AB 2683

Existing law makes it unlawful, under circumstances or conditions likely to produce great bodily harm or death, to willfully cause or permit a child to suffer, or to inflict thereon unjustifiable physical pain or mental suffering, or, having the care or custody of a child, to willfully cause or permit the person or health of that child to be injured, or to willfully cause or permit that child to be placed in a situation where their person or health may be endangered and a violation of these provisions punishable as a misdemeanor or felony. This bill would make any adult who solicits or recruits a minor to commit a felony guilty of child endangerment pursuant to the provisions above and would, in addition and consecutive to any other punishment, make a violation punishable as a sentence enhancement in the state prison for 2, 4, or 6 years. By creating a new crime, the bill would impose a state-mandated local program. Existing law defines murder as the unlawful killing of a human being, or a fetus, except as specified, with malice aforethought. Existing law punishes a person guilty of first-degree murder by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life, and of 2nd-degree murder by imprisonment in the state prison for a term of 15 years to life. Existing law requires a person who personally uses a firearm to commit, among other certain specified felonies, murder to be punished by an additional and consecutive term of imprisonment in the state prison for 25 years to life if the person discharged the firearm and proximately caused great bodily injury or death. This bill would impose a sentence enchantment for murder, consisting of an additional and consecutive term of imprisonment in the state prison of an unspecified period of time, if the murder victim is a minor and the murder occurred in a location where at least one other minor was present. The bill would make the enhancement extend the date of parole eligibility for a person who has been given an indeterminate sentence. By creating a new sentence enhancement, the bill 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.