BILL NUMBER: AB 1789 CHAPTERED 09/29/00 CHAPTER 919 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2000 APPROVED BY GOVERNOR SEPTEMBER 29, 2000 PASSED THE ASSEMBLY AUGUST 31, 2000 PASSED THE SENATE AUGUST 30, 2000 AMENDED IN SENATE JULY 5, 2000 AMENDED IN ASSEMBLY MARCH 28, 2000 INTRODUCED BY Assembly Member Zettel (Coauthors: Assembly Members Ashburn, Bates, Battin, Cox, Cunneen, Dickerson, House, Leach, Maddox, Margett, and Oller) (Coauthor: Senator Rainey) JANUARY 26, 2000 An act to amend Section 12022.7 of the Penal Code, relating to sentencing. LEGISLATIVE COUNSEL'S DIGEST AB 1789, Zettel. Sentencing: great bodily injury: child. Existing law requires imposition of an enhanced penalty of 3 years upon a person who personally inflicts great bodily injury upon a person other than an accomplice during the commission or attempted commission of a felony. Imposition of an enhanced penalty of 5 years is required if the person personally inflicts great bodily injury on another person who is 70 years of age or older other than an accomplice during the commission or attempted commission of a felony. This bill would require under the above provision, imposition of an enhanced penalty of 4, 5, or 6 years upon a person who personally inflicts great bodily injury on a child under the age of 5 years in the commission or attempted commission of a felony. By imposing an additional penalty that must be pled and proven, this bill would impose a state-mandated local program. 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. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 12022.7 of the Penal Code is amended to read: 12022.7. (a) A person who personally inflicts great bodily injury on any person other than an accomplice in the commission or attempted commission of a felony shall, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of three years, unless infliction of great bodily injury is an element of the offense of which he or she is convicted. (b) A person found to have inflicted great bodily injury pursuant to subdivision (a) which causes the victim to become comatose due to brain injury or to suffer paralysis, as defined in Section 12022.9, of a permanent nature, shall be punished by an additional and consecutive term of five years. (c) A person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission or attempted commission of a felony shall, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of five years, unless infliction of great bodily injury is an element of the offense of which he or she is convicted. (d) A person who personally inflicts great bodily injury on a child under the age of five years in the commission or attempted commission of a felony shall, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of four, five, or six years, unless infliction of great bodily injury is an element of the offense of which he or she is convicted. The court shall order imposition of the middle term unless there are circumstances in aggravation or mitigation. The court shall state its reasons for its enhancement choice on the record at the time of sentencing. (e) A person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission or attempted commission of a felony shall, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of three, four, or five years. The court shall order imposition of the middle term unless there are circumstances in aggravation or mitigation. The court shall state its reasons for its enhancement choice on the record at the time of sentencing. As used in this section, "domestic violence" has the meaning provided in subdivision (b) of Section 13700. (f) As used in this section, "great bodily injury" means a significant or substantial physical injury. (g) This section shall not apply to murder or manslaughter or a violation of Section 451 or 452. The additional term provided in this section shall not be imposed unless the fact of great bodily injury is charged in the accusatory pleading and admitted or found to be true by the trier of fact. (h) The court shall impose the additional terms of imprisonment under either subdivision (a), (b), (c), or (d), but may not impose more than one of those terms for the same offense. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.