BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Elaine K. Alquist, Chair A
2005-2006 Regular Session B
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AB 1022 (Walters) 2
As Amended April 21, 2005
Hearing date: June 21, 2005
Penal Code
MK:mc
MURDER: ASSAULT ON A CHILD
HISTORY
Source: Author
Prior Legislation: AB 2258 (Kuykendall) - Chapter 46, Stats.
1996
ABx1 27 (Speier) - Chapter 27, Stats. 1994
Support: California District Attorneys Association; Crime
Victims United
Opposition:California Attorneys for Criminal Justice
Assembly Floor Vote: Ayes 73 - Noes 0
KEY ISSUE
SHOULD THE LAW PROVIDING FOR A SENTENCE OF 25 YEARS TO LIFE FOR THE
CRIME OF ASSAULT BY MEANS OF A FORCE THAT TO A REASONABLE PERSON
WOULD BE LIKELY TO PRODUCE GREAT BODILY INJURY, THAT RESULTS IN THE
DEATH OF A CHILD IN THE PERSON'S CARE AND CUSTODY BE CHANGED SO THAT
THE VICTIM'S AGE IS UNDER 14 YEARS OF AGE INSTEAD OF UNDER 8 YEARS
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AB 1022 (Walters)
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OF AGE?
PURPOSE
The purpose of this bill is to increase the age of the potential
victim from under 8 years of age to under 14 years of age for
the crime of assault on a child by means of reasonable force
that to a reasonable person would be likely to produce great
bodily injury that results in the death of the child in the
defendant's care or custody.
Existing law provides that a killing which is willful,
deliberate, and premeditated is murder in the first degree,
punishable by 25 years to life, life without the possibility of
parole, or death. (Penal Code 189, 190.)
Existing law provides that a killing which is not willful,
deliberate, or premeditated is also first degree murder if it
happens during the commission or attempted commission of arson,
rape, carjacking, robbery, burglary, mayhem, kidnapping, train
wrecking, or specified sex offenses. (Penal Code 189.)
Existing law provides that a willful killing which is not
deliberate or premeditated is second degree murder, punishable
by 15 years to life in state prison. (Penal Code 189 and
190.)
Existing law 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.
(Penal Code 273a(b).)
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AB 1022 (Walters)
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Existing law 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 her 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 years. (Penal Code 273a(a).)
Existing law 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. (Penal Code
273(d).)
Existing law 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. (Penal Code 12022.95.)
Existing law 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. (Penal Code 12022.7(d).)
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Existing law states that any person having 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, is guilty
of a felony punishable by 25 years to life in the state prison.
(Penal Code 273ab.)
This bill 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.
COMMENTS
1.Need for This Bill
According to the author:
AB 1022 is critical to the protection of California's
children. As a mother of four, I believe that it is our
responsibility to protect our children from abusers and
most critically from those who would beat a child to
death. Current law allows for a penalty of 25 years to
life in state prison for a defendant who is a caregiver
of a child and is convicted of assault (i.e. abuse)
resulting in death of a child under eight. AB 1022
raises the age of the victim from under 8 to under 14.
2. History of Penal Code Section 273ab
Penal Code section 273ab was created by ABx1 27 (Speier) Chapter
27, Stats. 1994. That bill created the offense providing for a
penalty of 15 years to life for any person having care and
custody 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. AB 2258
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AB 1022 (Walters)
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(Kuykendall) Chapter 46, Stats. 1996, increased the penalty to
25 to life.
The analysis to AB 2258 pointed out that by raising the penalty
to 25 to life it creates the same penalty for this offense where
no intent to kill must be proven as the penalty for 1st degree
murder where an intent to kill is necessary.
3. Increases Age From 8 to 14
This bill 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.
SHOULD THIS BE DONE?
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