BILL NUMBER: AB 253	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Aghazarian

                        FEBRUARY 8, 2005

   An act to amend Section 273a of the Penal Code, relating to crime.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 253, as introduced, Aghazarian.   Child abuse.
   Existing law provides that any person who engages in degrading or
immoral habits or practices in the presence of any child in his or
her care, custody, or control is punishable by a fine not exceeding
$1,000, imprisonment in a county jail for a period not exceeding 6
months, or both. Existing law also provides that any person who under
circumstances or conditions other than those likely to produce great
bodily harm or death, having the care or custody of any child,
causes or permits that child to be placed in a situation where his or
her person or health is endangered, shall be punished by a fine not
exceeding $1,000, imprisonment in a county jail for a period not to
exceed 6 months, or by both that fine and imprisonment.
   This bill would provide that any parent, guardian, or caregiver of
a minor child who knowingly and unlawfully consumes, smokes,
inhales, ingests, or otherwise uses any controlled substance, if the
act occurs in the presence of, or is witnessed by, a minor child
under his or her care, is punishable by imprisonment in the state
prison for 16 months, or 2 or 3 years.
   Because this bill would create a new crime, it 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.
   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 273a of the  Penal Code  is amended to read:
   273a.  (a) Any person who, under circumstances or conditions
likely to produce great bodily harm or death, willfully causes or
permits any child to suffer, or inflicts thereon unjustifiable
physical pain or mental suffering, or having the care or custody of
any child, willfully causes or permits the person or health of that
child to be injured, or willfully causes or permits that child to be
placed in a situation where his or her person or health is
endangered, shall be punished by imprisonment in a county jail not
exceeding one year, or in the state prison for two, four, or six
years.(b) Any person who, under circumstances or conditions other
than those likely to produce great bodily harm or death, willfully
causes or permits any child to suffer, or inflicts thereon
unjustifiable physical pain or mental suffering, or having the care
or custody of any child, willfully causes or permits the person or
health of that child to be injured, or willfully causes or permits
that child to be placed in a situation where his or her person or
health may be endangered, is guilty of a misdemeanor.
   (c)  Any parent, guardian, or caregiver of a minor child who
knowingly and unlawfully consumes, smokes, inhales, ingests, or
otherwise uses any controlled substance, if the act occurs in the
presence of   ,   or is witnessed by a minor child
under his or her care   ,   is punishable by
imprisonment in the state prison for 16 months, or two   or
three years. 
    (d)    If a person is convicted of violating
this section and probation is granted, the court shall require the
following minimum conditions of probation:
   (1) A mandatory minimum period of probation of 48 months.
   (2) A criminal court protective order protecting the victim from
further acts of violence or threats, and, if appropriate, residence
exclusion or stay-away conditions.
   (3) (A) Successful completion of no less than one year of a child
abuser's treatment counseling program approved by the probation
department. The defendant shall be ordered to begin participation in
the program immediately upon the grant of probation. The counseling
program shall meet the criteria specified in Section 273.1. The
defendant shall produce documentation of program enrollment to the
court within 30 days of enrollment, along with quarterly progress
reports.
   (B) The terms of probation for offenders shall not be lifted until
all reasonable fees due to the counseling program have been paid in
full, but in no case shall probation be extended beyond the term
provided in subdivision (a) of Section 1203.1. If the court finds
that the defendant does not have the ability to pay the fees based on
the defendant's changed circumstances, the court may reduce or waive
the fees.
   (4) If the offense was committed while the defendant was under the
influence of drugs or alcohol, the defendant shall abstain from the
use of drugs or alcohol during the period of probation and shall be
subject to random drug testing by his or her probation officer.
   (5) The court may waive any of the above minimum conditions of
probation upon a finding that the condition would not be in the best
interests of justice. The court shall state on the record its reasons
for any waiver.
  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.