BILL NUMBER: SB 258	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wyland

                        FEBRUARY 10, 2011

   An act to amend Section 245.5 of the Penal Code, relating to an
offense likely to produce great bodily injury.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 258, as introduced, Wyland. Bodily injury: offense.
   Existing law provides that the punishment for committing an
assault with a deadly weapon or instrument, other than a firearm, or
by any means likely to produce great bodily injury upon the person of
a school employee, and who knows or reasonably should know that the
victim is a school employee engaged in the performance of his or her
duties, when that school employee is engaged in the performance of
his or her duties, is imprisonment in the state prison for 3, 4, or 5
years, or in a county jail not exceeding one year.
   This bill would make technical, nonsubstantive change 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 245.5 of the Penal Code is amended to read:
   245.5.  (a)  Every   Any  person who
commits an assault with a deadly weapon or instrument, other than a
firearm, or by any means likely to produce great bodily injury upon
the person of a school employee, and who knows or reasonably should
know that the victim is a school employee engaged in the performance
of his or her duties, when that school employee is engaged in the
performance of his or her duties, shall be punished by imprisonment
in the state prison for three, four, or five years, or in a county
jail not exceeding one year.
   (b)  Every   Any    person who
commits an assault with a firearm upon the person of a school
employee, and who knows or reasonably should know that the victim is
a school employee engaged in the performance of his or her duties,
when the school employee is engaged in the performance of his or her
duties, shall be punished by imprisonment in the state prison for
four, six, or eight years, or in a county jail for not less than six
months and not exceeding one year.
   (c)  (1)     Every   Any
 person who commits an assault upon the person of a school
employee with a stun gun or taser, and who knows or reasonably should
know that the person is a school employee engaged in the performance
of his or her duties, when the school employee is engaged in the
performance of his or her duties, shall be punished by imprisonment
in a county jail for a term not exceeding one year or by imprisonment
in the state prison for two, three, or four years. 
   This 
    (2)     This  subdivision shall not be
construed to preclude or in any way limit the applicability of
Section 245 in any criminal prosecution.
   (d) As used in the section, "school employee" means any person
employed as a permanent or probationary certificated or classified
employee of a school district on a part-time or full-time basis,
including a substitute teacher. "School employee," as used in this
section, also includes a student teacher, or a school board member.
"School," as used in this section, has the same meaning as that term
is defined in Section 626.