BILL NUMBER: AB 1987	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 2, 2008

INTRODUCED BY   Assembly Member Villines

                        FEBRUARY 14, 2008

   An act to amend Section 273ab of the Penal Code, relating to child
abuse.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1987, as amended, Villines. Child abuse: sentencing: age of
victim. 
   Under existing law, it is either a misdemeanor or a felony for a
person to, under circumstances likely to produce great bodily harm,
willfully cause a child to suffer, or inflict thereon unjustifiable
physical pain or mental suffering. Existing 
    Existing  law provides that any person who, having the
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, shall
be punished by imprisonment in the state prison for 25 years to
life. 
   This bill would delete from that punishment provision the
requirement that the person have the care or custody of that child.

   This bill would make it a felony, punishable by imprisonment in
the state prison for 15 years to life, for a person  to
assault a child   who, having the care or custody of a
child  who is under 8 years of age  by means of force
that to a reasonable person would be likely to produce great bodily
injury, resulting in permanent injury or disability, as defined, to
the child   to inflict   great bodily injury on
the child which causes the child to become comatose due to brain
injury or to suffer paralysis of a permanent nature, as specified
 .
   Because this bill would change the definition of a crime and
increase the punishment for an existing crime, it would impose a
state-mandated local program.
   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 273ab of the Penal Code is amended to read:
   273ab.  (a) Any person who  , having the care or custody of a
child who is under eight years of age,  assaults  a
child who is under eight years of age   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, shall be
punished by imprisonment in the state prison for 25 years to life.
Nothing in this section shall be construed as affecting the
applicability of subdivision (a) of Section 187 or Section 189.

   (b) (1) Any person who assaults a child who is under eight years
of age by means of force that to a reasonable person would be likely
to produce great bodily injury, resulting in permanent injury or
disability to the child, 
    (b)     Any person who, having the care or
custody of a child who is under eight years of age, inflicts great
bodily injury on the child which causes the child to become comatose
due to brain injury or to suffer paralysis of a permanent nature,
 shall be punished by imprisonment in the state prison for 15
years to life.  As used in this subdivision, "paralysis" means a
major or complete loss of motor function resulting from injury to the
nervous system on to a muscular mechanism.  
   (2) "Permanent injury or disability," as used in paragraph (1),
means the loss or impairment of function of any bodily member or
organ, including the brain. 
  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.