Bill Text: CA AB1280 | 2009-2010 | Regular Session | Chaptered
Bill Title: Child abuse sentencing: child becoming comatose or
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2010-09-27 - Chaptered by Secretary of State - Chapter 300, Statutes of 2010. [AB1280 Detail]
Download: California-2009-AB1280-Chaptered.html
BILL NUMBER: AB 1280 CHAPTERED
BILL TEXT
CHAPTER 300
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2010
APPROVED BY GOVERNOR SEPTEMBER 25, 2010
PASSED THE SENATE AUGUST 19, 2010
PASSED THE ASSEMBLY AUGUST 24, 2010
AMENDED IN SENATE JULY 15, 2010
AMENDED IN SENATE JUNE 25, 2009
AMENDED IN ASSEMBLY MAY 6, 2009
INTRODUCED BY Assembly Member Villines
(Coauthor: Assembly Member Adams)
FEBRUARY 27, 2009
An act to amend Section 273ab of the Penal Code, relating to child
abuse.
LEGISLATIVE COUNSEL'S DIGEST
AB 1280, Villines. Child abuse sentencing: child becoming comatose
or suffering paralysis.
Existing law provides that any person who, having the care or
custody of a child who is under 8 years of age, assaults the child by
means of force that to a reasonable person would be likely to
produce great bodily injury, resulting in the child's death, shall be
punished by imprisonment in the state prison for 25 years to life.
This bill would, in addition, make it a felony, punishable by
imprisonment in the state prison for life with the possibility of
parole, for a person, having the care or custody of a child who is
under 8 years of age, to assault the child with force that to a
reasonable person would be likely to produce great bodily injury,
resulting in the child becoming comatose due to brain injury or
suffering paralysis of a permanent nature, as specified.
Because this bill would change the definition of a crime and
increase the punishment for an existing crime, it 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.
This bill would make its operation contingent on the enactment of
AB 1844 of the 2009-10 Regular Session of the Legislature.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 273ab of the Penal Code is amended to read:
273ab. (a) Any person, having the care or custody of a child who
is under eight years of age, who assaults the child by means of force
that to a reasonable person would be likely to produce great bodily
injury, resulting in the child's death, shall be punished by
imprisonment in the state prison for 25 years to life. Nothing in
this section shall be construed as affecting the applicability of
subdivision (a) of Section 187 or Section 189.
(b) Any person, having the care or custody of a child who is under
eight years of age, who assaults the child by means of force that to
a reasonable person would be likely to produce great bodily injury,
resulting in the child becoming comatose due to brain injury or
suffering paralysis of a permanent nature, shall be punished by
imprisonment in the state prison for life with the possibility of
parole. As used in this subdivision, "paralysis" means a major or
complete loss of motor function resulting from injury to the nervous
system or to a muscular mechanism.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 3. This act shall only become operative if Assembly Bill 1844
of the 2009-10 Regular Session of the Legislature is enacted.
