BILL NUMBER: AB 59	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2005
	AMENDED IN ASSEMBLY  FEBRUARY 3, 2005

INTRODUCED BY   Assembly Member Cohn
   (Principal coauthor: Assembly Member Mullin)
    (  Principal coauthor:   Senator  
Alquist   ) 
   (Coauthor: 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 person knew that the act constituting domestic
violence was committed in the presence of 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 person knew that the act constituting domestic
violence was committed in the presence of 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 person knew that the
act constituting domestic violence was committed in the presence of
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) 
    (c)  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.