BILL NUMBER: AB 59	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cohn

                        DECEMBER 6, 2004

   An act to add Section 273.55 to the Penal Code, relating to
domestic violence.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 59, as introduced, Cohn.   Domestic violence: presence of
minors: enhancements
   Existing law proscribes specified acts of domestic violence, as
defined.
   This bill would provide that a person convicted of the commission
of felony domestic violence in the presence of any child under 18
years of age shall receive an enhancement of one year in the state
prison. The bill would also provide that a person convicted of the
commission of misdemeanor domestic violence in the presence of any
child under 18 years of age shall receive a mandatory jail term of at
least 90 days for the offense. For a misdemeanor domestic violence
offense with an existing mandatory minimum term, that term would be
increased by 90 days, as specified. Furthermore, the bill would
provide that a person convicted of inflicting great bodily injury, as
defined, on any victim of felony domestic violence committed in the
presence of any child under 18 years of age shall receive an
enhancement of 2 years in the state prison. By increasing the term of
imprisonment in a county jail or by imposing mandatory jail time,
this bill would impose a state-mandated local program upon local
government.

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


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


  SECTION 1.  Section 273.55 is added to the Penal Code, to read:
   273.55.  (a) Any person convicted of a felony for the commission
of an act constituting domestic violence, as defined in Section
13700, when the commission occurs in the presence of, or is witnessed
by, any child under 18 years of age, shall, in addition and
consecutive to the punishment prescribed for the felony of which he
or she has been convicted, be punished by an additional term of one
year in the state prison.(b) (1) Any person convicted of a
misdemeanor for the commission of an act constituting domestic
violence, as defined in Section 13700, when the commission occurs in
the presence of, or is witnessed by, any child under 18 years of age,
shall be sentenced to at least 90 days for the offense.
   (2) If a mandatory jail term is required for the underlying
misdemeanor offense, that mandatory term shall be increased by 90
days.
   (c) Any person who inflicts great bodily injury, as defined in
Section 12022.7, on any victim in the commission of felony domestic
violence, as defined in Section 13700, when the commission occurs in
the presence of, or is witnessed by, any child under 18 years of age,
shall, in addition and consecutive to the punishment prescribed for
the felony of which he or she has been convicted, be punished by an
additional term of two years in the state prison.
  SEC. 2.
  No reimbursement is required by this act pursuant to Section 6 of
Article XIII B 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 XIII B of the California Constitution.