BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1022
                                                                  Page  1

          Date of Hearing:   May 4, 2005

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                   Judy Chu, Chair

                   AB 1022 (Walters) - As Amended:  April 21, 2005 

          Policy Committee:                              Public  
          SafetyVote:  5-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  


          This bill increases the age from under 8 to under 14 years in  
          provisions of law that provide for a 25-years-to-life penalty  
          for any person who assaults a child under his or her care, by  
          means of force likely to produce great bodily injury, resulting  
          in the child's death. 


           FISCAL EFFECT


           Unknown moderate annual GF costs for increased state prison  
          terms. Because this bill proposes an increase in an  
          indeterminate term, and because in most cases the alternative to  
          this charge is also an indeterminate term, costs are difficult  
          to determine. 


          In 2002-03 and 2003-04, 40 persons were committed to state  
          prison under the section amended by this bill. If raising the  
          age to 14 results in six more commitments per year under this  
          section -  rather than charging under second-degree murder  
          (15-years-to-life) - in about 15 years annual costs could  
          increase by $200,000. These costs would increase annually, and  
          in 20 years, could exceed $1 million.  


           COMMENTS  










                                                                  AB 1022
                                                                  Page  2

           Rationale.  The author contends the penalty for this offense  
          should be extended to cover children under the age of 14.  

           

           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081