BILL NUMBER: AB 731	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Villines

                        FEBRUARY 26, 2009

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 731, as introduced, Villines. Child abuse sentencing: child
becoming comatose or suffering paralysis.
   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 having the care
or custody of a child who is under 8 years of age, to assault the
child with force that to a reasonable person would be likely to
produce great bodily injury, resulting in the child becoming comatose
due to brain injury or 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,  w   ho  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, 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 becoming comatose due to brain injury or
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 or 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.