AB 2496, as introduced, Melendez. Child abuse.
Existing law makes it unlawful, under circumstances or conditions likely to produce great bodily harm or death, to willfully cause or permit a child to suffer, or to inflict thereon unjustifiable physical pain or mental suffering, or, having the care or custody of a child, to willfully cause or permit the person or health of that child to be injured, or to willfully cause or permit that child to be placed in a situation where his or her person or health may be endangered.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 273a of the Penal Code is amended to
2read:
(a) begin deleteAny end deletebegin insertA end insertperson who, under circumstances or conditions
4likely to produce great bodily harm or death, willfully causes or
5permitsbegin delete anyend deletebegin insert aend insert child to suffer, or inflicts thereon unjustifiable
6physical pain or mental suffering, or having the care or custody
P2 1ofbegin delete anyend deletebegin insert
aend insert
child, willfully causes or permits the person or health of
2that child to be injured, or willfully causes or permits that child to
3be placed in a situation where his or her person or health is
4endangered, shall be punished by imprisonment in a county jail
5not exceeding one year, or in the state prison for two, four, or six
6years.
7(b) begin deleteAny end deletebegin insertA end insertperson who, under circumstances or conditions other
8than those likely to produce great bodily harm or death, willfully
9causes or permitsbegin delete anyend deletebegin insert aend insert child to suffer, or inflicts thereon
10unjustifiable physical pain or mental
suffering, or having the care
11or custody ofbegin delete anyend deletebegin insert
aend insert child, willfully causes or permits the person
12or health of that child to be injured, or willfully causes or permits
13that child to be placed in a situation where his or her person or
14health may be endangered, is guilty of a misdemeanor.
15(c) If a person is convicted of violating this section and probation
16is granted, the court shall require the following minimum
17conditions of probation:
18(1) A mandatory minimum period of probation of 48 months.
19(2) A criminal court protective order protecting the victim from
20further acts of violence or threats, and, if appropriate, residence
21exclusion or stay-away conditions.
22(3) (A) Successful completion of no less than one year of a
23child abuser’s treatment
counseling program approved by the
24probation department. The defendant shall be ordered to begin
25participation in the program immediately upon the grant of
26probation. The counseling program shall meet the criteria specified
27in Section 273.1. The defendant shall produce documentation of
28program enrollment to the court within 30 days of enrollment,
29along with quarterly progress reports.
30(B) The terms of probation for offenders shall not be lifted until
31all reasonable fees due to the counseling program have been paid
32in full, but in no case shall probation be extended beyond the term
33provided in subdivision (a) of Section 1203.1. If the court finds
34that the defendant does not have the ability to pay the fees based
35on the defendant’s changed circumstances, the court may reduce
36or waive the fees.
37(4) If the offense was committed while the defendant was under
38the influence of drugs or
alcohol, the defendant shall abstain from
39the use of drugs or alcohol during the period of probation and shall
40be subject to random drug testing by his or her probation officer.
P3 1(5) The court may waive any of the above minimum conditions
2of probation upon a finding that the condition would not be in the
3best interests of justice. The court shall state on the record its
4reasons forbegin delete anyend deletebegin insert theend insert waiver.
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