BILL NUMBER: AB 1022	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2005

INTRODUCED BY   Assembly Member Walters

                        FEBRUARY 22, 2005

   An act to amend Section  190.2   273ab 
of the Penal Code, relating to murder.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1022, as amended, Walters.  Murder:  special
circumstances.   assault on a child.  
   Existing law provides that any person who, having the care or
custody of a child who is under 8 years of age, assaults the child by
means of force that to a reasonable person would be likely to
produce great bodily injury, resulting in the child's death, shall be
punished by imprisonment in the state prison for 25 years to life.
 
   This bill would raise that age to 14 years. By expanding the scope
of a crime, the 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.  
   Existing law, as amended by initiative statute, provides that the
penalty for a defendant found guilty of murder in the first degree
shall be death, or confinement in the state prison for a term of life
without the possibility of parole, where one or more special
circumstances have been charged and found to be true. In this
connection, existing law provides for special circumstances for
certain categories of victims. 
   This bill would add to the list of special circumstances a
situation in which the defendant intentionally killed the victim who
was under 14 years of age, and the defendant knew, or reasonably
should have known that the victim was under 14 years of age.
 
   The bill would provide that it shall become effective only when
submitted to, and approved by, the voters of California.  
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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


  SECTION 1.   Section 273ab of the   Penal Code 
 is amended to read: 
   273ab.  Any person who, having the care or custody of a child who
is under  eight   14  years of age,
assaults the child by means of force that to a reasonable person
would be likely to produce great bodily injury, resulting in the
child's death, shall be punished by imprisonment in the state prison
for 25 years to life. Nothing in this section shall be construed as
affecting the applicability of subdivision (a) of Section 187 or
Section 189.
  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.   All matter omitted in this version of the bill
appears in the bill as introduced in Assembly, February 22, 3005.
(JR11)