Domestic violence.

Plain English Breakdown

The candidate explanation included speculative claims about the impact on local agencies and schools, which are not supported by the official source material.

Making Domestic Violence Felonies More Serious

AB-292 increases the punishment and jail time for repeat offenders who commit domestic violence.

What This Bill Does

• Increases the prison sentence to 2, 4, or 5 years if someone is convicted of domestic violence within 7 years of a previous felony conviction under similar provisions.
• Requires a minimum jail sentence of 60 days as part of probation for those with one prior felony conviction under these provisions.
• Expands the definition of violent felonies to include felony domestic violence, which means harsher punishments for repeat offenders under the three strikes law.

Who It Names or Affects

• People who commit domestic violence and have been convicted before.
• Courts that decide sentences for people found guilty of domestic violence.
• The state and local agencies as it relates to sentencing enhancements but not in terms of additional financial burdens.

Terms To Know

Three Strikes Law

A rule that makes punishments much harsher if someone has been convicted of serious crimes before.

Violent Felony

A very serious crime involving violence or the threat of violence.

Limits and Unknowns

• The bill does not specify how it will affect first-time offenders.
• It is unclear if this law will reduce the number of domestic violence cases.

Official Summary Text

AB 292, as amended, Patterson.
Violent felonies: domestic violence.
Domestic violence.
Under existing law, a person who willfully inflicts corporal injury resulting in a traumatic condition upon specified persons, including, among others, the offender’s spouse or former spouse, is guilty of a crime, punishable by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not more than 1 year, or by a fine of up to $6,000. Existing law also provides conditions for probation for a violation of these provisions if the person has a previous conviction of certain assault and battery offenses, as specified.
This bill would make this crime punishable by imprisonment in state prison for 2, 4, or 5 years, or by imprisonment and a
fine of up to $10,000 if a person is convicted for violating these provisions within 7 years of a previous felony conviction under these provisions. The bill would also, if a person has one prior felony conviction under these provisions, require that the defendant be imprisoned in a county jail for not less than 60 days as a condition of probation. By increasing the penalty for existing crimes, the 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.
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.

Current Bill Text

Download Bill PDF