong Hearted Native Women’s Coalition; The Collective Healing and Transformation Project; Vera Institute of Justice; Youth Justice Coalition

Assembly Floor Vote: 57 - 0

PURPOSE

The purpose of this bill is to require imprisonment of 2, 4, or 5 years in state prison if a person is convicted of domestic violence within 7 years of a prior felony domestic violence conviction; and require a defendant with a conviction for felony domestic violence within the prior 7 years who is granted probation for the current domestic violence conviction to serve at least 60 days in a county jail as a condition of probation.

Existing law provides that a person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim, as described, is guilty of a felony. Provides that the punishment is imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to $6,000, or both. (Pen. Code, § 273.5, subd. (a).)

Existing law provides that domestic violence applies if the victim is or was one or more of the following:

• The offender’s spouse or former spouse.
• The offender’s cohabitant or former cohabitant.
• The offender’s fiance, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined.
• The mother or father of the offender’s child. (Pen. Code, § 273.5, subd. (b).)

Existing law provides that “traumatic condition” means a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force. (Pen. Code, § 273.5, subd. (d).)

Existing law provides that “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck. (Ibid.)

Existing law provides that the punishment for domestic violence that occurs within seven years of a prior conviction for domestic violence, battery causing serious bodily injury, sexual battery, throwing acid with the intent to injure or disfigure, assault using a stun gun, or assault with a deadly weapon, is imprisonment in a county jail for not more than one year, or by imprisonment in the state prison for two, four, or five years, or by both imprisonment and a fine of up to $10,000. (Pen. Code, § 273.5, subd. (f)(1).)

Existing law provides that the punishment for domestic violence that occurs within seven years of a prior conviction for misdemeanor domestic violence is imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to $ 10,000, or by both. (Pen. Code, § 273.5, subd. (f)(2).)

Existing law requires the court to impose probation consistent with the provisions of Section 1203.097 if probation is granted to a person convicted of domestic violence. (Pen. Code, § 273.5, subd. (g).)

Existing law requires the court, if probation has been granted, or the execution or imposition of a sentence is suspended, to impose one of the following conditions if the defendant has a conviction for domestic violence in the prior seven years:

• If the defendant has suffered one prior conviction within the previous seven years, the defendant must be imprisoned in a county jail for not less than 15 days in addition to the provisions contained in Section 1203.097.
• If the defendant has suffered two or more prior convictions within the previous seven years, the defendant must be imprisoned in a county jail for not less than 60 days in addition to the provisions contained in Section 1203.097. (Pen. Code, § 273.5, subd. (h)(1)-(2).)

Existing law authorizes the court, upon a showing of good cause, to find that the mandatory imprisonment shall not be imposed. Requires the court to state on the record its reasons for finding good cause. (Pen. Code, § 273.5, subd. (h)(3).)

Existing law provides, if probation is granted upon a conviction for domestic violence, that the conditions of probation may include, consistent with the terms of probation imposed pursuant to Section 1203.097, in lieu of a fine, one or both of the following requirements:

• That the defendant make payments to a domestic violence shelter-based program, up to a maximum of 5,000.
• That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. (Pen. Code, § 273.5, subd. (i).)

This bill requires imprisonment of 2, 4, or 5 years in state prison if a person is convicted of domestic violence within 7 years of a prior felony domestic violence conviction.

This bill requires a defendant with a conviction for felony domestic violence within the prior 7 years who is granted probation for a current domestic violence conviction to serve at least 60 days in a county jail as a condition of probation.

COMMENTS

1. Need For This Bill

According to the author:

Domestic violence is a serious crime and repeat offenders should face meaningful consequences. AB 292 strengthens accountability for repeat domestic violence offenders and enhances protections for victims, helping keep families and communities safe.

1. Prevalence of Domestic Violence

Domestic violence, also known as intimate partner violence (IPV), is a significant public health issue. The Centers for Disease and Control (CDC) define IPV as “abuse or aggression that occurs in a romantic relationship.”^[1] Intimate partner refers to current and former romantic partners, including spouses, fiancés, and dating partners. It includes physical violence, sexual violence, stalking, and psychological aggression.^[2] A child witnessing IPV or suffering direct violence is also considered IPV.^[3]

According to the CDC:

[IPV] affects … [m]ore than 1 in 3 women (nearly 43.5 million) and more than 1 in 6 men (20.7 million) [who] experienced contact sexual violence, physical violence, and/or stalking by an intimate partner during their lifetimes.

Among women, about 1 in 5 experienced contact sexual violence (19.7%), nearly 1 in 4 experienced physical violence (22.5%), and about 1 in 8 were stalked (12.2%). Among men, nearly 1 in 23 experienced contact sexual violence (4.4%), about 1 in 7 experienced physical violence (13.7%), and almost 1 in 24 were stalked (4.2%).

In their lifetimes, nearly 1 in 3 women and about 1 in 8 men experienced contact sexual violence, physical violence, and/or stalking and at least one related impact. Some impacts included physical injury, missing work or school, safety concerns, medical care needs, and filing a police report.

… About 16 million women and 11 million men said that they first experienced intimate partner violence before age 18.^[4]

1. Existing Penalties for Domestic Violence

Domestic violence is a wobbler, meaning it can be charged as a felony or a misdemeanor. Felony domestic violence is punishable by imprisonment in the state prison for up to four years, and misdemeanor domestic violence is punishable by imprisonment in a county jail for up to one year. (Pen. Code, § 273.5, subd. (a).) A second offense within seven years of a prior conviction is punishable by up to five years in prison. (Pen. Code, § 273.5, subd. (b).) If great bodily injury is inflicted, the defendant can be sentenced to another five years if the enhancement is charged. (Pen. Code, § 12022.7, subd. (e).) Under existing law, a felony domestic violence conviction for a person with a prior strike also doubles the maximum term of incarceration. (Pen. Code, § 667, subd. (e)(1).)

Depending on the conduct involved, domestic violence includes or can be charged as other crimes, including strikeable offenses. For example, a husband who punches his wife may be charged with assault likely to produce great bodily injury, even where the victim did not suffer great bodily injury. (Pen. Code, § 245, subd. (a)(4); see People v. Medellin (2020) 45 Cal.App.5th 519, 528; In re Nirran W. (1989) 207 Cal.App.3d 1157, 1161.) A mother who causes a traumatic injury to her child’s father and prevents him from leaving her residence can be charged with kidnapping, which is classified as a “serious” and “violent” felony, and domestic violence. (See People v. Delacerda (2015) 236 Cal.App.4th 282; Pen. Code, § 667.5, subd. (14); Pen. Code, § 1192.7, subd. (c)(20).) A man who threatens to blow up his boyfriend’s car and home can be charged and convicted of criminal threats, a serious felony. (Pen. Code, § 422, subd. (a); Pen. Code, § 1192.7, subd. (c)(38); see People v. Martinez (1997) 53 Cal.App.4th 1212.) A person who prevents their partner from calling the police during or after an incident involving domestic violence can be charged with a felony for dissuading or preventing a victim from making a report to law enforcement, also a serious felony. (Pen. Code, § 136.1, subd. (b)(1); Pen. Code, § 1192.7, subd. (c)(38); People v. McElroy (2005) 126 Cal.App.4th 874).

1. Effect of This Bill

This bill requires imprisonment of 2, 4, or 5 years in state prison if a person is convicted of domestic violence within 7 years of a prior felony domestic violence conviction. It also requires a defendant with a conviction for felony domestic violence within the prior 7 years who is granted probation for a current domestic violence conviction to serve at least 60 days in a county jail as a condition of probation.

The opponents of this bill argue that increasing criminal penalties for felony domestic violence is a misguided approach. Instead, they argue that the state should properly implement existing laws, such as the California Healthy Youth Act, the state’s comprehensive sex education curriculum which contains a component designed to prevent domestic violence by teaching adolescents about healthy relationships, as well as provide robust funding to organizations that provide direct services to domestic violence survivors, including for temporary housing. The ongoing plea for increased state funding to organizations that serve domestic violence survivors follows federal funding cuts to the Victims of Crime Act (VOCA) in the past few years. This action by the federal government resulted in a one-time $100 million appropriation in the 2025-26 Budget to backfill those funding cuts.^[5] Earlier this month, the Senate and Assembly agreed to appropriate another $50 million to supplement VOCA funding in the 2026-2027 Budget.^[6]

1. Argument in Support

According to the California State Sheriffs’ Association:

Under existing law, domestic violence can be punished as either a misdemeanor or a felony, depending on the circumstances, including a situation in which a domestic violence conviction occurs within seven years of a previous domestic violence conviction. Existing law does not provide sufficient differentiation among the possible penalties for domestic violence offenses and their varying characteristics.

