Bill Text: CA AB1861 | 2009-2010 | Regular Session | Introduced

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Bill Title: Child abuse.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-16 - From printer. May be heard in committee March 18. [AB1861 Detail]

Download: California-2009-AB1861-Introduced.html

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BILL NUMBER: AB 1861	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Villines

                        FEBRUARY 12, 2010

   An act to amend Section 273a of the Penal Code, relating to child
abuse.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1861, as introduced, Villines. Child abuse.
   Existing law provides that it is unlawful for any person to
willfully cause or permit any child to suffer, or inflict thereon
unjustifiable physical pain or mental suffering, or having the care
or custody of any child, willfully cause or permit the person or
health of that child to be injured, or willfully cause or permit that
child to be placed in a situation where his or her person or health
is endangered. This conduct is a misdemeanor or felony if it is done
under circumstances or conditions likely to produce great bodily harm
or death to the child, and a misdemeanor if these circumstances are
not present.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 273a of the Penal Code is amended to read:
   273a.  (a)  Any   Every  person who,
under circumstances or conditions likely to produce great bodily harm
or death, willfully causes or permits any child to suffer, or
inflicts thereon unjustifiable physical pain or mental suffering, or
having the care or custody of any child, willfully causes or permits
the person or health of that child to be injured, or willfully causes
or permits that child to be placed in a situation where his or her
person or health is endangered, shall be punished by imprisonment in
a county jail not exceeding one year, or in the state prison for two,
four, or six years.
   (b)  Any   Every  person who, under
circumstances or conditions other than those likely to produce great
bodily harm or death, willfully causes or permits any child to
suffer, or inflicts thereon unjustifiable physical pain or mental
suffering, or having the care or custody of any child, willfully
causes or permits the person or health of that child to be injured,
or willfully causes or permits that child to be placed in a situation
where his or her person or health may be endangered, is guilty of a
misdemeanor.
   (c) If a person is convicted of violating this section and
probation is granted, the court shall require the following minimum
conditions of probation:
   (1) A mandatory minimum period of probation of 48 months.
   (2) A criminal court protective order protecting the victim from
further acts of violence or threats, and, if appropriate, residence
exclusion or stay-away conditions.
   (3) (A) Successful completion of no less than one year of a child
abuser's treatment counseling program approved by the probation
department. The defendant shall be ordered to begin participation in
the program immediately upon the grant of probation. The counseling
program shall meet the criteria specified in Section 273.1. The
defendant shall produce documentation of program enrollment to the
court within 30 days of enrollment, along with quarterly progress
reports.
   (B) The terms of probation for offenders shall not be lifted until
all reasonable fees due to the counseling program have been paid in
full, but in no case shall probation be extended beyond the term
provided in subdivision (a) of Section 1203.1. If the court finds
that the defendant does not have the ability to pay the fees based on
the defendant's changed circumstances, the court may reduce or waive
the fees.
   (4) If the offense was committed while the defendant was under the
influence of drugs or alcohol, the defendant shall abstain from the
use of drugs or alcohol during the period of probation and shall be
subject to random drug testing by his or her probation officer.
   (5) The court may waive any of the above minimum conditions of
probation upon a finding that the condition would not be in the best
interests of justice. The court shall state on the record its reasons
for any waiver.