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SB-1220 Domestic violence: lethality assessment tools.(2017-2018)

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Date Published: 04/03/2018 09:00 PM
SB1220:v98#DOCUMENT

Amended  IN  Senate  April 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1220


Introduced by Senator Gaines

February 15, 2018


An act to amend Section 69.5 of the Revenue and Taxation Code, relating to taxation. add Section 13703 to the Penal Code, relating to domestic violence, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 1220, as amended, Gaines. Property taxation: base year value transfers. Domestic violence: lethality assessment tools.
Existing law requires each law enforcement agency in the state to develop, adopt, and implement written policies and standards for officers’ responses to domestic violence calls.
This bill would require every law enforcement agency in the state to develop and adopt a lethality assessment tool, as defined, for use in responding to domestic violence calls by July 1, 2018. By imposing additional duties on local agencies, this bill would create a state-mandated local program. The bill would require the Department of Justice to develop a model lethality assessment tool for guidance and potential adoption by local law enforcement agencies by June 1, 2018.
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.
This bill would declare that it is to take effect immediately as an urgency statute.

The California Constitution and existing property tax law authorize a person who is either severely disabled or over 55 years of age to transfer the base year value, as defined, of property that is eligible for the homeowners’ property tax exemption to a replacement dwelling that is of equal or lesser value located within the same county as the property from which the base year value is transferred, and if a county ordinance so providing has been adopted, to a replacement dwelling that is located in a different county.

This bill would make a nonsubstantive change to that provision.

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 13703 is added to the Penal Code, to read:

13703.
 (a) Every law enforcement agency in the state shall develop and adopt a lethality assessment tool for use in responding to domestic violence calls by July 1, 2018.
(b) The Department of Justice shall develop a model lethality assessment tool for guidance and potential adoption by local law enforcement agencies by June 1, 2018.
(c) For the purposes of this section, a “lethality assessment tool” is a tool used to assist law enforcement in determining the level of risk a victim of domestic violence faces from his or her abuser.

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.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
The need to provide timely protection for potential victims of domestic violence.