BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1872
                                                                  Page  1

          Date of Hearing:   April 5, 2006

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                   Judy Chu, Chair

                    AB 1872 (Cohn) - As Amended:  March 28, 2006 

          Policy Committee:                              Public  
          SafetyVote:  5-0

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

           SUMMARY  

          This bill creates a 5-year sentence enhancement for inflicting  
          great bodily injury (GBI) upon a pregnant woman during the  
          commission of a felony. 

          (Current law provides for a 5-year sentence enhancement for  
          willfully inflicting GBI upon a pregnant woman during the  
          commission of a felony that results in the termination of that  
          pregnancy.)
           
           FISCAL EFFECT  

          Unknown moderate annual GF costs, likely in excess of $150,000,  
          to the extent the expanded enhancement results in longer prison  
          terms. In 2004-05, two persons received the enhancement for  
          inflicting GBI that resulted in a terminated pregnancy. If this  
          bill results in five additional persons receiving a 5-year  
          enhancement, and assuming these five persons would have  
          otherwise received a 3-year enhancement, the annual GF cost  
          would be about $300,000 in the out years.   
           
           COMMENTS  

           1)Rationale  . Current law provides for a 5-year enhancement only  
            if the abuse causes a termination of the pregnancy. According  
            to the author and proponents of this measure, it should not be  
            necessary to suffer a terminated pregnancy before the  
            enhancement is triggered. Moreover, the proposed 5-year  
            enhancement is consistent with existing enhancements for  
            causing GBI. 









                                                                  AB 1872
                                                                  Page  2

           2)Current law  provides sentence enhancements for causing GBI in  
            the commission of a felony that results in permanent paralysis  
            or coma (5 years), force that could result in GBI (3 years),  
            GBI on a person over the age of 70 or under the age of 5 (5  
            years), or GBI involving domestic violence (3, 4, or 5 years).  
            Causing GBI in the commission of specified sexual offenses  
            triggers a 5-year enhancement. 

           3)Related Legislation  . AB 1789 (Cohn), also before this  
            committee today, would increase , from 5 to 10 years, the  
            existing enhancement for causing GBI in the commission of a  
            felony that results in permanent paralysis or a comatose  
            condition.


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