Domestic violence continues to create victims across our state. This crime has long-term effects on abused persons, their families, and their communities. It is time that the California criminal justice system re-examine and modify its response to this abhorrent behavior, especially when it comes to repeat offenders. Mandating felony punishment helps to appropriately recognize the severity of repeat domestic violence offenses.

1. Argument in Opposition

The California Partnership to End Domestic Violence writes:

While this bill is intended to hold individuals accountable and is framed as preventing domestic violence, in reality, this bill does neither of those things. California will see an increase in survivors of domestic violence and sexual assault being incarcerated should AB 292 be signed into law. … Whether it’s for self-defense or because abusive partners manipulate the systems designed to protect survivors, many are unjustly accused and incarcerated for domestic violence. In a 2015 survey conducted by the National Domestic Violence Hotline, 2 in 5 survivor respondents who had called the police after experiencing domestic violence reported that they felt that police had discriminated against them, and 1 in 4 reported being arrested or threatened with arrest by police responding to their reports. These surveys show that a criminal legal response to survivors of domestic violence, on its own, can be harmful and California’s criminal legal system already has escalating punishments for domestic violence to help ensure that the charge or penalty is proportionate to the alleged conduct. Lastly, research has shown that lengthy prison terms and increasing severity of punishments do not have a deterrent effect. A 2021 meta analysis showed that not only does custodial sentencing not prevent reoffending, but it actually increases it.

Domestic violence is preventable, multifaceted, and widespread. More than 30% of Californians identify as survivors. This public health crisis can be prevented by teaching safe and healthy relationship skills; engaging influential adults and peers; disrupting developmental pathways towards violence; creating protective environments, strengthening economic supports for families, and supporting survivors to increase safety and lessen harms. Despite what is known to reduce rates of domestic violence, California does not allocate any funding for domestic violence prevention and has invested minimal resources in intervention services. The financial resources required for the state to increase incarceration for domestic violence would be far better spent by addressing the root causes of violence and supporting community and statewide prevention work.

…

This bill will not meaningfully prevent domestic violence or contribute to survivor wellbeing. There are alternatives that we would urge the Legislature to consider in lieu of this bill that we know will support survivors and prevent violence and abuse from occurring. Alternative approaches include:

1. Supporting $100 million for victim services this year, ensuring that survivors continue to be able to access shelter, counseling, emergency housing, and other supports.

2. Prioritizing domestic and sexual violence prevention by allocating funds to programs that work with youth and families to stop violence before it occurs.

-- END --

1. CDC, About Intimate Partner Violence (Feb. 11, 2026), available at <htps://www.cdc.gov/intimate-partner-violence/about/index.html>. ↑

2. Ibid. ↑

3. Gonzalez-Liencres et al., Editorial: New approaches to under domestic violence and reduce its prevalence (2023) Front. Psychol., available at <https://pmc.ncbi.nlm.nih.gov/articles/PMC9909594/pdf/fpsyg-14-1120345.pdf>. ↑

4. CDC, About Intimate Partner Violence, supra. ↑

5. Although recipients of VOCA funds have been organizations that serve domestic violence survivors, VOCA funding is available to organizations that serve a variety of crime victims. ↑

6. Legislative Version of the Budget, 2026-2027 Budget (Jun. 11, 2026), p. 4 available at <https://sbud.senate.ca.gov/system/files/2026-06/legislatures-version-of-the-budget-summary.pdf>. ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 292

Author:(Patterson and Alanis)

As Amended Ver:January 14, 2026

Majority vote

SUMMARY

Removes misdemeanor sentencing discretion for defendants who commit domestic violence within seven years of a prior felony domestic violence conviction, requiring the offense be charged and sentenced as a felony with a two-, four-, or five-year state prison term, and increases the mandatory minimum county jail term on probation from 15 days to 60 days for those defendants.

Major Provisions

1. Increases the punishment for domestic violence within seven years of a prior felony domestic violence conviction from two, three or four years in state prison to two, four, or five years in state prison.
2. Increases the mandatory minimum jail sentence for a defendant granted probation following a conviction of domestic violence, where the defendant had a prior felony domestic violence conviction within seven years of the current offense, from 15 days to 60 days.

COMMENTS

Under existing law, domestic violence under Penal Code section 273.5 is a ″wobbler,″ punishable either as a misdemeanor (up to one year in county jail) or as a felony (two, three, or four years in state prison). A second offense within seven years is subject to enhanced penalties, including a sentence of up to five years in state prison. Additional enhancements may apply where the defendant inflicts great bodily injury or has prior strike convictions, which can substantially increase or double the term of imprisonment. Domestic violence conduct is also frequently charged alongside—or as—other serious or violent felonies depending on the facts.

Nevertheless, under existing law, section 273.5 itself preserves prosecutorial and judicial discretion even for repeat offenses. This bill narrows that discretion for repeat offenders by eliminating wobbler treatment for defendants who commit domestic violence within seven years of a prior felony domestic violence conviction. For those defendants, the offense must be charged and sentenced as a felony with a two-, four-, or five-year state prison term, and if probation is granted, the mandatory minimum county jail term increases from 15 days to 60 days.

According to the Author

″By definition, domestic violence is violent; however, under current California law, in most instances, felony domestic abuse convictions are considered ″nonviolent offenders and are eligible for early release under Prop. 57 after serving only 50% of their sentence. Additionally, nonviolent felonies are not considered strikes under California′s three strikes law, which limits prosecutors from seeking longer sentences for repeat offenders. This reality has resulted in the perpetuation of domestic abuse, and in some cases the loss of life. According to research compiled by USA Today, the Associated Press, and Northwestern University, more than 68% of mass shooters have a documented history of domestic violence or have killed a family member. Whether you′re a Republican, Independent, or Democrat, you can′t argue with the data. Statistics show that violent domestic abusers are the individuals most likely to commit mass shootings. If we hold them accountable, we will reduce mass shootings.″

Arguments in Support

According to the California State Sheriff′s Association, the bill′s sponsor: ″Within existing statutes, domestic violence is generally not considered a violent felony despite the inherently violent nature of the offense. The sole exception is if, in commission of an offense, great bodily injury is inflicted. The current statutory composition defies logic and ignores the seriousness and impact of domestic violence offenses.

″Domestic violence continues to create victims across our state. This crime has long-term effects on abused persons, their families, and their communities. It is time that the California criminal justice system re-examine and modify its response to this abhorrent behavior.

″By adding felony domestic violence to the state′s list of violent felonies, domestic abusers can face increased penalties that appropriately reflect the severity of their crimes and lifelong harm they inflict upon their victims. As the Legislature continues to adjust the violent felony list, adding felony domestic violence is an obvious way to increase accountability and protect victims.″

Arguments in Opposition

According to Californians United for a Responsible Budget, ″We agree that the Legislature must enact new policies and programs to better prevent and respond to domestic violence (DV) and intimate partner violence (IPV). However, we strongly disagree with expanding failed carceral solutions that accomplish neither of these goals and would increase wasteful spending during a historic statewide budget crisis. Survivors of DV and IPV deserve healing and supportive services. Indeed, a wide body of research shows that women of color, particularly Black, Indigenous, and Latinx women, are disproportionately impacted by IPV and their experiences of IPV are compounded by social determinants of health, including poverty, immigration status, access to healthcare, and other factors.

″AB 292 limits judicial discretion by eliminating the option of a wobbler (alternate felony/misdemeanor) when an individual′s prior offense was a felony.

″The bill would eliminate courts′ ability to treat corporal injury to a spouse as a misdemeanor or felony, instead mandating a felony sentence of two, four, or five years for individuals with a prior felony conviction (refer to Pen. Code, Section 273.5 f(3)). By mandating a prison term in every case and removing judges′ authority to waive this requirement in the interest of justice, judges will be unable to consider mitigating factors to ensure appropriate sentencing outcomes. Current law preserves judicial discretion to ensure a sentence is proportional to the seriousness of the offense.

