Bill Text: CA AB771 | 2023-2024 | Regular Session | Amended

California Assembly Bill 771

Bill Title: Crimes: assault by administering substance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB771 Detail]

Download: California-2023-AB771-Amended.html

Amended IN Assembly March 09, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 771

Introduced by Assembly Member Lowenthal

February 13, 2023

An act to amend Section 92 222 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST

AB 771, as amended, Lowenthal. Crimes: ~~bribery.~~ assault by administering substance.

Existing law prohibits a person from administering a controlled substance or anaesthetic or intoxicating agent to a person with the intent of enabling themselves or another person to commit a felony.
This bill would instead prohibit the administering of any such substance to a person without their consent. The bill would also impose an additional penalty if this prohibition was violated with the intent to enable the commission of a crime or if the violation results in bodily injury or death.
By expanding the scope of an existing crime, this 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.
Existing law prohibits a person from offering a bribe, as specified, to certain persons, with the intent to influence their decision on specified matters. A violation of this provision is punishable as a felony.
~~This bill would make technical, nonsubstantive changes to those provisions.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES

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

SECTION 1.

Section 222 of the Penal Code is amended to read:

222.

(a) Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, anaesthetic, or intoxicating ~~agent, with intent thereby to enable or assist himself or herself or any other person to commit a felony,~~ agent without that person’s consent is guilty of a felony punishable by imprisonment in the state prison for 16 months, or two or three years.

(b) Every person who violates subdivision (a) with the intent to enable themselves or another person to commit a crime, including, without limitation, any kidnapping, rape, or sexual assault, shall be punished by an additional term of three years.
(c) Every person who violates subdivision (a) causing great bodily injury to, or death of, the victim shall be punished by an additional term of three years.

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.

SECTION 1.Section 92 of the Penal Code is amended to read:
92.
Every person who gives or offers to give a bribe to any judicial officer, juror, referee, arbitrator, or umpire, or to any person who may be authorized by law to hear or determine any question or controversy, with intent to influence their vote, opinion, or decision upon any matter or question which is or may be brought before them for decision, is punishable by imprisonment in the state prison for two, three or four years.