BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 430| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 430 Author: Kehoe (D), et al. Amended: 5/10/11 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 5-0, 5/3/11 AYES: Hancock, Calderon, Liu, Price, Steinberg NO VOTE RECORDED: Anderson, Harman SUBJECT : Domestic violence: strangulation and suffocation SOURCE : Family Justice Center Alliance DIGEST : This bill states in statute that a traumatic condition," as that term is used in the "felony" domestic violence statute, can result from strangulation or suffocation, as specified. ANALYSIS : Existing law provides that it is an alternate felony-misdemeanor (wobbler) for any person to willfully inflict corporal injury resulting in a traumatic condition upon any of the following persons: spouse, former spouse, cohabitant, former cohabitant, or the mother or father of the offender's child. The offense is punishable by imprisonment in the state prison for two, three or four years, or in the county jail for up to one year, or a fine of up to $6,000, or both such fine and imprisonment. (Penal Code Section 273.5, subd. (a)) CONTINUED SB 430 Page 2 Existing law defines "traumatic condition" to mean a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by a physical force. (Penal Code Section 273.5, subd. (a)) This bill revises Penal Code Section 273.5 to state that a traumatic condition can include, but not be limited to, injury as a result of strangulation or suffocation. This bill provides that for purposes of this section, strangulation and suffocation include impeding a person's normal breathing or circulation of the blood by applying pressure on the throat or neck. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 5/12/11) Family Justice Center Alliance (source) Alameda County District Attorney Center for Community Solutions San Diego County District Attorney Stanislaus County District Attorney ARGUMENTS IN SUPPORT : According to the author: "Almost half of domestic violence homicide victims experienced at least one episode of attempted strangulation prior to a lethal or near-lethal violent incident. Victims of prior attempted strangulation are seven times more likely to become a homicide victim. In order to combat this criminal behavior, thirty states have passed special strangulation statutes. By providing clear legislation to guide judges and juries in addressing this extremely lethal form of violence which occurs particularly often in domestic violence cases, homicides will be reduced, lives saved, and surviving victims will enter a more informed and responsive criminal justice system. "SB 430 simply and explicitly states what is clearly true -- that strangulation or suffocation can cause a SB 430 Page 3 traumatic condition. SB 430 clarifies for jurors the proper application of existing law in cases involving the most dangerous kinds of domestic violence." RJG:mw 5/12/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****