Amended in Assembly March 19, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 545


Introduced by Assembly Member Melendez

February 23, 2015


An act to amend Sectionbegin delete 273.5end deletebegin insert 243end insert of the Penal Code, relating to domestic violence.

LEGISLATIVE COUNSEL’S DIGEST

AB 545, as amended, Melendez. Domestic violence.

begin insert

Under existing law, a battery committed against a spouse, a person with whom the defendant is cohabitating, a person who is the parent of the defendant’s child, a former spouse, a fiancé or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, is punishable by a fine not exceeding $2,000, or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, existing law requires the defendant to complete a batterer’s treatment program. If probation is granted in the case of a person who has previously been convicted of a violation of these provisions, existing law requires that the person be imprisoned for not less than 48 hours.

end insert
begin insert

This bill would require a person who has a previous conviction for the above-specified offense to be imprisoned for not less than 5 days if probation is granted for the subsequent offense, and would require the person to be imprisoned for not less than 10 days if the person has previously been convicted of willfully inflicting corporal injury resulting in a traumatic condition upon a spouse or former spouse, cohabitant or former cohabitant, fiancé or fiancee, or someone with whom the offender has, or previously had, an engagement or dating relationship, or the mother or father of the offender’s child. By increasing the punishment for a crime, this bill would impose a state-mandated local program.

end insert
begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

Existing law makes it a crime, punishable by a fine, by imprisonment, or by both a fine and imprisonment, for a person to willfully inflict corporal injury resulting in a traumatic condition upon a person with whom the defendant has been in a specified domestic relationship.

end delete
begin delete

This bill would make technical, nonsubstantive changes to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 243 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

3

243.  

(a) A battery is punishable by a fine not exceeding two
4thousand dollars ($2,000), or by imprisonment in a county jail not
5exceeding six months, or by both that fine and imprisonment.

6(b) When a battery is committed against the person of a peace
7officer, custodial officer, firefighter, emergency medical technician,
8lifeguard, security officer, custody assistant, process server, traffic
9officer, code enforcement officer, animal control officer, or search
10and rescue member engaged in the performance of his or her duties,
11whether on or off duty, including when the peace officer is in a
12police uniform and is concurrently performing the duties required
13of him or her as a peace officer while also employed in a private
14capacity as a part-time or casual private security guard or
15patrolman, or a nonsworn employee of a probation department
16engaged in the performance of his or her duties, whether on or off
17duty, or a physician or nurse engaged in rendering emergency
18medical care outside a hospital, clinic, or other health care facility,
19and the person committing the offense knows or reasonably should
P3    1know that the victim is a peace officer, custodial officer, firefighter,
2emergency medical technician, lifeguard, security officer, custody
3assistant, process server, traffic officer, code enforcement officer,
4animal control officer, or search and rescue member engaged in
5the performance of his or her duties, nonsworn employee of a
6probation department, or a physician or nurse engaged in rendering
7emergency medical care, the battery is punishable by a fine not
8exceeding two thousand dollars ($2,000), or by imprisonment in
9a county jail not exceeding one year, or by both that fine and
10imprisonment.

11(c) (1) When a battery is committed against a custodial officer,
12firefighter, emergency medical technician, lifeguard, process server,
13traffic officer, or animal control officer engaged in the performance
14of his or her duties, whether on or off duty, or a nonsworn
15employee of a probation department engaged in the performance
16of his or her duties, whether on or off duty, or a physician or nurse
17engaged in rendering emergency medical care outside a hospital,
18clinic, or other health care facility, and the person committing the
19offense knows or reasonably should know that the victim is a
20nonsworn employee of a probation department, custodial officer,
21firefighter, emergency medical technician, lifeguard, process server,
22traffic officer, or animal control officer engaged in the performance
23of his or her duties, or a physician or nurse engaged in rendering
24emergency medical care, and an injury is inflicted on that victim,
25the battery is punishable by a fine of not more than two thousand
26dollars ($2,000), by imprisonment in a county jail not exceeding
27one year, or by both that fine and imprisonment, or by
28imprisonment pursuant to subdivision (h) of Section 1170 for 16
29months, or two or three years.

30(2) When the battery specified in paragraph (1) is committed
31against a peace officer engaged in the performance of his or her
32duties, whether on or off duty, including when the peace officer
33is in a police uniform and is concurrently performing the duties
34required of him or her as a peace officer while also employed in
35a private capacity as a part-time or casual private security guard
36or patrolman and the person committing the offense knows or
37reasonably should know that the victim is a peace officer engaged
38in the performance of his or her duties, the battery is punishable
39by a fine of not more than ten thousand dollars ($10,000), or by
40imprisonment in a county jail not exceeding one year or pursuant
P4    1to subdivision (h) of Section 1170 for 16 months, or two or three
2years, or by both that fine and imprisonment.

