BILL NUMBER: AB 2075	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 29, 2006
	AMENDED IN ASSEMBLY  MARCH 20, 2006

INTRODUCED BY   Assembly Member Cohn

                        FEBRUARY 16, 2006

   An act to amend Section 954 of the Penal Code, relating to crime.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2075, as amended, Cohn  Crime.
   Existing law provides that an accusatory pleading may charge 2 or
more offenses of the same class of crimes or offenses, under separate
counts, and that if 2 or more accusatory pleadings are filed in such
cases in the same court, the court may order them to be
consolidated.
   This bill would specify that provisions proscribing child abuse
and crimes of domestic violence  are all of the same class of
crimes or offenses and therefore  may be charged in the
same accusatory pleading under separate counts  , subject to the
discretion of the court to try the counts separately, as specified
 . This bill would also allow a court to consolidate 2 or more
accusatory pleadings filed in the same court alleging any crime of
domestic violence.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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


  SECTION 1.  Section 954 of the Penal Code is amended to read:
   954.  (a) An accusatory pleading may charge two or more different
offenses connected together in their commission, or different
statements of the same offense or two or more different offenses of
the same class of crimes or offenses, under separate counts, and if
two or more accusatory pleadings are filed in such cases in the same
court, the court may order them to be consolidated. The prosecution
is not required to elect between the different offenses or counts set
forth in the accusatory pleading, but the defendant may be convicted
of any number of the offenses charged, and each offense of which the
defendant is convicted must be stated in the verdict or the finding
of the court; provided, that the court in which a case is triable, in
the interests of justice and for good cause shown, may in its
discretion order that the different offenses or counts set forth in
the accusatory pleading be tried separately or divided into two or
more groups and each of said groups tried separately. An acquittal of
one or more counts shall not be deemed an acquittal of any other
count.
   (b)  For purposes of this section   Subject
to the provisions of subdivision (a), including, but not limited to,
the discretion of the court to order, in the interest of justice and
for good cause shown, that the different offenses or counts set forth
in the accusatory pleading be tried separately or divided into two
or more groups and each of the groups tried separately ,
violations of Section 273a committed by willfully causing or
permitting a child to suffer or inflicting thereon unjustifiable
physical pain or mental suffering under circumstances or conditions
likely to produce great bodily harm or death, Section 273ab, and 273d
and any crime of domestic violence as defined in paragraph (1) of
subdivision (e) of Section 243 and Section 273.5 of the Penal Code,
 are all of the same class of crimes or offenses and
 may be charged in the same accusatory pleading under
separate counts.
   (c) If two or more accusatory pleadings are filed in the same
court alleging any crime of domestic violence, as defined in
paragraph (1) of subdivision (e) of Section 243 and Section 273.5 of
the Penal Code, the court may order them to be consolidated  ,
subject to the provisions of subdivision (a)  .