″AB 292 unnecessarily extends sentences by altering the sentencing structure for felony convictions from 2/3/4 years to 2/4/5 years. Additionally, it increases the minimum jail term for those granted probation from 15 to 60 days. This extended incarceration does not deter crime and ultimately becomes a costly burden on the state.

″Evidence suggests that an increased length of incarceration does not deter crime. As noted in the Assembly committee analysis, the National Institute of Justice (NIJ) has researched the effectiveness of increasing penalties to enhance public safety. Since 2016, NIJ findings indicate that harsher punishments do not significantly deter criminal behavior, may worsen recidivism, and can ultimately decrease public safety.

″Furthermore, extended incarceration is costly to taxpayers. During a time of severe budget gaps, corrections continue to account for a large share of our state budgets, even as we face healthcare and food aid cuts that will harm communities. The LAO identified that the cost of an additional year of incarceration is $127,000, meaning that for every person sentenced under the proposed sentencing structure, the state faces compounding incarceration costs.

″AB 292 increases the fines under Pen Code § 273.5 from $6,000 to $10,000. Fines are ineffective, costly, and will disproportionately harm low-income communities.

″Low-income communities of color are disproportionately affected by criminal charges and incarceration rates in California. By increasing fines to $10,000, AB 292 will place an additional financial burden on these communities. Black and brown residents are significantly less likely to afford these increased fines. Consequently, AB 292 will primarily impact those who cannot pay, trapping low-income families in a cycle of poverty without providing any benefits to public safety. Furthermore, our 2015 report Who Pays, The True Cost of Incarceration on Families details how incarceration destabilizes entire families and communities. Many people who return home from incarceration face extreme barriers to finding jobs and housing and settling back into their community. Family members of incarcerated people also struggle with overwhelming debt from court costs, visitation, and diminished family revenue. The longer the sentence, the more severe these problems.

″Lastly, counties net little to no revenue from fines. Because of the high costs and low returns of collections, most of the revenue pays for administrative costs and collection activities. These additional costs are insurmountable for some and have no impact on protecting survivors.

″Investing in punitive measures, despite existing penalties, hinders meaningful solutions for domestic violence survivors.

″AB 292 is based on the premise that we must wait for someone to be convicted of DV to prevent violence. AB 292 will not prevent future cases of DV and IPV, given the mounting research and federal guidelines rejecting arguments that lengthy prison terms carry a deterrent effect. Longer prison terms are both costly and ineffective at reducing future harmful behavior.

″Indeed, AB 292 will make things worse by fueling the ″victim-to-prison pipeline″ and wasting limited state resources better spent on direct services for survivors, which effectively work to improve the health and safety of survivors. Far too often, officers arrest survivors along with their abusers due to mandatory arrest laws. Even if they aren′t charged or convicted, an arrest can be traumatic and make survivors less likely to seek help in the future. Mandatory arrest laws have ensnared far too many women in the criminal process, and data suggest that most of the women arrested for DV are victims who were acting in self-defense, retaliation, or response to cues indicative that violence was imminent.″

FISCAL COMMENTS

Incarceration costs (local funds, General Fund) to the counties and the California Department of Corrections and Rehabilitation. Actual incarceration costs will depend on the number of convictions, the length of each sentence, and whether each sentence must be served in county jail or state prison. CDCR data indicates that in 2024 there were 1,991 new felony admissions where domestic violence under this section was the principal or subordinate offense. There were 438 felony admissions for repeat offenses (including where the first offense was for certain specified assault or battery offenses). Even if only a small fraction involved defendants with qualifying prior felony domestic violence convictions, the resulting increase in state prison commitments and sentence lengths would translate into meaningful and ongoing incarceration costs.

The average annual cost to incarcerate one person in county jail is approximately $29,000, though costs are higher in larger counties. The Legislative Analyst′s Office estimates the average annual cost to incarcerate one person in state prison is $128,000. CDCR estimates the annual cost is $135,921.

County incarceration costs are not subject to reimbursement by the state. However, overcrowding in county jails creates cost pressure on the General Fund because the state has historically granted new funding to counties to offset overcrowding resulting from public safety realignment.

VOTES

ASM PUBLIC SAFETY: 8-0-1

YES: Schultz, Alanis, Mark González, Harabedian, Lackey, Nguyen, Ramos, Sharp-Collins

ABS, ABST OR NV: Haney

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Hoover, Stefani, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Bauer-Kahan, Pacheco, Pellerin, Solache, Ta, Tangipa

UPDATED

VERSION: January 14, 2026

CONSULTANT: Andrew Ironside / PUB. S. / (916) 319-3744 FN: 0002236

Date of Hearing: January 22, 2026

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 292

Author:(Patterson) – As Amended Ver:January 14, 2026

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill removes misdemeanor sentencing discretion for defendants who commit domestic violence within seven years of a prior felony domestic violence conviction, requiring the offense be charged and sentenced as a felony with a two-, four-, or five-year state prison term, and increases the mandatory minimum county jail term on probation from 15 days to 60 days for those defendants.

FISCAL EFFECT:

Incarceration costs (local funds, General Fund) to the counties and the California Department of Corrections and Rehabilitation. Actual incarceration costs will depend on the number of convictions, the length of each sentence, and whether each sentence must be served in county jail or state prison. CDCR data indicates that in 2024 there were 1,991 new felony admissions where domestic violence under this section was the principal or subordinate offense. There were 438 felony admissions for repeat offenses (including where the first offense was for certain specified assault or battery offenses). Even if only a small fraction involved defendants with qualifying prior felony domestic violence convictions, the resulting increase in state prison commitments and sentence lengths would translate into meaningful and ongoing incarceration costs.

The average annual cost to incarcerate one person in county jail is approximately $29,000, though costs are higher in larger counties. The Legislative Analyst’s Office estimates the average annual cost to incarcerate one person in state prison is $128,000. CDCR estimates the annual cost is $135,921.

County incarceration costs are not subject to reimbursement by the state. However, overcrowding in county jails creates cost pressure on the General Fund because the state has historically granted new funding to counties to offset overcrowding resulting from public safety realignment.

COMMENTS:

Under existing law, domestic violence under Penal Code section 273.5 is a “wobbler,” punishable either as a misdemeanor (up to one year in county jail) or as a felony (two, three, or four years in state prison). A second offense within seven years is subject to enhanced penalties, including a sentence of up to five years in state prison. Additional enhancements may apply where the defendant inflicts great bodily injury or has prior strike convictions, which can substantially increase or double the term of imprisonment. Domestic violence conduct is also frequently charged alongside—or as—other serious or violent felonies depending on the facts.

Nevertheless, under existing law, section 273.5 itself preserves prosecutorial and judicial discretion even for repeat offenses. This bill narrows that discretion for repeat offenders by eliminating wobbler treatment for defendants who commit domestic violence within seven years of a prior felony domestic violence conviction. For those defendants, the offense must be charged and sentenced as a felony with a two-, four-, or five-year state prison term, and if probation is granted, the mandatory minimum county jail term increases from 15 days to 60 days.

Analysis Prepared by: Shiran Zohar / APPR. / (916) 319-2081

Date of Hearing:

Chief Counsel: Andrew Ironside

ASSEMBLY COMMITTEE ON

Nick Schultz, Chair

ABPCA Bill Id:

Author:() – As Ver:

SUMMARY:

Adds the crime of felony domestic violence to the list of “Violent Felonies” that subjects a defendant to additional penalties, including under California’s “Three Strikes” Law, and reduces the custody credits that a defendant may receive.

EXISTING LAW:

1. Provides that willfully inflicting corporal injury resulting in a traumatic condition upon a victim, as specified, is a felony punishable by two, three, or four years in state prison, or a misdemeanor punishable by up to one year in county jail, or by a fine of up to $6,000, or by both a fine and imprisonment. (Pen. Code, § 273.5, subd. (a).)
   
2. Provides, for purposes of domestic violence, a victim is the offender’s spouse or former spouse; the offender’s cohabitant or former cohabitant; the offender’s fiancé, or someone with whom the offender has, or previously had, and engagement or dating relationship, as specified; or, the mother or father of the offender’s child. (Pen. Code, § 273.5, subd. (b)(1)-(4).)
   
3. Defines “traumatic condition” as a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force. (Pen. Code, § 273.5, subd. (c).)
   
