BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 755
                                                                  Page  1

          Date of Hearing:   May 9, 2007

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mark Leno, Chair

                    AB 755 (Lieber) - As Amended:  April 24, 2007 

          Policy Committee:                              Public  
          SafetyVote:  4-2

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  


          This bill authorizes the finder of fact in a prosecution, when  
          determining whether a defendant willfully caused a child to  
          suffer, pursuant to current law regarding harming a child, to  
          consider the following, though proof of the conduct referenced  
          is not sufficient by itself to prove guilt:



          1)Use of an implement, including, but not limited to, a stick, a  
            rod, a switch, an electrical cord, a belt, a broom, or a shoe.


          2)Throwing, kicking, burning, or cutting a child.


          3)Striking a child with a closed fist.


          4)Striking a child under the age of three on the face or head.


          5)Vigorous shaking of a child under the age of three.


          6)Interference with a child's breathing.


          7)Brandishing a deadly weapon. 









                                                                  AB 755
                                                                  Page  2

           
           FISCAL EFFECT  

          Unknown annual GF costs, likely more than $150,000, for  
          increased state prison terms. 

          In 2005-06, 559 persons were sentenced to state prison for child  
          abuse under PC Section 273a, the section this bill proposes to  
          amend. If the proposed circumstances result in just a one  
          percent increase in the number or persons committed to state  
          prison for this offense in 2005-06, the annual cost would exceed  
          $250,000. 

           COMMENTS  

           1)Rationale  . The author's intent is to make it easier to  
            prosecute corporal punishment of a child.

           2)Current law  makes it a felony, punishable by 2, 4, or 6 years  
            in state prison for any person, who, under circumstances or  
            conditions likely to produce great bodily harm or death,  
            willfully causes or permits a child to suffer, or willfully  
            causes or permits a child to be placed in a situation where  
            his or her health is endangered. 

            Current law makes it a misdemeanor for any 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 willfully causes or a child to be placed  
            in a situation where his or her person or health is  
            endangered. 
           
           
           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081