BILL NUMBER: AB 1987	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 23, 2008
	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.
   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 make it a felony, punishable by imprisonment in
the state prison for 15 years to life, for a person  who,
 having the care or custody of a child who is under 8 years
of age  to inflict   , to assault the child with
force that to a reasonable person would be likely to produce 
great bodily injury  on the child which causes the child to
become   ,   resulting in the child becoming
 comatose due to brain injury or  to suffer 
 suffering  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,  who 
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. Nothing in this section shall be construed as
affecting the applicability of subdivision (a) of Section 187 or
Section 189.
   (b) Any person  who,  having the care or custody
of a child who is under eight years of age,  inflicts
  who assaults the child by means of force that to a
reasonable person would be likely to produce  great bodily
 injury on the child which causes the child to become
  injury, resulting in the child becoming comatose
due to brain injury or  to suffer   suffering
 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.
  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.