BILL NUMBER: AB 59	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  FEBRUARY 3, 2005

INTRODUCED BY   Assembly Member Cohn
    (Principal coauthor: Assembly Members Mullin) 
    (Coauthors: Assembly Member Vargas 

                        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 amended, 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  , when the person knew that the
violence was committed  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  ,
when the person knew that the violence was committed  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  , when the person knew that
the violence was  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   person knew
that the act constituting domestic violence was committed  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  
person knew that the act constituting domestic violence was committed
 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   person knew that the act constituting domestic
violence was committed  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.  
   (d) As used in this section, "in the presence of any child" means
capable of being seen or heard by any child. 
  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.