Child abuse sentencing: child becoming comatose or suffering paralysis.

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.