BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 430|
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UNFINISHED BUSINESS
Bill No: SB 430
Author: Kehoe (D), et al.
Amended: 6/15/11
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 5/3/11
AYES: Hancock, Calderon, Liu, Price, Steinberg
NO VOTE RECORDED: Anderson, Harman
SENATE FLOOR : 39-0, 5/31/11
AYES: Alquist, Anderson, Blakeslee, Calderon, Cannella,
Corbett, Correa, De Le�n, DeSaulnier, Dutton, Emmerson,
Evans, Fuller, Gaines, Hancock, Harman, Hernandez, Huff,
Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete
McLeod, Padilla, Pavley, Price, Rubio, Runner, Simitian,
Steinberg, Strickland, Vargas, Walters, Wolk, Wright,
Wyland, Yee
NO VOTE RECORDED: Berryhill
ASSEMBLY FLOOR : 78-0, 6/28/11 (Consent) - See last page
for vote
SUBJECT : Domestic violence: strangulation and
suffocation
SOURCE : Family Justice Center Alliance
DIGEST : This bill states in statute that a traumatic
condition, as that term is used in the "felony" domestic
violence statute, can result from strangulation or
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suffocation, as specified.
Assembly Amendments tombstone the bill the "Diana Gonzalez
Strangulation Prevention Act of 2011" and make technical
changes.
ANALYSIS : Existing law provides that it is an alternate
felony-misdemeanor (wobbler) for any person to willfully
inflict corporal injury resulting in a traumatic condition
upon any of the following persons: spouse, former spouse,
cohabitant, former cohabitant, or the mother or father of
the offender's child. The offense is punishable by
imprisonment in the state prison for two, three or four
years, or in the county jail for up to one year, or a fine
of up to $6,000, or both such fine and imprisonment.
(Penal Code Section 273.5, subd. (a))
Existing law defines "traumatic condition" to mean a
condition of the body, such as a wound or external or
internal injury, whether of a minor or serious nature,
caused by a physical force. (Penal Code Section 273.5,
subd. (a))
This bill enacts the "Diana Gonzalez Strangulation
Prevention Act of 2011".
This bill revises Penal Code Section 273.5 to state that a
traumatic condition can include, but not be limited to,
injury as a result of strangulation or suffocation. This
bill provides that for purposes of this section,
strangulation and suffocation include impeding a person's
normal breathing or circulation of the blood by applying
pressure on the throat or neck.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/28/11)
Family Justice Center Alliance (source)
Alameda County District Attorney
Center for Community Solutions
San Diego County District Attorney
Stanislaus County District Attorney
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ARGUMENTS IN SUPPORT : According to the author:
"Almost half of domestic violence homicide victims
experienced at least one episode of attempted
strangulation prior to a lethal or near-lethal violent
incident. Victims of prior attempted strangulation are
seven times more likely to become a homicide victim. In
order to combat this criminal behavior, thirty states
have passed special strangulation statutes. By providing
clear legislation to guide judges and juries in
addressing this extremely lethal form of violence which
occurs particularly often in domestic violence cases,
homicides will be reduced, lives saved, and surviving
victims will enter a more informed and responsive
criminal justice system.
"SB 430 simply and explicitly states what is clearly true
-- that strangulation or suffocation can cause a
traumatic condition. SB 430 clarifies for jurors the
proper application of existing law in cases involving the
most dangerous kinds of domestic violence."
ASSEMBLY FLOOR : 78-0, 6/28/11 (Consent)
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Buchanan, Butler, Charles Calderon, Campos, Carter,
Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel P�rez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Brownley, Gorell
RJG:mw 6/29/11 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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