California 2009-2010 Regular Session Status: Enacted

AB 1280 — Child abuse sentencing: child becoming comatose or suffering paralysis.

Last action — Chaptered by Secretary of State - Chapter 300, Statutes of 2010.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2009. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law provides that any person who, having the care or custody of a child who is under 8 years of age, assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the child's death, shall be punished by imprisonment in the state prison for 25 years to life. This bill would, in addition, make it a felony, punishable by imprisonment in the state prison for life with the possibility of parole, for a person, having the care or custody of a child who is under 8 years of age, to assault the child with force that to a reasonable person would be likely to produce great bodily injury, resulting in the child becoming comatose due to brain injury or suffering paralysis of a permanent nature, as specified. Because this bill would change the definition of a crime and increase the punishment for an existing crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would make its operation contingent on the enactment of AB 1844 of the 2009–10 Regular Session of the Legislature.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 300, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 12 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 76. Noes 0. Page 6559.)

  5. Ordered placed on unfinished business file.

  6. Action rescinded whereby the bill was re-referred to Com. on RULES pursuant to Assembly Rule 77.2.

  7. Re-referred to Com. on RULES. pursuant to Assembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 21 pursuant to Assembly Rule 77.

  9. Read third time, passed, and to Assembly. (Ayes 31. Noes 1. Page 4669.)

  10. Read second time. To third reading.

  11. Received August 13 pursuant to JR 61(b)(14).

  12. From committee: Do pass. (Ayes 11. Noes 0.) (August 12).

  13. In committee: Set, first hearing. Referred to APPR suspense file.

  14. Read second time and amended. Re-referred to Com. on APPR.

  15. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 29).

  16. Re-referred to Com. on PUB. S.

  17. Withdrawn from committee. Re-referred to Com. on RLS.

  18. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on EQ.

  19. In committee: Set, first hearing. Hearing canceled at the request of author.

  20. Referred to Com. on EQ.

  21. In Senate. Read first time. To Com. on RLS. for assignment.

  22. Read third time, passed, and to Senate. (Ayes 76. Noes 0. Page 1750.)

  23. Read second time. To third reading.

  24. From committee: Do pass. (Ayes 15. Noes 0.) (May 20).

  25. Re-referred to Com. on APPR.

  26. Read second time and amended.

  27. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 28).

  28. From committee: Do pass, and re-refer to Com. on E.S. & T.M. with recommendation: To Consent Calendar. Re-referred. (Ayes 9. Noes 0.) (April 20).

  29. Referred to Coms. on NAT. RES. and E.S. & T.M.

  30. Read first time.

  31. From printer. May be heard in committee March 30.

  32. Introduced. To print.

Sponsors

  • Adams · Cosponsor
  • Villines · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Villines

Co-sponsors (1)

  • Adams

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1280 VILLINES Concurrence in Senate Amendments

Passed 88 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 82002
Democratic 3000
Republican 3000
Total 88002
% of votes cast 98%0%0%2%
How each member voted (90)
Member Party Vote
Tom — Yea
Evans — Yea
Fuentes — Yea
Fuller — Yea
Charles — Yea
John — Yea
A. — Yea
Perez — Yea
Saldana — Not Voting
Torrico — Not Voting
Villines — Yea
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Anderson — Yea
Bass — Yea
Beall — Yea
Bill — Yea
Eng — Yea
Feuer — Yea
DeVore — Yea
Yamada — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB1280 Villines By Huff

Passed 31 Yea · 1 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 29106
Democratic 1001
Republican 1000
Total 31107
% of votes cast 79%3%0%18%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Lowenthal — Yea
Runner — Yea
Negrete — Not Voting
Alquist — Yea
Corbett — Yea
Ducheny — Not Voting
Dutton — Yea
Price — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Nay
Ashburn — Yea
Harman — Yea
Liu — Yea
McLeod — Not Voting
Oropeza — Not Voting
Pavley — Yea
Romero — Yea
Simitian — Yea
Walters — Not Voting
Wright — Yea
Wyland — Yea
Cogdill — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Yee — Yea
Corbett — Yea
Wyland — Yea
Kehoe — Yea
Ashburn — Yea
Walters — Yea
Alquist — Yea
Leno — Yea
Price — Yea
Wolk — Yea
Emmerson — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Yea
Corbett — Yea
Leno — Yea
Alquist — Yea
Ashburn — Yea
Price — Yea
Wolk — Yea
Kehoe — Yea
Walters — Not Voting
Emmerson — Yea

Official roll call →

AB 1280 ADAMS Assembly Third Reading

Passed 88 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 80004
Democratic 5000
Republican 3000
Total 88004
% of votes cast 96%0%0%4%
How each member voted (92)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Charles — Yea
Ammiano — Yea
Anderson — Yea
Beall — Yea
Eng — Not Voting
Feuer — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fuentes — Yea
Furutani — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Conway — Yea
Galgiani — Yea
Gilmore — Yea
Cook — Yea
Duvall — Yea
Hagman — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Krekorian — Not Voting
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Not Voting
Nava — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Not Voting
Tran — Yea
Villines — Yea
Adams — Yea
Bass — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Coto — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuller — Yea
Garrick — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 18001
Democratic 1000
Republican 1000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Hall — Yea
Ammiano — Yea
Davis — Yea
Duvall — Yea
Fuentes — Yea
Miller — Not Voting
Nielsen — Yea
Price — Yea
Solorio — Yea
Torlakson — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Harkey — Yea
Skinner — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1280 do?
Existing law provides that any person who, having the care or custody of a child who is under 8 years of age, assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the child's death, shall be punished by imprisonment in the state prison for 25 years to life. This bill would, in addition, make it a felony, punishable by imprisonment in the state prison for life with the possibility of parole, for a person, having the care or custody of a child who is under 8 years of age, to assault the child with force that to a reasonable person would be likely to produce great bodily injury, resulting in the child becoming comatose due to brain injury or suffering paralysis of a permanent nature, as specified. Because this bill would change the definition of a crime and increase the punishment for an existing crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would make its operation contingent on the enactment of AB 1844 of the 2009–10 Regular Session of the Legislature.
Who sponsors AB 1280?
AB 1280 is sponsored by Adams and Villines.
What is the current status of AB 1280?
This bill has been enacted into law. Introduced February 27, 2009. Enacted.
Where can I track AB 1280?
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