BILL NUMBER: SB 430	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Kehoe
   (Coauthors: Assembly Members Atkins and Fletcher)

                        FEBRUARY 16, 2011

   An act to add Section 249 to the Penal Code, relating to
strangulation.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 430, as introduced, Kehoe. Strangulation.
   Existing law establishes various crimes against the person, such
as assault and battery, and provides that any person who willfully
inflicts upon a person who is his or her spouse, former spouse,
cohabitant, former cohabitant, or the mother or father of his or her
child, corporal injury resulting in a traumatic condition, is guilty
of a felony punishable by imprisonment in the state prison for 2, 3,
or 4 years, or as a misdemeanor with specified penalties.
   This bill would provide that any person who willfully and
unlawfully strangles, suffocates, or attempts to suffocate a person
is guilty of a felony punishable by incarceration in the state prison
for a term of 2, 3, or 4 years. The bill would provide that if the
defendant and victim are in a specified relationship, the defendant
would be subject to an enhancement of an additional 2 years in state
prison. The bill would provide that evidence of either an intent to
kill or injure the victim or visible injuries is not required to
convict a defendant of violating these provisions.
   By creating a new crime, 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.
   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 249 is added to the Penal Code, to read:
   249.  (a) Any person who willfully and unlawfully strangles,
suffocates, or attempts to suffocate a person is guilty of a felony
punishable by incarceration in the state prison for a term of two,
three, or four years.
   (b) For a defendant to be convicted of a violation of subdivision
(a), evidence of either of the following is not required:
   (1) An intent to kill or injure the victim.
   (2) Visible injuries.
   (c) If the defendant and the victim are in a relationship
described in subdivision (b) of Section 13700, the defendant shall be
subject to an enhanced penalty of two additional years imprisonment
in the state prison.
   (d) (1) "Strangle" for purposes of this section means to
intentionally, knowingly, or recklessly impede the normal breathing
or circulation of the blood of a person by applying pressure on the
throat or neck.
   (2) "Suffocate" for purposes of this section means to
intentionally, knowingly, or recklessly impede the normal breathing
of a person.
   (e) Nothing in this section shall preclude prosecution of a person
under any other provision of this code.
  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.