BILL ANALYSIS
AB 1280
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1280 (Villines)
As Amended July 15, 2010
Majority vote
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|ASSEMBLY: | |(May 28, 2009) |SENATE: |31-1 |(August 19, |
| | | | | |2010) |
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(vote not relevant)
Original Committee Reference: NAT. RES.
SUMMARY : Punishes any person who, having care or custody of a
child under eight years of age, who assaults the child with
force that to a reasonable person would be likely to produce
great bodily injury (GBI), resulting in the child becoming
comatose due to brain injury or suffering paralysis of a
permanent nature to state prison for 15-years-to-life.
The Senate amendments delete the Assembly version of this bill,
and instead create a new felony for 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 GBI, 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" is defined as a major or complete loss of motor
function resulting from injury to the nervous system or to a
muscular mechanism.
EXISTING LAW :
1)States that any person having care and custody of a child who
is under eight years of age, assaults the child by means of
force that to a reasonable person would be likely to produce
GBI, resulting in the child's death, is guilty of a felony
punishable by 25-years-to-life in the state prison.
2)Provides that any person who under circumstances likely to
cause great bodily harm or death willfully causes any child to
suffer or inflicts unjustifiable pain or mental suffering on a
child, causes the health of a child to be injured, or causes a
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child to be placed in a situation where his or health may be
endangered is shall be imprisoned in a county jail not
exceeding one year or in the state prison for two, four or six
years.
3)Articulates that any person who under circumstances other than
those likely to cause great bodily harm or death willfully
causes any child to suffer or inflicts unjustifiable pain or
mental suffering on a child, causes the health of a child to
be injured, or causes a child to be placed in a situation
where his or her health may be endangered is a misdemeanor,
punishable by up to six months in the county jail.
4)Declares any person who willfully inflicts upon any child any
cruel or inhuman corporal punishment or injury resulting in a
traumatic condition shall be punished by imprisonment in the
state prison for two, four, or six years, or in the county
jail not exceeding one year; by a fine up to $6,000; or by
both that imprisonment and fine.
5)Provides that any person convicted of child abuse, who under
circumstances likely to cause great bodily harm or death,
willfully inflicts injury resulting in death, or having care
and custody of a child, under circumstances likely to cause
GBI or death, causes that child to suffer injury resulting in
death shall receive a four-year sentence enhancement for each
violation.
6)States that any person who personally inflicts GBI on any
person under the age of five in the commission of a felony
offense shall be punished by an additional and consecutive
four, five, or six years in the state prison.
7)Declares that any person who personally inflicts GBI on any
person other than an accomplice in the commission of a felony
or attempted felony which causes the victim to become comatose
due to brain injury or to suffer paralysis of a permanent
nature, shall be punished by an additional and consecutive
term of imprisonment in the state prison for five years. As
used in this subdivision, "paralysis" is defined as a major or
complete loss of motor function resulting from injury to the
nervous system or to a muscular mechanism.
AS PASSED BY THE ASSEMBLY , this bill exempts from the definition
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of a "covered electronic device" a video display device that is
contained within a freezer, induction cooktop or range, beverage
maker, and food steamer.
FISCAL EFFECT : According to the Senate Appropriations
Committee, new felony incarceration costs unknown; potentially
substantial incarceration costs beginning in 2020.
COMMENTS : According to the author, "In November of 2004, a
young resident of Fresno, Adam Carbajal, became a victim of
child abuse (shaken baby syndrome with severe head trauma).
Although Adam was initially given only a five-percent chance of
survival, he lives today with permanent brain damage and is
paralyzed on his right side. Adam cannot walk or talk. Adam's
perpetrator was charged with willful cruelty and a GVI
allegation for a child under the age of five; combined totaling
a maximum of 12 years. After skipping bail and being on the run
for months, then harassing Adam's family and insisting Adam fell
on his own (only to plead guilty), Adam's assailant was
sentenced to 10 years in prison. Of that sentence, he will only
serve seven- and one-half years.
"Current law does not take into consideration the consequences
or the end result of an incident of child abuse when determining
the sentence of a crime. Even if Adam's injuries resulted in a
broken bone, the child abuser's punishment would remain the
same.
"This bill will raise the sentencing standards for any person
who abuses a child under the age of eight and causes permanent
injury or disability to the child. The increased punishment
will carry a sentence of life with possibility of parole. The
increased punishment is an appropriate punishment for this
crime; it is less than the punishment for an assault that
results in the death of a child, but more than the punishment
for the crime of felony child abuse that results in nonpermanent
injury."
This bill was substantially amended in the Senate and the
Assembly-approved provisions of this bill were deleted. This
bill, as amended is in inconsistent with Assembly actions.
Analysis Prepared by : Nicole Hanson / PUB. S. / (916)
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319-3744 FN: 0006066