Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2496

Introduced by Assembly Member Melendez

February 21, 2014

An act to amend Section begin delete 273a end delete begin insert 237d end insert of the Penal Code, relating to child abuse.

LEGISLATIVE COUNSEL’S DIGEST

AB 2496, as amended, Melendez. Child abuse.

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Under existing law, a person who willfully inflicts cruel or inhuman corporal punishment or an injury resulting in a traumatic condition upon a child is guilty of a crime. Under existing law, a felony violation of this offense is punishable in a county jail for 2, 4, or 6 years.

end insert begin insert

This bill would make a felony violation of the above offense punishable in the state prison.

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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.

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This bill would make technical, nonsubstantive changes to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 273d of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

273d.  

(a)  begin delete Any end delete begin insert A end insert person who willfully inflicts upon a child begin delete any end delete
cruel or inhuman corporal punishment or an injury resulting in a
traumatic condition is guilty of a felony begin insert or a misdemeanor end insert and
shall be punished by imprisonment begin delete pursuant to subdivision (h) of
Section 1170 end delete begin insert in the state prison end insert for two, four, or six years, or in a
county jail for not more than one year, by a fine of up to six
thousand dollars ($6,000), or by both that imprisonment and fine.

(b)  begin delete Any end delete begin insert A end insert person who is found guilty of violating subdivision
(a) shall receive a four-year enhancement for a prior conviction
of that offense provided that no additional term shall be imposed
under this subdivision for any prison term or term imposed under
the provisions of subdivision (h) of Section 1170 served prior to
a period of 10 years in which the defendant remained free of both
the commission of an offense that results in a felony conviction
and prison custody or custody in a county jail under the provisions
of subdivision (h) of Section 1170.

(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 36 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. 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 waiver.

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SECTION 1.  

Section 273a of the Penal Code is amended to
read:

273a.  

(a) A person who, under circumstances or conditions
likely to produce great bodily harm or death, willfully causes or
permits a child to suffer, or inflicts thereon unjustifiable physical
pain or mental suffering, or having the care or custody of 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) A person who, under circumstances or conditions other than
those likely to produce great bodily harm or death, willfully causes
or permits a child to suffer, or inflicts thereon unjustifiable physical
pain or mental suffering, or having the care or custody of 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 the waiver.

end delete