BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 430|
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                                 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))

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          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 







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            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

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