3(d) When a battery is committed against any person and serious
4bodily injury is inflicted on the person, the battery is punishable
5by imprisonment in a county jail not exceeding one year or
6imprisonment pursuant to subdivision (h) of Section 1170 for two,
7three, or four years.

8(e) (1) When a battery is committed against a spouse, a person
9with whom the defendant is cohabiting, a person who is the parent
10of the defendant’s child, former spouse, fiancé, or fiancée, or a
11person with whom the defendant currently has, or has previously
12had, a dating or engagement relationship, the battery is punishable
13by a fine not exceeding two thousand dollars ($2,000), or by
14imprisonment in a county jail for a period of not more than one
15year, or by both that fine and imprisonment. If probation is granted,
16or the execution or imposition of the sentence is suspended, it shall
17be a condition thereof that the defendant participate in, for no less
18than one year, and successfully complete, a batterer’s treatment
19program, as described in Section 1203.097, or if none is available,
20another appropriate counseling program designated by the court.
21However, this provision shall not be construed as requiring a city,
22a county, or a city and county to provide a new program or higher
23level of service as contemplated by Section 6 of Article XIII B of
24the California Constitution.

25(2) Upon conviction of a violation of this subdivision, if
26probation is granted, the conditions of probation may include, in
27lieu of a fine, one or both of the following requirements:

28(A) That the defendant make payments to a battered women’s
29shelter, up to a maximum of five thousand dollars ($5,000).

30(B) That the defendant reimburse the victim for reasonable costs
31of counseling and other reasonable expenses that the court finds
32are the direct result of the defendant’s offense.

33For any order to pay a fine, make payments to a battered
34women’s shelter, or pay restitution as a condition of probation
35under this subdivision, the court shall make a determination of the
36defendant’s ability to pay. In no event shall any order to make
37payments to a battered women’s shelter be made if it would impair
38the ability of the defendant to pay direct restitution to the victim
39or court-ordered child support. If the injury to a married person is
40caused in whole or in part by the criminal acts of his or her spouse
P5    1in violation of this section, the community property shall not be
2used to discharge the liability of the offending spouse for restitution
3to the injured spouse, required by Section 1203.04, as operative
4on or before August 2, 1995, or Section 1202.4, or to a shelter for
5costs with regard to the injured spouse and dependents, required
6by this section, until all separate property of the offending spouse
7is exhausted.

8(3)begin insertend insertbegin insert(A)end insert Upon conviction of a violation of this subdivision, if
9probation is granted or the execution or imposition of the sentence
10is suspended and the person has been previously convicted of a
11violation of this subdivision and sentenced under paragraph (1),
12the person shall be imprisoned for not less thanbegin delete 48 hoursend deletebegin insert five daysend insert
13 in addition to the conditions in paragraph (1). However, the court,
14upon a showing of good cause, may elect not to impose the
15mandatory minimum imprisonment as required by thisbegin delete subdivisionend delete
16begin insert subparagraphend insert and may, under these circumstances, grant probation
17or order the suspension of the execution or imposition of the
18sentence.

begin insert

19(B) Upon conviction of a violation of this subdivision, if
20probation is granted or the execution or imposition of sentence is
21suspended and the person has previously been convicted of a
22violation of Section 273.5, the person shall be imprisoned for not
23less than 10 days in addition to the conditions in paragraph (1).
24However, the court, upon a showing of good cause, may elect not
25to impose the mandatory minimum imprisonment as required by
26this subparagraph and may, under these circumstances, grant
27probation or order the suspension of the execution or imposition
28of the sentence.

end insert

29(4) The Legislature finds and declares that these specified crimes
30merit special consideration when imposing a sentence so as to
31display society’s condemnation for these crimes of violence upon
32victims with whom a close relationship has been formed.

33(5) If a peace officer makes an arrest for a violation of paragraph
34(1) of subdivision (e) of this section, the peace officer is not
35required to inform the victim of his or her right to make a citizen’s
36arrest pursuant to subdivision (b) of Section 836.

37(f) As used in this section:

38(1) “Peace officer” means any person defined in Chapter 4.5
39(commencing with Section 830) of Title 3 of Part 2.

P6    1(2) “Emergency medical technician” means a person who is
2either an EMT-I, EMT-II, or EMT-P (paramedic), and possesses
3a valid certificate or license in accordance with the standards of
4Division 2.5 (commencing with Section 1797) of the Health and
5Safety Code.