4. Defines a "violent felony" as any of the following:
   
   1. Murder or voluntary manslaughter;
      
   2. Mayhem;
      
   3. Rape or spousal rape accomplished by means of force or threats of retaliation;
      
   4. Sodomy by force or fear of immediate bodily injury on the victim or another person;
      
   5. Oral copulation by force or fear of immediate bodily injury on the victim or another person;
      
   6. Lewd acts on a child under the age of 14 years, as defined;
      
   7. Any felony punishable by death or imprisonment in the state prison for life;
      
   8. Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice, or any felony in which the defendant has used a firearm, as specified;
      
   9. Any robbery;
      
   10. Arson of a structure, forest land, or property that causes great bodily injury;
       
   11. Arson that causes an inhabited structure or property to burn;
       
   12. Sexual penetration accomplished against the victim's will by means of force, menace or fear of immediate bodily injury on the victim or another person;
       
   13. Attempted murder;
       
   14. Explosion or attempted explosion of a destructive device with the intent to commit murder;
       
   15. Explosion or ignition of any destructive device or any explosive which causes bodily injury to any person;
       
   16. Explosion of a destructive device which causes death or great bodily injury;
       
   17. Kidnapping;
       
   18. Assault with intent to commit mayhem, rape, sodomy or oral copulation;
       
   19. Continuous sexual abuse of a child;
       
   20. Carjacking, as defined;
       
   21. Rape or penetration of genital or anal openings by a foreign object;
       
   22. Felony extortion;
       
   23. Threats to victims or witnesses, as specified;
       
   24. First degree burglary, as defined, where it is proved that another person other than an accomplice, was present in the residence during the burglary;
       
   25. Use of a firearm during the commission of specified crimes; and,
       
   26. Possession, development, production, and transfers of weapons of mass destruction.
       
   27. Rape of an intoxicated person, as specified. (Pen. Code, § 667.5(c)(1)-(24).)
       
5. Provides that when a defendant is convicted on a new felony offense and has a prior conviction for a specified violent felony, the defendant shall receive a consecutive three-year term for each prior separate prison term served by the defendant where the prior offense was one of the violent felonies specified, unless the defendant meets certain conditions. (Pen. Code, § 667.5, subd. (a).)
   
6. States that a conviction of a violent felony counts as a prior conviction for sentencing under the two and three strike law. (Pen. Code, § 667.)
   
7. Provides that if a defendant is convicted of a felony offense and it is pled and proved that the defendant has been convicted of one prior serious or violent offense as defined, the term of imprisonment is twice the term otherwise imposed for the current offense. (Pen. Code, § 667.)
   
8. Specifies that notwithstanding any other law, any person who is convicted of a felony that is contained in the "violent" felony list shall accrue no more than 15% of work-time credit. (Pen. Code, § 2933.1, subd. (a).)
   
9. Defines a "serious felony" as any of the following: murder or manslaughter; mayhem; rape; sodomy; oral copulation; lewd acts on a child under the age of 14; any felony punishable by death or imprisonment for life; any felony in which the defendant inflicts great bodily injury; attempted murder; assault with the intent to commit rape or robbery; assault with a deadly weapon or instrument on a peace officer; assault by a life prisoner on a non-inmate; assault with a deadly weapon by an inmate; arson; exploding a destructive devise with the intention to commit murder or great bodily injury; first-degree burglary; armed robbery or bank robbery; kidnapping; holding of a hostage by a person confined to a state prison; attempting to commit a felony punishable by death or life in prison; any felony where the defendant personally used a dangerous or deadly weapon; selling or otherwise providing heroin, PCP or any type of methamphetamine-related drug; forcible sexual penetration; grand theft involving a firearm; carjacking; assault with the intent to commit mayhem, rape, sodomy or forcible oral copulation; throwing acid or other flammable substance; assault with a deadly weapon on a peace officer; assault with a deadly weapon on a member of the transit authority; discharge of a firearm in an inhabited dwelling or car; rape or sexual penetration done in concert; continuous sexual abuse of a child; shooting from a vehicle; intimidating a victim or witness; any attempt to commit the above-listed crimes except assault or burglary; and using a firearm in the commission of a crime and possession of weapons of mass destruction. (Pen. Code § 1192.7, subd. (c).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “By definition, domestic violence is violent; however, under current California law, in most instances, felony domestic abuse convictions are considered “nonviolent offenders and are eligible for early release under Prop. 57 after serving only 50% of their sentence. Additionally, nonviolent felonies are not considered strikes under California’s three strikes law, which limits prosecutors from seeking longer sentences for repeat offenders. This reality has resulted in the perpetuation of domestic abuse, and in some cases the loss of life. According to research compiled by USA Today, the Associated Press, and Northwestern University, more than 68% of mass shooters have a documented history of domestic violence or have killed a family member. Whether you’re a Republican, Independent, or Democrat, you can’t argue with the data. Statistics show that violent domestic abusers are the individuals most likely to commit mass shootings. If we hold them accountable, we will reduce mass shootings.”
   
2. Existing Penalties for Domestic Violence: Existing penalties for domestic violence can be serious. Domestic violence is currently punishable by imprisonment in the state prison for up to four years or by imprisonment in a county jail. A second offense within seven years of a prior conviction is punishable by up to five years in prison. (Pen. Code, § 273.5, subd. (b).) There is an enhancement of up to five more years if great bodily injury is inflicted. (Pen. Code, § 12022.7, subd. (e).) Under existing law, a felony domestic violence conviction for a person with a prior strike also doubles the maximum term of incarceration. (Pen. Code, § 667, subd. (e)(1).)
   
   Depending on the conduct involved, domestic violence includes or can be charged as other crimes, including strikeable offenses. For example, a husband who punches his wife may be charged with assault likely to produce great bodily injury, even where the victim did not suffer great bodily injury. (Pen. Code, § 245, subd. (a)(4); see People v. Medellin (2020) 45 Cal.App.5th 519, 528; In re Nirran W. (1989) 207 Cal.App.3d 1157, 1161.) A mother who causes a traumatic injury to her child’s father and prevents him from leaving her residence can be charged with kidnapping, which is classified as a “serious” and “violent” felony, and domestic violence. (See People v. Delacerda (2015) 236 Cal.App.4th 282; Pen. Code, § 667.5, subd. (14); Pen. Code, § 1192.7, subd. (c)(20)) A man who threatens to blow up his boyfriend’s car and home can be charged and convicted of criminal threats, a serious felony. (Pen. Code, § 422, subd. (a); Pen. Code, § 1192.7, subd. (c)(38); see People v. Martinez (1997) 53 Cal.App.4th 1212.) A person who prevents their partner from calling the police during or after an incident involving domestic violence can be charged with a felony for dissuading or preventing a victim from making a report to law enforcement, also a serious felony. (Pen. Code, § 136.1, subd. (b)(1); Pen. Code, § 1192.7, subd. (c)(38).People v. McElroy (2005) 126 Cal.App.4th 874).
   
   Moreover, domestic violence is a wobbler. A “wobbler” is a crime that can charged as, and result in a conviction for, a felony or a misdemeanor. Wobblers give prosecutors and judges a measure of discretion in case dispositions. A district attorney has the discretion to charge a “wobbler” as a felony or a misdemeanor. If a defendant is charged with a felony for a crime that is a “wobbler,” a judge can, under certain circumstances, reduce the charge to a misdemeanor or sentence the defendant to a misdemeanor. Every offense on the violent felony is a straight felony. Adding felony domestic violence to that list would be unprecedented.
   
3. Domestic Violence as a Violent Felony: This bill would add felony domestic violence to the violent felony list. Domestic violence that results in great bodily injury is already a violent felony. (Pen. Code, § 667.5, subd. (c)(3).) Great bodily injury is a significant or substantial bodily injury—an injury resulting in greater than moderate harm. (Pen. Code, § 12022.7, subd. (f)(1); CALCRIM 3163.) “An examination of California case law reveals that some physical pain or damage, such as lacerations, bruises, or abrasions is sufficient for a finding of ‘great bodily injury.’” (People v. Washington (2012) 210 Cal.App.4th 1042, 1047.)
   
   Felony domestic violence, however, does not require great bodily injury. Domestic violence is willfully inflicting corporal injury resulting in a traumatic condition upon a victim, which is defined to include a “[minor] external or internal injury…caused by a physical force.” (Pen. Code, § 273.5, subds. (a) & (d).) As one court explained:
   

“It is injury resulting in a traumatic condition that differentiates this crime from lesser offenses. Both simple assault [citation] and misdemeanor battery [citation] are included in a prosecution of section 273.5....

