BILL NUMBER: AB 187	CHAPTERED  08/01/03

	CHAPTER  138
	FILED WITH SECRETARY OF STATE  AUGUST 1, 2003
	APPROVED BY GOVERNOR  JULY 31, 2003
	PASSED THE SENATE  JULY 21, 2003
	PASSED THE ASSEMBLY  MAY 29, 2003
	AMENDED IN ASSEMBLY  MAY 8, 2003
	AMENDED IN ASSEMBLY  APRIL 3, 2003

INTRODUCED BY   Assembly Members Runner and Garcia

                        JANUARY 27, 2003

   An act to add Sections 241.8 and 243.10 to the Penal Code,
relating to crime.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 187, Runner.  Crime.
   Existing law defines an assault as an unlawful attempt, coupled
with a present ability, to commit a violent injury upon the person of
another and provides that it is punishable by a fine not exceeding
$1,000, or imprisonment in a county jail for a period not exceeding 6
months, or by both that fine and imprisonment.
   This bill would provide that any person who commits an assault
against a member of the United States Armed Forces, as specified,
would be punished by a fine not to exceed $2,000, or imprisonment in
a county jail for a period not to exceed one year, or by both that
imprisonment and fine.
   Existing law defines a battery as any willful and unlawful use of
force or violence upon the person of another and provides that it is
punishable by a fine not exceeding $2,000, or imprisonment in a
county jail for a period not exceeding 6 months, or by both that fine
and imprisonment.
   This bill would provide that any person who commits a battery
against a member of the United States Armed Forces, as specified,
would be punished by a fine not to exceed $2,000, imprisonment in a
county jail for a period not to exceed one year, or by both that fine
and imprisonment.
   Because this bill would create new crimes, 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.


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


  SECTION 1.  Section 241.8 is added to the Penal Code, to read:
   241.8.  (a) Any person who commits an assault against a member of
the United States Armed Forces because of the victim's service in the
United States Armed Forces shall be punished by a fine not exceeding
two thousand dollars ($2,000), by imprisonment in a county jail for
a period not exceeding one year, or by both that fine and
imprisonment.
   (b) "Because of" means that the bias motivation must be a cause in
fact of the assault, whether or not other causes exist.  When
multiple concurrent motives exist, the prohibited bias must be a
substantial factor in bringing about the assault.
  SEC. 2.  Section 243.10 is added to the Penal Code, to read:
   243.10.  (a) Any person who commits a battery against a member of
the United States Armed Forces because of the victim's service in the
United States Armed Forces shall be punished by a fine not exceeding
two thousand dollars ($2,000), by imprisonment in a county jail for
a period not exceeding one year, or by both that fine and
imprisonment.
   (b) "Because of" means that the bias motivation must be a cause in
fact of the battery, whether or not other causes exist.  When
multiple concurrent motives exist, the prohibited bias must be a
substantial factor in bringing about the battery.
  SEC. 3.  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.