BILL NUMBER: AB 2496	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Melendez

                        FEBRUARY 21, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2496, as amended, Melendez. Child abuse. 
   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.  
   This bill would make a felony violation of the above offense
punishable in the state prison.  
   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
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 273d of the   Penal
Code   is amended to read: 
   273d.  (a)  Any   A  person who
willfully inflicts upon a child  any  cruel or
inhuman corporal punishment or an injury resulting in a traumatic
condition is guilty of a felony  or a misdemeanor  and shall
be punished by imprisonment  pursuant to subdivision (h) of
Section 1170   in the state prison  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)  Any   A  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. 
  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.