Today's Law As Amended


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AB-1813 Domestic violence: presence of minors: enhancements.(2003-2004)



As Amends the Law Today


SECTION 1.

 Section 273.55 is added to the Penal Code, to read:

273.55.
 (a) Any person convicted of a felony for the commission of an act constituting domestic violence, as defined in Section 13700, when the commission occurs in the presence of, or is witnessed by, any child under 18 years of age, shall, in addition and consecutive to the punishment prescribed for the felony of which he or she has been convicted, be punished by an additional term of one year in the state prison.
(b) (1) Any person convicted of a misdemeanor for the commission of an act constituting domestic violence, as defined in Section 13700, when the commission occurs in the presence of, or is witnessed by, any child under 18 years of age, shall be sentenced to at least 90 days for the offense.
(2) If a mandatory jail term is required for the underlying misdemeanor offense, that mandatory term shall be increased by 90 days, to the extent possible without exceeding the lesser of the maximum term provided for the misdemeanor offense, or one year.
(c) Any person who inflicts great bodily injury, as defined in Section 12022.7, on any victim in the commission of felony domestic violence, as defined in Section 13700, when the commission occurs in the presence of, or is witnessed by, any child under 18 years of age, shall, in addition and consecutive to the punishment prescribed for the felony of which he or she has been convicted, be punished by an additional term of two years in the state prison.
SEC. 2.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.