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AB-2633 Crimes: capacity.(2015-2016)



Current Version: 02/19/16 - Introduced

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AB2633:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill
No. 2633

Introduced by Assembly Member Hadley

February 19, 2016

An act to amend Section 26 of the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 2633, as introduced, Hadley. Crimes: capacity.
Existing law provides that all persons are capable of committing crimes except those belonging to specified classes, including, among others, persons who are mentally incapacitated or who committed the act charged without being conscious thereof.
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 26 of the Penal Code is amended to read:

26.
 All persons are capable of committing crimes except those belonging to the following classes:

One— Children

(a) Children under the age of 14, 14 years of age, in the absence of clear proof that at the time of committing the act charged against them, they knew its wrongfulness.

Two— Persons

(b) Persons who are mentally incapacitated.

Three— Persons

(c) Persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent.

Four— Persons

(d) Persons who committed the act charged without being conscious thereof.

Five— Persons

(e) Persons who committed the act or made the omission charged through misfortune or by accident, when it appears that there was no evil design, intention, or culpable negligence.

Six— Persons (unless the crime be punishable with death) who

(f) Unless the crime is punishable with death, persons who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to and did believe their lives would be endangered if they refused.