“Some other offenses do require higher degrees of harm to be inflicted before the crime denounced by them is committed: felony battery…requires 'serious bodily injury'; and, felony assault…requires 'force likely to produce great bodily injury.' But, the Legislature has clothed persons of the opposite sex in intimate relationships with greater protection by requiring less harm to be inflicted before the offense is committed. Those special relationships form a rational distinction which has a substantial relation to the purpose of the statute. [Citations.]" (People v. Abrego (1993) 21 Cal.App.4th 133, 137, citing People v. Gutierrez (1985) 171 Cal.App.3d 944, 952) (internal citations omitted).)

An “injury resulting in traumatic condition” is a lower level of harm than “great bodily injury.” A traumatic condition may be found when the victim suffered “redness about [the] face and nose” and soreness of nose and neck. (People v. Wilkins (1993) 14 Cal.App.4th 761, 771.) The California District Attorney Association (CDAA) confirms that “[b]ruising is a ‘traumatic condition.’”^[1] CDAA also reports, “Fortunately, prosecutors across California are reporting successful felony [domestic violence] prosecutions with minimal external visible injury.”^[2] And a traumatic condition can be found even in the absence of a visible injury.^[3]

In other words, the bill would affect felony domestic violence convictions resulting in harms dissimilar from those caused by crimes already on the list, such as murder, mayhem, rape, continuous sexual abuse of a child, or exploding a destructive device with the intent to commit murder. And, as previously noted, domestic violence incidents often already involve conduct for which one can be convicted of a strikeable offense.

1. Credit Limitations for Violent Felonies with State Prison Sentences: Under Penal Code section 2933.1, a defendant convicted of a “violent felony” as defined by Penal Code section 667.5, subdivision (c), has their presentence conduct credits limited to 15 percent of actual confinement time. (Cal. Code Regs., tit. 15, § 3043.1; People v. Brown (2012) 54 Cal.4th 314, 321.)

A violent felony conviction also affects post-sentence credits. As previously discussed, Proposition 57 gave incarcerated persons in state prison the ability to earn additional, nonstatutory credits for sustained good behavior and for approved rehabilitative or educational achievements. The increased credit-earning opportunities incentivizes incarcerated people to take responsibility for their own rehabilitation.^[4] Under the California Department of Corrections and Rehabilitation (CDCR) regulations, a violent felony limits good conduct credits (GCC) to 33.3 percent of the total incarceration time, as opposed to 50 percent for a non-violent felony.^[5] (Ibid; 15 Cal. Code of Regs. § 3043.2.)

Additionally, under CDCR regulations, persons convicted of nonviolent crimes earn 66.6 percent GCC while housed in camp or Minimum Support Facility (MSF) settings. People convicted of violent crimes, however, earn 50 percent GCC in fire camp settings and 33.3 percent in MSF settings.

By adding this offense to the list of violent felonies in Penal Code section 667.5, subdivision (c), this offense would be subject to the violent felony credit limitations.

1. Three Strikes Implications: In general, violent felonies as specified in Penal Code section 667.5 are considered “strikes” for purposes of California’s Three Strikes law. However, Proposition 36, which was passed by California voters on November 6, 2012, specifies that only the crimes that were included in the “violent felonies” list as of November 7, 2012, shall be treated as strikes for purposes of the Three Strikes law.

Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667 (Three Strikes Law), are to those statutes as they existed on November 7, 2012.

(Pen. Code, § 667.1; see also Pen. Code, § 1170.125 [“Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, General Election, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they existed on November 7, 2012].)

This bill would make this offense a strike under California law because this bill would amend the date which defines the list of strikes to include the provisions of this bill.

1. Proposition 20: Proposition 20 was a November 2020 ballot initiative election that, among other things, would have defined 51 crimes and sentence enhancements as “violent felony offenses” in order to exclude them from Proposition 57's nonviolent offender parole program. The list included felony domestic violence. Californians voters overwhelming rejected Proposition 20.^[6]
   
2. Increased Penalties and Lack of Deterrent Effect: This bill would add felony domestic violence to the list of “Violent Felonies” that subject a defendant to additional penalties, including under California’s “Three Strikes” Law. As a result, people convicted of felony domestic violence would receive fewer custody credits while incarcerated, resulting in longer prison terms. However, there is reason to doubt that longer prison terms will meaningfully deter future criminal conduct.
   
   The National Institute of Justice (NIJ) has looked into the concept of improving public safety through increased penalties.^[7] As early as 2016, the NIJ has been publishing its findings that increasing punishment for given offenses does little to deter criminals from engaging in that behavior.^[8] The NIJ has found that increasing penalties are generally ineffective and may exacerbate recidivism and actually reduce public safety.^[9] These findings are consistent with other research from national institutions of renown.^[10] Rather than penalty increases, the NIJ, advocates for polices that “increase the perception that criminals will be caught and punished” because such perception is a vastly more powerful deterrent than increasing the punishment.^[11]
   
3. Argument in Support: According to the California State Sheriffs Association, the bill’s sponsor, “Within existing statutes, domestic violence is generally not considered a violent felony despite the inherently violent nature of the offense. The sole exception is if, in commission of an offense, great bodily injury is inflicted. The current statutory composition defies logic and ignores the seriousness and impact of domestic violence offenses.
   
   “Domestic violence continues to create victims across our state. This crime has long-term effects on abused persons, their families, and their communities. It is time that the California criminal justice system re-examine and modify its response to this abhorrent behavior.
   
   “By adding felony domestic violence to the state’s list of violent felonies, domestic abusers can face increased penalties that appropriately reflect the severity of their crimes and lifelong harm they inflict upon their victims.”
   
4. Argument in Opposition: According to Smart Justice, “We agree that the Legislature must enact new policies and programs to better prevent and respond to domestic violence (DV) and intimate partner violence (IPV). It is urgent that the legislature address the shortfall in funding for domestic violence shelters and sexual assault providers resulting from the reduction in federal funding through the Victims of Crime Act (VOCA). This bill, AB 292, however, will not improve public safety or help survivors of domestic violence.
   
   “California law already provides sufficient and appropriate penalties for domestic violence, calibrated based on the facts of the case. If a domestic violence incident involves a deadly weapon or results in great bodily injury, then the offense is a violent felony and a strike under California’s Three Strikes Law. Courts have held that abrasions or bruises are sufficient to constitute great bodily injury. (People v. Hood (2014) Cal.App.4th 1356.) The injury need not be permanent, prolonged or protracted to be considered great bodily injury. (People v. Woods (2015), 241 Cal.App.4th 461.) It is not necessary for the victim to seek medical treatment. (People v. Quinonez (2020) 260 Cal.Rptr.3d 86.) Indeed, one Court of Appeal has even held that physical force or affirmative action on the part of the convicted person is not required to support a finding of great bodily injury. (People v. Elder (2014) 227 Cal.App.4th 411.)
   
   “California law provides appropriate punishment for domestic violence, including categorizing the offense as a violent offense and a strike based on the circumstances of the case.”
   
5. Prior Legislation:
   
   1. AB 2470 (Joe Patterson) was identical to this bill. AB 2470 did not receive a hearing in this committee.
      
   2. AB 229 (Joe Patterson) of the 2023-2024 Legislative Session, would have added several felonies to the “Violent Felony” list, including felony domestic violence. AB 229 failed passage in Assembly Public Safety Committee.
      
   3. SB 75 (Bates), of the 2017-2018 Legislative Session, would have created an additional “violent felony” list that includes 20 felonies that are not on the existing list, including felony domestic violence. SB 75 failed passage in the Senate Public Safety Committee.
      
