BILL NUMBER: AB 1022	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 7, 2006
	AMENDED IN ASSEMBLY  APRIL 21, 2005

INTRODUCED BY   Assembly Member  Walters   Bogh


                        FEBRUARY 22, 2005

   An act to amend Section  273ab   1001.64
 of the Penal Code, relating to  murder  
bad checks  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1022, as amended,  Walters   Bogh 
 Murder: assault on a child.   Bad checks:
diversion program.  
   Existing law allows the establishment of a local preprosecution
diversion program for persons accused of writing bad checks in order
to compensate the victims and reduce criminal prosecutions. This
program allows the district attorney to enter into a written
agreement to defer prosecution for up to 6 months conditioned upon
completion of a check writing education class, restitution to the
victim, and payment of specified administrative fees. The district
attorney retains the ability to prosecute after diversion.  

   This bill would require, in addition to completion, full payment
for the classes before prosecution for bad check charges may be
deferred. 
   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. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


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


   SECTION 1.    Section 1001.64 of the   Penal
Code   is amended to read: 
   1001.64.  The district attorney may enter into a written agreement
with the person to forego prosecution on the bad check for a period
to be determined by the district attorney, not to exceed six months,
pending all of the following:
   (a) Completion of  and full payment for  a class or
classes conducted by the district attorney or private entity under
contract with the district attorney.
   (b) Full restitution being made to the victim of the bad check.
   (c) Full payment of the  collection   fee
  diversion fees  , if any, specified in Section
1001.65.   
  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 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.