BILL NUMBER: AB 1872	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2006
	AMENDED IN ASSEMBLY  MARCH 15, 2006
	AMENDED IN ASSEMBLY  FEBRUARY 22, 2006

INTRODUCED BY   Assembly Member Cohn
    (   Coauthors:   Assembly Members 
 Negrete McLeod   and Spitzer   ) 

                        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 5 years.
   This bill would provide, instead, that any person, during the
commission of a felony or attempted felony, knows or reasonably
should know that the victim is pregnant,  and who, personally
inflicts great bodily injury   upon a pregnant
woman   and without the consent of the woman, personally
inflicts great bodily injury upon a pregnant woman or inflicts
injury upon a pregnant woman that results in the termination of the
pregnancy  is subject to an enhancement of 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  without the consent of the woman  personally
inflicts great bodily injury upon a pregnant woman  or 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) 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.