   4. SB 770 (Glazer), of the 2017-2018 Legislative Session, would have created an additional “violent felonies” list with 30 felonies not on the existing list, including felony domestic violence. SB 770 was held in the Senate Public Safety Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

California State Sheriffs' Association (Sponsor)
Arcadia Police Officers' Association
Brea Police Association
Burbank Police Officers' Association
Calegislation
California Association of School Police Chiefs
California Baptist for Biblical Values
California Coalition of School Safety Professionals
California District Attorneys Association
California Narcotic Officers' Association
California Reserve Peace Officers Association
Chief Probation Officers' of California (CPOC)
Claremont Police Officers Association
Crime Victims United of California
Culver City Police Officers' Association
Fullerton Police Officers' Association
Hilde B Foundation
Los Angeles School Police Management Association
Los Angeles School Police Officers Association
Murrieta Police Officers' Association
Newport Beach Police Association
Orange County Sheriff's Department
Palos Verdes Police Officers Association
Peace Officers Research Association of California (PORAC)
Placer County Deputy Sheriffs' Association
Pomona Police Officers' Association
Riverside Police Officers Association
Riverside Sheriffs' Association
San Bernardino County Sheriff's Department
Santa Ana Police Officers Association

1 Private Individual

Opposition

ACLU California Action
All of Us or None Los Angeles
Alliance for Boys and Men of Color
Anti Police-terror Project
California Attorneys for Criminal Justice
California Black Power Network
California Public Defenders Association
California Public Defenders Association (CPDA)
Californians for Safety and Justice
Californians United for A Responsible Budget
Dignity and Power Now
Drug Policy Alliance
Ella Baker Center for Human Rights
Fair Chance Project
Freedom 4 Youth
Friends Committee on Legislation of California
Initiate Justice
Initiate Justice Action
Inland Coalition for Immigrant Justice
Justice2jobs Coalition
LA Defensa
Legal Services for Prisoners With Children
Local 148 LA County Public Defenders Union
Next Door Solutions to Domestic Violence
Orale: Organizing Rooted in Abolition, Liberation, and Empowerment
Rubicon Programs
Ryse Center
San Francisco Public Defender
Silicon Valley De-bug
Sister Warriors Freedom Coalition
Smart Justice California, a Project of Tides Advocacy
South Bay People Power
Uncommon Law
Universidad Popular
Vera Institute of Justice

1 Private Individual

Analysis Prepared by:

1. CDAA, Investigation & Prosecution of Domestic Violence Cases (2020) at p. II-6 <https://www.cdaa.org/wp-content/uploads/DV_book_print.pdf> ↑

2. CDAA, Investigation and Prosecution of Strangulation Cases (2020) at p. 26 <https://www.cdaa.org/wp-content/uploads/Strangulation_2020-Online-Version.pdf>. See also, id. at p. 32 ( ↑

3. CDAA, Investigation & Prosecution of Domestic Violence Cases (2020) at p. II-6 <https://www.cdaa.org/wp-content/uploads/DV_book_print.pdf> ↑

4. (https://www.cdcr.ca.gov/proposition57/, supra.) ↑

5. (See (https://www.cdcr.ca.gov/proposition57/, supra.) ↑

6. (https://ballotpedia.org/California_Proposition_20,_Criminal_Sentencing,_Parole,_and_DNA_Collection_Initiative_(2020), supra.) ↑

7. (https://nij.ojp.gov/about-nij.) ↑

8. (“Five Things About Deterrence,” NIJ, May 2016, available at: https://www.ojp.gov/pdffiles1/nij/247350.pdf].) ↑

9. (Ibid.) ↑

10. (See Travis, The Growth of Incarceration in the United States: Exploring Causes and Consequences, National Research Council of the National Academies of Sciences, Engineering, and Medicine, April 2014, at pp. 130 -150 available at: https://academicworks.cuny.edu/cgi/viewcontent.cgi?article=1026&context=jj_pubs, [as of Feb. 25, 2022].) ↑

11. (“Five Things About Deterrence,” supra.) ↑

Date of Hearing:

Chief Counsel: Andrew Ironside

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Nick Schultz, Chair

ABPCA Bill Id:AB 292

Author:(Patterson) – As Introduced Ver:January 22, 2025

SUMMARY:

Adds the crime of felony domestic violence to the list of “Violent Felonies” that subject a defendant to additional penalties, including under California “Three Strikes” Law, and reduce the custody credits that a defendant may receive.

EXISTING LAW:

1. Provides that willfully inflicting corporal injury resulting in a traumatic condition upon a victim, as specified, is a felony punishable by two, three, or four years in state prison, or a misdemeanor punishable by up to one year in county jail, or by a fine of up to $6,000, or by both a fine and imprisonment. (Pen. Code, § 273.5, subd. (a).)
   
2. Provides, for purposes of domestic violence, a victim is the offender’s spouse or former spouse; the offender’s cohabitant or former cohabitant; the offender’s fiancé, or someone with whom the offender has, or previously had, and engagement or dating relationship, as specified; or, the mother or father of the offender’s child. (Pen. Code, § 273.5, subd. (b)(1)-(4).)
   
3. Defines “traumatic condition” as a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force. (Pen. Code, § 273.5, subd. (c).)
   
4. Defines a "violent felony" as any of the following:
   
   1. Murder or voluntary manslaughter;
      
   2. Mayhem;
      
   3. Rape or spousal rape accomplished by means of force or threats of retaliation;
      
   4. Sodomy by force or fear of immediate bodily injury on the victim or another person;
      
   5. Oral copulation by force or fear of immediate bodily injury on the victim or another person;
      
   6. Lewd acts on a child under the age of 14 years, as defined;
      
   7. Any felony punishable by death or imprisonment in the state prison for life;
      
   8. Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice, or any felony in which the defendant has used a firearm, as specified;
      
   9. Any robbery;
      
   10. Arson of a structure, forest land, or property that causes great bodily injury;
       
   11. Arson that causes an inhabited structure or property to burn;
       
   12. Sexual penetration accomplished against the victim's will by means of force, menace or fear of immediate bodily injury on the victim or another person;
       
   13. Attempted murder;
       
   14. Explosion or attempted explosion of a destructive device with the intent to commit murder;
       
   15. Explosion or ignition of any destructive device or any explosive which causes bodily injury to any person;
       
   16. Explosion of a destructive device which causes death or great bodily injury;
       
   17. Kidnapping;
       
   18. Assault with intent to commit mayhem, rape, sodomy or oral copulation;
       
   19. Continuous sexual abuse of a child;
       
   20. Carjacking, as defined;
       
   21. Rape or penetration of genital or anal openings by a foreign object;
       
   22. Felony extortion;
       
   23. Threats to victims or witnesses, as specified;
       
   24. First degree burglary, as defined, where it is proved that another person other than an accomplice, was present in the residence during the burglary;
       
   25. Use of a firearm during the commission of specified crimes; and,
       
   26. Possession, development, production, and transfers of weapons of mass destruction.
       
   27. Rape of an intoxicated person, as specified. (Pen. Code, § 667.5(c)(1)-(24).)
       
5. Provides that when a defendant is convicted on a new felony offense and has a prior conviction for a specified violent felony, the defendant shall receive a consecutive three-year term for each prior separate prison term served by the defendant where the prior offense was one of the violent felonies specified, unless the defendant meets certain conditions. (Pen. Code, § 667.5, subd. (a).)
   
6. States that a conviction of a violent felony counts as a prior conviction for sentencing under the two and three strike law. (Pen. Code, § 667.)
   
7. Provides that if a defendant is convicted of a felony offense and it is pled and proved that the defendant has been convicted of one prior serious or violent offense as defined, the term of imprisonment is twice the term otherwise imposed for the current offense. (Pen. Code, § 667
   
8. Specifies that notwithstanding any other law, any person who is convicted of a felony that is contained in the "violent" felony list shall accrue no more than 15% of work-time credit. (Pen. Code, § 2933.1, subd. (a).)
   
