BILL NUMBER: SB 1997	AMENDED	05/12/94
	BILL TEXT

	AMENDED IN SENATE   MAY 12, 1994
	AMENDED IN SENATE   APRIL 26, 1994

INTRODUCED BY  Senators Russell, Kopp, Rogers, and Wyman
   (Coauthors: Assembly Members Andal, Richter, and Seastrand)

                        FEBRUARY 25, 1994

   An act to add Section 667.83 to the Penal Code, relating to
sentencing.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1997, as amended, Russell.  Crimes:  enhancements.
   Under existing law, any person convicted of certain felony
offenses, including, for example, the kidnapping of a child
under the age of 14 years, is punished by an enhancement or a
term in addition to the punishment prescribed for the base
crime.
   This bill would provide that any person convicted of certain
felony offenses involving a child under the age of 14 years,
including any sexual offense or the willful causing of physical
pain and mental suffering or the willful infliction of cruel or
inhumane physical punishment pursuant to specified provisions of
the law, as part of a ceremony, rite, or any similar
observance, as defined, shall be punished by an additional term
of 3 years.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:
yes. State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1. Section 667.83 is added to the Penal Code, to read:
  {-
   667.83.  (a) Any person convicted of a felony violation of
Section 273a, 273d, or 288, or of a felony violation of any
sexual offense against a child under the age of 14 years, when
the violation is committed as part of a ceremony, rite, or any
similar observance, shall be punished by an additional term of
three years. -} {+
   667.83.  (a) When a person is convicted of any of the
following offenses where the offense was committed as part of a
ceremony, rite, or any similar observance, the person shall be
punished by an additional term of three years:
   (1) A felony violation of Section 273a, 273d, or 288.
   (2) A felony violation of any sexual offense against a child
under the age of 14 years. +}
   (b) For purposes of this section, "a ceremony, rite, or any
similar observance" shall mean any of the following:
   (1) Actual or simulated torture, mutilation, or sacrifice of
any warm-blooded animal or human being.
   (2) Forced ingestion, injection, or other application of any
narcotic, drug, hallucinogen, or anaesthetic for the purpose of
dulling sensitivity, cognition, recollection of, or resistance
to any criminal activity.
   (3) Forced ingestion, or external application, of human or
animal urine, feces, flesh, blood, bones, body secretions,
nonprescribed drugs, or chemical compounds.
   (4) Involvement of the child in a mock, unauthorized or
unlawful marriage ceremony with another person or representation
of any force or deity, followed by sexual contact with the
child.
   (5) Placement of a living child into a coffin or open grave
containing a human corpse or remains.
   (6) Unlawful dissection, mutilation, or incineration of a
human corpse.
   (c) This section shall not apply to:
   (1) Lawful agricultural, animal husbandry, food preparation,
or wild game hunting and fishing practices and specifically the
branding or identification of livestock.
   (2) The lawful medical practice of circumcision or any
ceremony related thereto.
   (3) Any state or federally approved, licensed, or funded
research project.
   (d) The enhancement charged in violation of subdivision (a)
shall be proven by the testimony of two witnesses, or of one
witness and corroborating circumstances.