Domestic violence.

Plain English Breakdown

The bill's status is 'Passed Legislature' but it does not specify an effective date.

Domestic Violence

AB-292 increases the penalties for domestic violence crimes, including longer prison sentences and higher fines, and classifies felony domestic violence as a violent felony under California law.

What This Bill Does

• Increases the prison time to 2, 4, or 5 years if someone is convicted of willfully inflicting corporal injury resulting in traumatic conditions on specified persons within 7 years of a previous felony conviction.
• Adds a fine up to $10,000 for those with a prior felony conviction under these provisions within 7 years.
• Requires jail time of at least 60 days as part of probation if someone has one prior felony domestic violence conviction.
• Expands the definition of violent felonies to include felony domestic violence.

Who It Names or Affects

• People who commit domestic violence crimes
• Local law enforcement and courts dealing with domestic violence cases

Terms To Know

Violent Felony

A serious crime that involves the use or threat of force against someone.

Three Strikes Law

A law in California that gives longer sentences to repeat offenders who commit violent felonies.

Limits and Unknowns

• The bill does not specify how it will be enforced or funded.
• It is unclear if the changes will reduce domestic violence incidents.

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