9. Defines a "serious felony" as any of the following: murder or manslaughter; mayhem; rape; sodomy; oral copulation; lewd acts on a child under the age of 14; any felony punishable by death or imprisonment for life; any felony in which the defendant inflicts great bodily injury; attempted murder; assault with the intent to commit rape or robbery; assault with a deadly weapon or instrument on a peace officer; assault by a life prisoner on a non-inmate; assault with a deadly weapon by an inmate; arson; exploding a destructive devise with the intention to commit murder or great bodily injury; first-degree burglary; armed robbery or bank robbery; kidnapping; holding of a hostage by a person confined to a state prison; attempting to commit a felony punishable by death or life in prison; any felony where the defendant personally used a dangerous or deadly weapon; selling or otherwise providing heroin, PCP or any type of methamphetamine-related drug; forcible sexual penetration; grand theft involving a firearm; carjacking; assault with the intent to commit mayhem, rape, sodomy or forcible oral copulation; throwing acid or other flammable substance; assault with a deadly weapon on a peace officer; assault with a deadly weapon on a member of the transit authority; discharge of a firearm in an inhabited dwelling or car; rape or sexual penetration done in concert; continuous sexual abuse of a child; shooting from a vehicle; intimidating a victim or witness; any attempt to commit the above-listed crimes except assault or burglary; and using a firearm in the commission of a crime and possession of weapons of mass destruction. (Pen. Code § 1192.7, subd. (c).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “By definition, domestic violence is violent; however, under current California law, in most instances, felony domestic abuse convictions are considered “nonviolent offenders and are eligible for early release under Prop. 57 after serving only 50% of their sentence. Additionally, nonviolent felonies are not considered strikes under California’s three strikes law, which limits prosecutors from seeking longer sentences for repeat offenders. This reality has resulted in the perpetuation of domestic abuse, and in some cases the loss of life. According to research compiled by USA Today, the Associated Press, and Northwestern University, more than 68% of mass shooters have a documented history of domestic violence or have killed a family member. Whether you’re a Republican, Independent, or Democrat, you can’t argue with the data. Statistics show that violent domestic abusers are the individuals most likely to commit mass shootings. If we hold them accountable, we will reduce mass shootings.”
   
2. Existing Penalties for Domestic Violence: Existing penalties for domestic violence can be serious. Domestic violence is currently punishable by imprisonment in the state prison for up to four years or by imprisonment in a county jail. A second offense within seven years of a prior conviction is punishable by up to five years in prison. (Pen. Code, § 273.5, subd. (b).) There is an enhancement of up to five more years if great bodily injury is inflicted. (Pen. Code, § 12022.7, subd. (e).) Under existing law, a felony domestic violence conviction for a person with a prior strike also doubles the maximum term of incarceration. (Pen. Code, § 667, subd. (e)(1).)
   
   Depending on the conduct involved, domestic violence includes or can be charged as other crimes, including strikeable offenses. For example, a husband who punches his wife may be charged with assault likely to produce great bodily injury, even where the victim did not suffer great bodily injury. (Pen. Code, § 245, subd. (a)(4); see People v. Medellin (2020) 45 Cal.App.5th 519, 528; In re Nirran W. (1989) 207 Cal.App.3d 1157, 1161.) A mother who causes a traumatic injury to her child’s father and prevents him from leaving her residence can be charged with kidnapping, a serious and violent felony, and domestic violence. (See People v. Delacerda (2015) 236 Cal.App.4th 282; Pen. Code, § 667.5, subd. (14); Pen. Code, § 1192.7, subd. (c)(20)) A man who threatens to blow up his boyfriend’s car and home can be charged and convicted of criminal threats, a serious felony. (Pen. Code, § 422, subd. (a); Pen. Code, § 1192.7, subd. (c)(38); see People v. Martinez (1997) 53 Cal.App.4th 1212.) A person who prevents their partner from calling the police during or after an incident involving domestic violence can be charged with a felony for dissuading or preventing a victim from making a report to law enforcement, also a serious felony. (Pen. Code, § 136.1, subd. (b)(1); Pen. Code, § 1192.7, subd. (c)(38).People v. McElroy (2005) 126 Cal.App.4th 874).
   
   Moreover, domestic violence is a wobbler. A “wobbler” is a crime that can charged as, and result in a conviction for, a felony or a misdemeanor. Wobblers give prosecutors and judges a measure of discretion in case dispositions. A district attorney has the discretion to charge a “wobbler” as a felony or a misdemeanor. If a defendant is charged with a felony for a crime that is a “wobbler,” a judge can, under certain circumstances, reduce the charge to a misdemeanor or sentence the defendant to a misdemeanor. Every offense on the violent felony is a straight felony. Adding felony domestic violence to that list would be unprecedented.
   
3. Domestic Violence as a Violent Felony: This bill would add felony domestic violence to the violent felony list. Domestic violence that results in great bodily injury is already a violent felony. (Pen. Code, § 667.5, subd. (c)(3).) Great bodily injury is a significant or substantial bodily injury—an injury resulting in greater than moderate harm. (Pen. Code, § 12022.7, subd. (f)(1); CALCRIM 3163.) “An examination of California case law reveals that some physical pain or damage, such as lacerations, bruises, or abrasions is sufficient for a finding of ‘great bodily injury.’” (People v. Washington (2012) 210 Cal.App.4th 1042, 1047.)
   
   Felony domestic violence, however, does not require great bodily injury. Domestic violence is willfully inflicting corporal injury resulting in a traumatic condition upon a victim, which is defined to include a “[minor] external or internal injury…caused by a physical force.” (PC 273.5(a) & (d).) As one court explained:
   

“It is injury resulting in a traumatic condition that differentiates this crime from lesser offenses. Both simple assault [citation] and misdemeanor battery [citation] are included in a prosecution of section 273.5....

“Some other offenses do require higher degrees of harm to be inflicted before the crime denounced by them is committed: felony battery…requires 'serious bodily injury'; and, felony assault…requires 'force likely to produce great bodily injury.' But, the Legislature has clothed persons of the opposite sex in intimate relationships with greater protection by requiring less harm to be inflicted before the offense is committed. Those special relationships form a rational distinction which has a substantial relation to the purpose of the statute. [Citations.]" (People v. Abrego (1993) 21 Cal.App.4th 133, 137, citing People v. Gutierrez (1985) 171 Cal.App.3d 944, 952) (internal citations omitted).)

An “injury resulting in traumatic condition” is a lower level of harm than “great bodily injury.” A traumatic condition may be found when the victim suffered “redness about [the] face and nose” and soreness of nose and neck. (People v. Wilkins (1993) 14 Cal.App.4th 761, 771.) In other words, the bill would affect felony domestic violence convictions resulting in harms dissimilar from those caused by crimes already on the list, such as murder, mayhem, rape, continuous sexual abuse of a child, or exploding a destructive device with the intent to commit murder. And, as previously noted, domestic violence incidents often already involve conduct for which one can be convicted of a strikeable offense.

1. Credit Limitations for Violent Felonies with State Prison Sentences: Under Penal Code section 2933.1, a defendant convicted of a violent felony as defined by Penal Code section 667.5, subdivision (c), has their presentence conduct credits limited to 15 percent of actual confinement time. (Cal. Code Regs., tit. 15, § 3043.1; People v. Brown (2012) 54 Cal.4th 314, 321.)

A violent felony conviction also affects post-sentence credits. As previously discussed, Proposition 57 gave incarcerated persons in state prison the ability to earn additional, nonstatutory credits for sustained good behavior and for approved rehabilitative or educational achievements. The increased credit-earning opportunities incentivizes incarcerated people to take responsibility for their own rehabilitation.^[1] Under the California Department of Corrections and Rehabilitation (CDCR) regulations, a violent felony limits good conduct credits (GCC) to 33.3 percent of the total incarceration time, as opposed to 50 percent for a non-violent felony.^[2] (Ibid; 15 Cal. Code of Regs. § 3043.2.)

Additionally, under CDCR regulations, persons convicted of nonviolent crimes earn 66.6 percent GCC while housed in camp or Minimum Support Facility (MSF) settings. People convicted of violent crimes, however, earn 50 percent GCC in fire camp settings and 33.3 percent in MSF settings.

By adding this offense to the list of violent felonies in Penal Code section 667.5, subdivision (c), this offense would be subject to the violent felony credit limitations.

1. Three Strikes Implications: In general, violent felonies as specified in Penal Code section 667.5 are considered “strikes” for purposes of California’s Three Strikes law. However, Proposition 36, which was passed by California voters on November 6, 2012, specifies that only the crimes that were included in the “violent felonies” list as of November 7, 2012, shall be treated as strikes for purposes of the Three Strikes law.

Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after November 7, 2012, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667 (Three Strikes Law), are to those statutes as they existed on November 7, 2012.

(Pen. Code, § 667.1; see also Pen. Code, § 1170.125 [“Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, General Election, for all offenses committed on or after November 7, 2012, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they existed on November 7, 2012].)

This bill would make this offense a strike under California law because this bill would amend the date which defines the list of strikes to include the provisions of this bill.

1. Proposition 20: Proposition 20 was a November 2020 ballot initiative election that, among other things, would have defined 51 crimes and sentence enhancements as “violent felony offenses” in order to exclude them from Proposition 57's nonviolent offender parole program. The list included felony domestic violence. Californians voters overwhelming rejected Proposition 20.^[3] Arguably, this bill would ignore the will of the voters.
   
