BILL NUMBER: AB 1872	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  FEBRUARY 22, 2006

INTRODUCED BY   Assembly Member Cohn

                        JANUARY 18, 2006

   An act to amend Section 12022.9 of the Penal Code, relating to
domestic violence.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1872, as amended, Cohn  Domestic violence: punishment.
   Current law provides that any person who, during the commission of
a felony or attempted felony, knows or reasonably should know that
the victim is pregnant, and who, with intent to inflict injury, and
without the consent of the woman, personally inflicts injury upon a
pregnant woman that results in the termination of the pregnancy is
subject to an enhancement of  five   5 
years.
   This bill would provide, in addition, that any person who is in a
relationship where domestic violence may occur, as defined, during
the commission of a felony or attempted felony, knows or reasonably
should know that the victim is pregnant, and who, personally inflicts
injury upon a pregnant woman is subject to an enhancement of
 five   5  years.
  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.
State-mandated local program: yes.


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


  SECTION 1.  Section 12022.9 of the Penal Code is amended to read:
   12022.9.  (a) Any person who, during the commission of a felony or
attempted felony, knows or reasonably should know that the victim is
pregnant, and who, with intent to inflict injury, and without the
consent of the woman, personally inflicts injury upon a pregnant
woman that results in the termination of the pregnancy shall be
punished by an additional and consecutive term of imprisonment in the
state prison for five years. The additional term provided in this
subdivision shall not be imposed unless the fact of that injury is
charged in the accusatory pleading and admitted or found to be true
by the trier of fact.
   (b) Any person who is in a relationship with the victim as
 definded   defined  in subdivision (b) of
Section 13700,  subdivision (b),  during the
commission of a felony or attempted felony, knows or reasonably
should know that the victim is pregnant, and who, personally inflicts
injury upon a pregnant woman shall be punished by an additional and
consecutive term of imprisonment in the state prison for five years.
The additional term provided in this subdivision shall not be imposed
unless the fact of that injury is charged in the accusatory pleading
and admitted or found to be true by the trier of fact.
   (c) Nothing in this section shall be construed as affecting the
applicability of subdivision (a) of Section 187.
  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.