California Legislature—2015–16 Regular Session

Assembly BillNo. 2633


Introduced by Assembly Member Hadley

February 19, 2016


An act to amend Section 26 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

AB 2633, as introduced, Hadley. Crimes: capacity.

Existing law provides that all persons are capable of committing crimes except those belonging to specified classes, including, among others, persons who are mentally incapacitated or who committed the act charged without being conscious thereof.

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

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P1    1

SECTION 1.  

Section 26 of the Penal Code is amended to read:

2

26.  

All persons are capable of committing crimes except those
3belonging to the following classes:

begin delete

4One-- Children

end delete

5begin insert(a)end insertbegin insertend insertbegin insertChildrenend insert underbegin delete the age of 14,end deletebegin insert 14 years of age,end insert in the absence
6of clear proof that at the time of committing the act charged against
7them, they knew its wrongfulness.

begin delete

8Two-- Persons

end delete

9begin insert(end insertbegin insertb)end insertbegin insertend insertbegin insertPersonsend insert who are mentally incapacitated.

begin delete

10Three-- Persons

end delete

P2    1begin insert(end insertbegin insertc)end insertbegin insertend insertbegin insertPersonsend insert who committed the act or made the omission
2charged under an ignorance or mistake of fact, which disproves
3any criminal intent.

begin delete

4Four-- Persons

end delete

5begin insert(end insertbegin insertd)end insertbegin insertend insertbegin insertPersonsend insert who committed the act charged without being
6conscious thereof.

begin delete

7Five-- Persons

end delete

8begin insert(end insertbegin inserte)end insertbegin insertend insertbegin insertPersonsend insert who committed the act or made the omission
9charged through misfortune or by accident, when it appears that
10there was no evil design, intention, or culpable negligence.

begin delete

11Six-- Persons (unless the crime be punishable with death) who

end delete

12begin insert(f)end insertbegin insertend insertbegin insertUnless the crime is punishable with death, persons whoend insert
13 committed the act or made the omission charged under threats or
14menaces sufficient to show that they had reasonable cause to and
15did believe their lives would be endangered if they refused.



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