6(3) “Nurse” means a person who meets the standards of Division
72.5 (commencing with Section 1797) of the Health and Safety
8Code.

9(4) “Serious bodily injury” means a serious impairment of
10physical condition, including, but not limited to, the following:
11loss of consciousness; concussion; bone fracture; protracted loss
12or impairment of function of any bodily member or organ; a wound
13requiring extensive suturing; and serious disfigurement.

14(5) “Injury” means any physical injury which requires
15professional medical treatment.

16(6) “Custodial officer” means any person who has the
17responsibilities and duties described in Section 831 and who is
18employed by a law enforcement agency of any city or county or
19who performs those duties as a volunteer.

20(7) “Lifeguard” means a person defined in paragraph (5) of
21subdivision (d) of Section 241.

22(8) “Traffic officer” means any person employed by a city,
23county, or city and county to monitor and enforce state laws and
24local ordinances relating to parking and the operation of vehicles.

25(9) “Animal control officer” means any person employed by a
26city, county, or city and county for purposes of enforcing animal
27control laws or regulations.

28(10) “Dating relationship” means frequent, intimate associations
29primarily characterized by the expectation of affectional or sexual
30involvement independent of financial considerations.

31(11) (A) “Code enforcement officer” means any person who
32is not described in Chapter 4.5 (commencing with Section 830) of
33Title 3 of Part 2 and who is employed by any governmental
34subdivision, public or quasi-public corporation, public agency,
35public service corporation, any town, city, county, or municipal
36corporation, whether incorporated or chartered, who has
37enforcement authority for health, safety, and welfare requirements,
38 and whose duties include enforcement of any statute, rules,
39regulations, or standards, and who is authorized to issue citations,
40or file formal complaints.

P7    1(B) “Code enforcement officer” also includes any person who
2is employed by the Department of Housing and Community
3Development who has enforcement authority for health, safety,
4and welfare requirements pursuant to the Employee Housing Act
5(Part 1 (commencing with Section 17000) of Division 13 of the
6Health and Safety Code); the State Housing Law (Part 1.5
7(commencing with Section 17910) of Division 13 of the Health
8and Safety Code); the Manufactured Housing Act of 1980 (Part 2
9(commencing with Section 18000) of Division 13 of the Health
10and Safety Code); the Mobilehome Parks Act (Part 2.1
11(commencing with Section 18200) of Division 13 of the Health
12and Safety Code); and the Special Occupancy Parks Act (Part 2.3
13(commencing with Section 18860) of Division 13 of the Health
14and Safety Code).

15(12) “Custody assistant” means any person who has the
16responsibilities and duties described in Section 831.7 and who is
17employed by a law enforcement agency of any city, county, or city
18and county.

19(13) “Search and rescue member” means any person who is part
20of an organized search and rescue team managed by a government
21agency.

22(14) “Security officer” means any person who has the
23responsibilities and duties described in Section 831.4 and who is
24employed by a law enforcement agency of any city, county, or city
25and county.

26(g) It is the intent of the Legislature by amendments to this
27section at the 1981-82 and 1983-84 Regular Sessions to abrogate
28the holdings in cases such as People v. Corey, 21 Cal. 3d 738, and
29Cervantez v. J.C. Penney Co., 24 Cal. 3d 579, and to reinstate prior
30judicial interpretations of this section as they relate to criminal
31sanctions for battery on peace officers who are employed, on a
32part-time or casual basis, while wearing a police uniform as private
33security guards or patrolmen and to allow the exercise of peace
34officer powers concurrently with that employment.

35begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district will be incurred because this act creates a new crime or
39infraction, eliminates a crime or infraction, or changes the penalty
40for a crime or infraction, within the meaning of Section 17556 of
P8    1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.

end insert
begin delete
4

SECTION 1.  

Section 273.5 of the Penal Code is amended to
5read:

6

273.5.  

(a) Every person who willfully inflicts corporal injury
7that results in a traumatic condition upon a victim described in
8subdivision (b) is guilty of a felony, and upon conviction thereof
9shall be punished by imprisonment in the state prison for two,
10three, or four years, or in a county jail for not more than one year,
11or by a fine of up to six thousand dollars ($6,000), or by both that
12fine and imprisonment.

13(b) Subdivision (a) applies if the victim is or was one or more
14of the following:

15(1) The offender’s spouse or former spouse.

16(2) The offender’s cohabitant or former cohabitant.

17(3) The offender’s fiancé or fiancée, or someone with whom
18the offender has, or previously had, an engagement or dating
19relationship, as defined in paragraph (10) of subdivision (f) of
20Section 243.

21(4) The mother or father of the offender’s child.

