BILL ANALYSIS Ó
SB 430
Page 1
Date of Hearing: June 21, 2011
Counsel: Milena Nelson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 430 (Kehoe) - As Amended: June 15, 2011
SUMMARY : Specifies that for purposes of felony domestic
violence statute, "traumatic condition" includes an injury as a
result of strangulation or suffocation. Specifically, this bill
defines "strangulation" or "suffocation" as impeding the normal
breathing or circulation of the blood of a person by applying
pressure on the throat or neck and states that this act shall be
known as the "Diana Gonzalez Strangulation Prevention Act of
2011."
EXISTING LAW :
1)States that it is an alternate felony-misdemeanor 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. ÝPenal Code
Section 273.5(a).]
2)Defines "traumatic condition" as 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. ÝPenal Code
Section 273.5(c).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "SB 430 seeks to
rectify the fact that strangulation and suffocation cases are
often overlooked under existing statutes. Recent research has
confirmed that strangulation is one of the most lethal forms
of violence in domestic violence and sexual assault cases.
SB 430
Page 2
Prior to the research and recent focus on strangulation
training programs and specialized intervention processes, this
lethal violence was often minimized. In many cases, the lack
of physical evidence caused the criminal justice system to
treat 'choking' cases as minor incidents, much like a slap to
the face where only redness might appear. Today, based on the
involvement of the medical profession, specialized training
for police and prosecutors, and ongoing research,
strangulation has become a focus area for policy makers and
professionals working to reduce intimate partner violence and
sexual assault. Twenty-nine states have now passed
strangulation laws which provide clear legislative definitions
of the violent, life threatening assault now properly referred
to as strangulation. In October 2010, National City resident
Diana Gonzalez, was murdered by her husband at San Diego City
College. Gonzalez had previously obtained a restraining order
against him for domestic violence, including strangulation,
and brought related charges against him in 2009 that were
later dismissed. It is time for California to join these
other states and further recognize that strangulation and
suffocation within domestic violence is a serious social,
criminal, and civil justice issue in California."
2)Argument in Support : According to the Stanislaus County
District Attorney , "The California State Legislature can
protect women and prevent homicides by helping to better
define the potentially lethal conduct which occurs when a
violent criminal 'chokes' his victim. This statue is a
homicide prevention measure and will allow California law
enforcement professional to effectively intervene in more
cases of strangulation before there is serious injury or
death. The bill does not require intent to kill or injure
because such intent should not be necessary when the conduct
is as lethal as strangulation. It does require the conduct to
be willful and unlawful. California law provides clearly that
it must also be non-consensual. Research by medical
professionals has found that many victims who are murdered in
strangulation cases have no visible injuries. Non-homicide
strangulation cases may cause brain damage or other internal
injuries but many cases rarely have visible external injury of
any kind."
REGISTERED SUPPORT / OPPOSITION :
Support
SB 430
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California District Attorneys Association
Canyon County Idaho Prosecuting Attorney
Ceres Department of Public Safety
City of Anaheim Police Department
Division of Public Safety Leadership, John Hopkins University
School of Education
Family Justice Center Sonoma County
Fresno Police Department
Modesto Police Department
Nampa Family Justice Center
San Diego County District Attorney
Stanislaus County District Attorney
VOICES
11 private individuals
Opposition
None
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744