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AB-2121 Crime: battery: commission: certain properties.(2011-2012)

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AB2121:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 2121


Introduced  by  Assembly Member Nielsen

February 23, 2012


An act to amend Section 243.2 of the Penal Code, relating to crime.


LEGISLATIVE COUNSEL'S DIGEST


AB 2121, as introduced, Nielsen. Crime: battery: commission: certain properties.
Existing law provides, with exceptions, that when a battery is committed on school property, park property, or the grounds of a public or private hospital, against any person, the battery is punishable by a fine not exceeding $2,000, or by imprisonment in the county jail not exceeding one year, or by both the fine and imprisonment.
This bill would make technical, nonsubstantive changes to those provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 243.2 of the Penal Code is amended to read:

243.2.
 (a) (1) Except as otherwise provided in Section 243.6, when a battery is committed on school property, park property, or the grounds of a public or private hospital, against any person, the battery is punishable by a fine of not exceeding more than two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by both the fine and imprisonment.
(2) When a violation of this section is committed by a minor on school property, the court may, in addition to any other fine, sentence, or as a condition of probation, order the minor to attend counseling as deemed appropriate by the court at the expense of the minor’s parents. The court shall take into consideration the ability of the minor’s parents to pay, pay; however, no a minor shall not be relieved of attending counseling because of the minor’s parents’ inability to pay for the counseling imposed by this section.
(b) For the purposes of this section, the following terms have the following meanings:
(1) “Hospital” means a facility for the diagnosis, care, and treatment of human illness that is subject to, or specifically exempted from, the licensure requirements of Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
(2) “Park” means any publicly maintained or operated park. It does not include any facility when used for professional sports or commercial events.
(3) “School” means any elementary school, junior high school, four-year high school, senior high school, adult school or any branch thereof, opportunity school, continuation high school, regional occupational center, evening high school, technical school, or community college.
(c) This section shall not apply to conduct arising during the course of an otherwise lawful labor dispute.