22(c) Holding oneself out to be the husband or wife of the person
23with whom one is cohabiting is not necessary to constitute
24cohabitation as that term is used in this section.

25(d) As used in this section, “traumatic condition” means a
26condition of the body, such as a wound, or external or internal
27injury, including, but not limited to, injury as a result of
28strangulation or suffocation, whether of a minor or serious nature,
29caused by a physical force. For purposes of this section,
30“strangulation” and “suffocation” include impeding the normal
31breathing or circulation of the blood of a person by applying
32pressure on the throat or neck.

33(e) For the purpose of this section, a person shall be considered
34the father or mother of another person’s child if the alleged male
35parent is presumed the natural father under Sections 7611 and 7612
36of the Family Code.

37(f) (1) Every person convicted of violating this section for acts
38occurring within seven years of a previous conviction under
39subdivision (a), or subdivision (d) of Section 243, or Section 243.4,
40244, 244.5, or 245, shall be punished by imprisonment in a county
P9    1jail for not more than one year, or by imprisonment in the state
2prison for two, four, or five years, or by both imprisonment and a
3fine of up to ten thousand dollars ($10,000).

4(2) Every person convicted of a violation of this section for acts
5occurring within seven years of a previous conviction under
6subdivision (e) of Section 243 shall be punished by imprisonment
7in the state prison for two, three, or four years, or in a county jail
8for not more than one year, or by a fine of up to ten thousand
9dollars ($10,000), or by both that imprisonment and fine.

10(g) If probation is granted to a person convicted under
11subdivision (a), the court shall impose probation consistent with
12the provisions of Section 1203.097.

13(h) If probation is granted, or the execution or imposition of a
14sentence is suspended, for a defendant convicted under subdivision
15(a) who has been convicted of a prior offense specified in
16subdivision (f), the court shall impose one of the following
17conditions of probation:

18(1) If the defendant has suffered one prior conviction within the
19previous seven years for a violation of an offense specified in
20subdivision (f), it shall be a condition of probation, in addition to
21the provisions contained in Section 1203.097, that he or she be
22imprisoned in a county jail for not less than 15 days.

23(2) If the defendant has suffered two or more prior convictions
24within the previous seven years for a violation of an offense
25specified in subdivision (f), it shall be a condition of probation, in
26addition to the provisions contained in Section 1203.097, that he
27or she be imprisoned in a county jail for not less than 60 days.

28(3) The court, upon a showing of good cause, may find that the
29mandatory imprisonment required by this subdivision shall not be
30imposed and shall state on the record its reasons for finding good
31cause.

32(i) If probation is granted upon conviction of a violation of
33subdivision (a), the conditions of probation may include, consistent
34with the terms of probation imposed pursuant to Section 1203.097,
35in lieu of a fine, one or both of the following requirements:

36(1) That the defendant make payments to a battered women’s
37shelter, up to a maximum of five thousand dollars ($5,000),
38pursuant to Section 1203.097.

P10   1(2) (A) That the defendant reimburse the victim for reasonable
2costs of counseling and other reasonable expenses that the court
3finds are the direct result of the defendant’s offense.

4(B) For an order to pay a fine, make payments to a battered
5women’s shelter, or pay restitution as a condition of probation
6under this subdivision, the court shall make a determination of the
7defendant’s ability to pay. An order to make payments to a battered
8women’s shelter shall not be made if it would impair the ability
9of the defendant to pay direct restitution to the victim or
10court-ordered child support. If the injury to a married person is
11caused in whole or in part by the criminal acts of his or her spouse
12in violation of this section, the community property may not be
13used to discharge the liability of the offending spouse for restitution
14to the injured spouse, required by Section 1203.04, as operative
15on or before August 2, 1995, or Section 1202.4, or to a shelter for
16costs with regard to the injured spouse and dependents, required
17by this section, until all separate property of the offending spouse
18is exhausted.

19(j) Upon conviction under subdivision (a), the sentencing court
20shall also consider issuing an order restraining the defendant from
21any contact with the victim, which may be valid for up to 10 years,
22as determined by the court. It is the intent of the Legislature that
23the length of any restraining order be based upon the seriousness
24of the facts before the court, the probability of future violations,
25and the safety of the victim and his or her immediate family. This
26protective order may be issued by the court whether the defendant
27is sentenced to state prison or county jail, or if imposition of
28sentence is suspended and the defendant is placed on probation.

29(k) If a peace officer makes an arrest for a violation of this
30section, the peace officer is not required to inform the victim of
31his or her right to make a citizen’s arrest pursuant to subdivision
32(b) of Section 836.

end delete


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