BILL NUMBER: AB 2496	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Melendez

                        FEBRUARY 21, 2014

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



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 273a of the Penal Code is amended to read:
   273a.  (a)  Any   A  person who, under
circumstances or conditions likely to produce great bodily harm or
death, willfully causes or permits  any   a
 child to suffer, or inflicts thereon unjustifiable physical
pain or mental suffering, or having the care or custody of 
any   a  child, willfully causes or permits the
person or health of that child to be injured, or willfully causes or
permits that child to be placed in a situation where his or her
person or health is endangered, shall be punished by imprisonment in
a county jail not exceeding one year, or in the state prison for two,
four, or six years.
   (b)  Any   A  person who, under
circumstances or conditions other than those likely to produce great
bodily harm or death, willfully causes or permits  any
  a  child to suffer, or inflicts thereon
unjustifiable physical pain or mental suffering, or having the care
or custody of  any   a  child, willfully
causes or permits the person or health of that child to be injured,
or willfully causes or permits that child to be placed in a situation
where his or her person or health may be endangered, is guilty of a
misdemeanor.
   (c) If a person is convicted of violating this section and
probation is granted, the court shall require the following minimum
conditions of probation:
   (1) A mandatory minimum period of probation of 48 months.
   (2) A criminal court protective order protecting the victim from
further acts of violence or threats, and, if appropriate, residence
exclusion or stay-away conditions.
   (3) (A) Successful completion of no less than one year of a child
abuser's treatment counseling program approved by the probation
department. The defendant shall be ordered to begin participation in
the program immediately upon the grant of probation. The counseling
program shall meet the criteria specified in Section 273.1. The
defendant shall produce documentation of program enrollment to the
court within 30 days of enrollment, along with quarterly progress
reports.
   (B) The terms of probation for offenders shall not be lifted until
all reasonable fees due to the counseling program have been paid in
full, but in no case shall probation be extended beyond the term
provided in subdivision (a) of Section 1203.1. If the court finds
that the defendant does not have the ability to pay the fees based on
the defendant's changed circumstances, the court may reduce or waive
the fees.
   (4) If the offense was committed while the defendant was under the
influence of drugs or alcohol, the defendant shall abstain from the
use of drugs or alcohol during the period of probation and shall be
subject to random drug testing by his or her probation officer.
   (5) The court may waive any of the above minimum conditions of
probation upon a finding that the condition would not be in the best
interests of justice. The court shall state on the record its reasons
for  any   the  waiver.