BILL ANALYSIS
AB 1022
Page 1
ASSEMBLY THIRD READING
AB 1022 (Walters)
As Amended April 21, 2005
Majority vote
PUBLIC SAFETY 5-0 APPROPRIATIONS
(vote not
available)
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|Ayes:|Leno, Benoit, Cohn, | | |
| |Goldberg, Spitzer | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Increases the age from under 8 to under 14 years of
age in provisions of law which makes any person who having the
care and custody of a child assaults the child by means of force
likely to produce great bodily injury, resulting in the child's
death, is guilty of a felony punishable by 25-years-to-life in
the state prison.
EXISTING LAW :
1)States that any person having care and custody who is under
eight 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, is guilty of a felony
punishable by 25-years-to-life in the state prison.
2)Provides that any person who under circumstances other than
those likely to cause great bodily harm or death willfully
causes any child to suffer or inflicts unjustifiable pain or
mental suffering on a child, causes the health of a child to
be injured, or causes a child to be placed in a situation
where his or her health may be endangered is a misdemeanor,
punishable by up to six months in the county jail.
3)Provides that any person who under circumstances likely to
cause great bodily harm or death willfully causes any child to
suffer or inflicts unjustifiable pain or mental suffering on a
child, causes the health of a child to be injured, or causes a
child to be placed in a situation where his or health may be
endangered is shall be imprisoned in a county jail not
exceeding one year or in the state prison for two, four or six
AB 1022
Page 2
years.
4)Provides that any person who willfully inflicts upon any child
any cruel or inhuman corporal punishment or injury resulting
in a traumatic condition shall be punished by imprisonment in
the state prison for two, four, or six years, or in the county
jail not exceeding one year; by a fine up to $6,000; or by
both that imprisonment and fine.
5)Provides that any person convicted of child abuse, who under
circumstances likely to cause great bodily harm or death,
willfully inflicts injury resulting in death, or having care
and custody of a child, under circumstances likely to cause
great bodily injury or death, causes that child to suffer
injury resulting in death shall receive a four-year sentence
enhancement for each violation.
6)States that any person who personally inflicts great bodily
injury on any person under the age of five in the commission
of a felony offense shall be punished by an additional and
consecutive four, five, or six years in the state prison.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, unknown moderate annual General Fund 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 : According to the author, "Under existing law, any
person having care and custody of a child under the age of who
assaults that child with force likely to produce great bodily
injury, resulting in the child's death, shall be imprisoned in
the state prison for 25-years-to-life. This bill raises the age
from under 8 to under 14 years of age."
AB 1022
Page 3
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0010569