BILL NUMBER: AB 755	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 24, 2007

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 amended, 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  
authorize the finder of fact to consider  the use of an 
implementation,   implement, the  throwing,
kicking, burning, or cutting  of  a child,  the 
striking a child with a closed fist,  the  striking a child
under the age of 3 on the face or head,  the  vigorous
shaking of a child under the age of 3,  the  interference
with a child's breathing, or  threatening a child with
  the brandishing of  a deadly weapon  ,
then it is unjustifiable   upon a child when determining
whether or not a defendant willfully caused any child to suffer, or
inflicted unjustifiable physical pain or mental suffering on a child.
  Proo   f of the listed conduct would not be, by
itself, enough to prove guilt and the weight and significance of the
conduct is for the finder of fact to decide  . 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.
   (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.
   (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:  
   (d) (1) Subject to paragraph (2), in a prosecution for the
violation of this section and when determining whether or not a
defendant willfully caused any child to suffer, or inflicted
unjustifiable physical pain, or mental suffering, the finder of fact
may consider any of the following:  
   (1) 
    (A)  The use of an  implementation 
 implement  , 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) 
    (B)  Throwing, kicking, burning, or cutting a child.

   (3) 
    (C)  Striking a child with a closed fist. 
   (4) 
    (D)  Striking a child under the age of three on the face
or head. 
   (5) 
    (E)  Vigorous shaking of a child under the age of three.

   (6) 
    (F)  Interference with a child's breathing. 
   (7) Threatening a child with a deadly weapon.  
   (G) Brandishing a deadly weapon upon a child.  
   (2) Proof of the conduct listed in subparagraphs (A) through (G),
inclusive, is not sufficient, by itself, to prove guilt, and its
weight and significance, if any, is for the finder of fact to decide.

   (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.