2. Increased Penalties and Lack of Deterrent Effect: This bill would

add felony domestic violence to the list of “Violent Felonies” that subject a defendant to additional penalties, including under California’s “Three Strikes” Law. As a result, people convicted of felony domestic violence would receive fewer custody credits while incarcerated, resulting in longer prison terms. However, there is reason to doubt that longer prison terms will meaningfully deter future criminal conduct.

The National Institute of Justice (NIJ) has looked into the concept of improving public safety through increased penalties.^[4] As early as 2016, the NIJ has been publishing its findings that increasing punishment for given offenses does little to deter criminals from engaging in that behavior.^[5] The NIJ has found that increasing penalties are generally ineffective and may exacerbate recidivism and actually reduce public safety.^[6] These findings are consistent with other research from national institutions of renown.^[7] Rather than penalty increases, the NIJ, advocates for polices that “increase the perception that criminals will be caught and punished” because such perception is a vastly more powerful deterrent than increasing the punishment.^[8]

1. Argument in Support: According to the California State Sheriffs Association, the bill’s sponsor, “Within existing statutes, domestic violence is generally not considered a violent felony despite the inherently violent nature of the offense. The sole exception is if, in commission of an offense, great bodily injury is inflicted. The current statutory composition defies logic and ignores the seriousness and impact of domestic violence offenses.
   
   “Domestic violence continues to create victims across our state. This crime has long-term effects on abused persons, their families, and their communities. It is time that the California criminal justice system re-examine and modify its response to this abhorrent behavior.
   
   “By adding felony domestic violence to the state’s list of violent felonies, domestic abusers can face increased penalties that appropriately reflect the severity of their crimes and lifelong harm they inflict upon their victims.”
   
2. Argument in Opposition: According to Smart Justice, “We agree that the Legislature must enact new policies and programs to better prevent and respond to domestic violence (DV) and intimate partner violence (IPV). It is urgent that the legislature address the shortfall in funding for domestic violence shelters and sexual assault providers resulting from the reduction in federal funding through the Victims of Crime Act (VOCA). This bill, AB 292, however, will not improve public safety or help survivors of domestic violence.
   
   “California law already provides sufficient and appropriate penalties for domestic violence, calibrated based on the facts of the case. If a domestic violence incident involves a deadly weapon or results in great bodily injury, then the offense is a violent felony and a strike under California’s Three Strikes Law. Courts have held that abrasions or bruises are sufficient to constitute great bodily injury. (People v. Hood (2014) Cal.App.4th 1356.) The injury need not be permanent, prolonged or protracted to be considered great bodily injury. (People v. Woods (2015), 241 Cal.App.4th 461.) It is not necessary for the victim to seek medical treatment. (People v. Quinonez (2020) 260 Cal.Rptr.3d 86.) Indeed, one Court of Appeal has even held that physical force or affirmative action on the part of the convicted person is not required to support a finding of great bodily injury. (People v. Elder (2014) 227 Cal.App.4th 411.)
   
   “California law provides appropriate punishment for domestic violence, including categorizing the offense as a violent offense and a strike based on the circumstances of the case.”
   
3. Related Legislation:
   
   1. AB 38 (Lackey), would designate specified crimes involving rape or sexual assault of a minor who has a developmental disability as “violent felonies.” AB 38 is pending a hearing in this committee.
      
   2. AB 568 (Lackey), would add selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give fentanyl to a minor on the list of serious felonies subject to enhanced penalties. AB 568 is scheduled for hearing today in this committee.
      
   3. AB 1011 (Hoover), would add child abuse offenses to the “serious felonies” list and makes any person convicted of specific child neglect offenses ineligible to earn credits for their service as an inmate firefighter. AB 1011 is pending hearing in this committee.
      
4. Prior Legislation:
   
   1. SB 268 (Alvarado-Gil), Chapter 855, Statutes of 2024, made rape of an intoxicated person a “violent” felony where it is pleaded and proved that the defendant caused the intoxication by administering a controlled substance to the victim without their consent and with the intent to sexually assault them.
      
   2. AB 2470 (Joe Patterson) was identical to this bill. AB 2470 did not receive a hearing in this committee.
      
   3. AB 3231 (Villapudua), of the 2023-2024 Legislative Session, adds felony hate crimes, or any felony in which a hate crimes enhancement is imposed, to the list of violent felonies subject to additional penalties. AB 3231 did not receive a hearing in the Assembly Public Safety Committee.
      
   4. AB 229 (Joe Patterson) of the 2023-2024 Legislative Session, would have added several felonies to the “Violent Felony” list, including felony domestic violence. AB 229 failed passage in Assembly Public Safety Committee.
      
   5. AB 1665 (Seyarto) of the 2022-2023 Legislative Session, would have added trafficking a minor to the “serious” felony list. AB 1665 failed passage in this committee.
      
   6. AB 1746 (Hoover) of the 2022-2023 Legislative Session, was substantially similar to AB 1011. AB 1746 failed passage in this committee.
      
   7. SB 75 (Bates), of the 2017-2018 Legislative Session, would have created an additional “violent felony” list that includes 20 felonies that are not on the existing list, including rape of an intoxicated person, in order to exclude offenders from Proposition 57’s parole provisions and to impose a three-year sentencing enhancement. SB 75 failed passage in the Senate Public Safety Committee.
      
   8. SB 770 (Glazer), of the 2017-2018 Legislative Session, would have created an additional “violent felonies” list with 30 felonies not on the existing list, including rape of an intoxicated person, in order to exclude offenders from Proposition 57’s parole provisions. SB 770 was held in the Senate Public Safety Committee.
      

REGISTERED SUPPORT / OPPOSITION:

Support

California State Sheriffs' Association (Sponsor)
Arcadia Police Officers' Association
Brea Police Association
Burbank Police Officers' Association
California Association of School Police Chiefs
California Baptist for Biblical Values
California Coalition of School Safety Professionals
California District Attorneys Association
California Narcotic Officers' Association
California Reserve Peace Officers Association
Claremont Police Officers Association
Culver City Police Officers' Association
Fullerton Police Officers' Association
Los Angeles School Police Management Association
Los Angeles School Police Officers Association
Murrieta Police Officers' Association
Newport Beach Police Association
Orange County Sheriff's Department
Palos Verdes Police Officers Association
Peace Officers Research Association of California (PORAC)
Placer County Deputy Sheriffs' Assocation
Pomona Police Officers' Association
Riverside Police Officers Association
Riverside Sheriffs' Association
San Bernardino County Sheriff's Department
Santa Ana Police Officers Association

Oppose

All of Us or None Los Angeles
Alliance for Boys and Men of Color
Anti Police-terror Project
California Public Defenders Association (CPDA)
Californians United for A Responsible Budget
Ella Baker Center for Human Rights
Freedom 4 Youth
Initiate Justice
Initiate Justice Action
LA Defensa
Legal Services for Prisoners With Children
Local 148 LA County Public Defenders Union
Next Door Solutions to Domestic Violence
Rubicon Programs
Ryse Center
San Francisco Public Defender
Smart Justice California, a Project of Tides Advocacy
Uncommon Law
Universidad Popular
Vera Institute of Justice

Analysis Prepared by:

Andrew Ironside / PUB. S. / (916) 319-3744

1. (https://www.cdcr.ca.gov/proposition57/, supra.) ↑

2. (See (https://www.cdcr.ca.gov/proposition57/, supra.) ↑

3. (https://ballotpedia.org/California_Proposition_20,_Criminal_Sentencing,_Parole,_and_DNA_Collection_Initiative_(2020), supra.) ↑

4. (https://nij.ojp.gov/about-nij.) ↑

5. (“Five Things About Deterrence,” NIJ, May 2016, available at: https://www.ojp.gov/pdffiles1/nij/247350.pdf].) ↑

6. (Ibid.) ↑

7. (See Travis, The Growth of Incarceration in the United States: Exploring Causes and Consequences, National Research Council of the National Academies of Sciences, Engineering, and Medicine, April 2014, at pp. 130 -150 available at: https://academicworks.cuny.edu/cgi/viewcontent.cgi?article=1026&context=jj_pubs, [as of Feb. 25, 2022].) ↑

8. (“Five Things About Deterrence,” supra.) ↑