BILL NUMBER: AB 755	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lieber

                        FEBRUARY 22, 2007

   An act to amend Section 273a of the Penal Code, relating to
corporal punishment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 755, as introduced, Lieber. Corporal punishment.
   Existing law makes it a crime for any person, under specified
circumstances, to willfully cause or permit a child to suffer, or
inflicts on a child unjustifiable physical pain or mental suffering.
   This bill would create a rebuttable presumption that if the
physical pain or mental suffering results from the use of an
implementation, throwing, kicking, burning, or cutting a child,
striking a child with a closed fist, striking a child under the age
of 3 on the face or head, vigorous shaking of a child under the age
of 3, interference with a child's breathing, or threatening a child
with a deadly weapon, then it is unjustifiable. This bill would also
authorize the court to order a person convicted of this offense into
a nonviolent parental education class as a condition of probation, if
appropriate.
   By changing the definition and punishment for a crime, 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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) The Legislature hereby finds and declares that
child abuse is a major social problem and that children in the age
group of birth to three years suffer the highest rate of
victimization. Child fatalities are the most tragic consequence of
maltreatment, and the vast majority of children killed are younger
than four years old. Fatal abuse is too often the result of hitting
or shaking by caregivers under the guise of discipline. Infants and
toddlers are the most vulnerable because of their tender age and
inability to defend themselves or ask for help. It is therefore
wholly reasonable that the integrity and sanctity of their bodies
should be afforded the greatest protection possible under the law.
 
   (a) 
    (b)  Any 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) 
    (c)  Any 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. 
   (d) If the infliction of physical pain or mental suffering
occurred as a result of any of the following, then there is a
rebuttable presumption that the physical pain or mental suffering is
unjustifiable:  
   (1) The use of an implementation, including, but not limited to, a
stick, a rod, a switch, an electrical cord, an extension cord, a
belt, a broom, or a shoe.  
   (2) Throwing, kicking, burning, or cutting a child.  
   (3) Striking a child with a closed fist.  
   (4) Striking a child under the age of three on the face or head.
 
   (5) Vigorous shaking of a child under the age of three.  

   (6) Interference with a child's breathing.  
   (7) Threatening a child with a deadly weapon.  
   (c) 
    (e)  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  either a nonviolent parental
education class approved by the probation department or  no
less than one year of a child abuser's treatment counseling program
approved by the probation department.  The court shall determine
whether the parenting class or the treatment counseling program is
most appropriate under the circumstances of each particular case and
order the defendant to complete the one which is the most
appropriate.  The defendant shall be ordered to begin
participation in  either the class or  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.
  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.