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Sunday, January 26, 2025

California lawmakers push bill to classify domestic violence as violent felony

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State Rep. Joe Patterson, District 5 | Official U.S. House headshot

State Rep. Joe Patterson, District 5 | Official U.S. House headshot

Assemblymembers Joe Patterson and Juan Alanis have introduced a bill aimed at reclassifying felony domestic violence as a "violent felony" in California. Known as AB 292, the legislation seeks to make offenders ineligible for early release, marking the third attempt to pass such a measure after it was denied a hearing in 2024. The California State Sheriffs’ Association is sponsoring the bill.

Statistics indicate that nearly two-thirds of mass shooters have histories of domestic violence or have killed a family member, highlighting the risk posed by these offenders. Assemblyman Patterson emphasized the broader public safety crisis associated with violent domestic abusers, stating, “The data speaks for itself: violent domestic abusers are the individuals most likely to commit mass shootings."

Assemblyman Alanis, Vice Chair of the Assembly Public Safety Committee and a career law enforcement officer, described classifying domestic violence as a violent felony as "a common-sense proposal." He noted that responding to such incidents is among the most dangerous situations faced by law enforcement.

The case of Smiley Martin, involved in the 2022 Sacramento mass shooting, exemplifies this issue. Convicted in 2018 for brutal domestic violence assault, Martin served only four years of his ten-year sentence due to current laws classifying such offenses as "nonviolent."

Orange County Sheriff Don Barnes, President of the California State Sheriffs’ Association, remarked on the inherent violence of felony domestic violence crimes. “As the Legislature continues to re-examine and adjust the violent felony list, adding felony domestic violence is an obvious way to increase accountability and protect victims,” he said.

Current laws allow many felony domestic abuse convictions to be considered "nonviolent," making offenders eligible for early release after serving half their sentence. Such felonies also do not count as strikes under California’s three-strikes law. A report from the California Department of Justice identifies domestic violence convictions as leading indicators of future violent behavior.

In response to these issues, AB 292 aims to reclassify severe domestic violence offenses as "violent crimes," preventing early release for repeat offenders and strengthening penalties. Patterson and Alanis hope this bipartisan effort will receive due consideration.

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