AB 1508

Bill Subjects

Abstract

(1) Existing law requires, when a range of punishments is prescribed for a particular crime, the punishment to be inflicted in a particular case to be determined by the court, subject to certain limitations, and requires, when a statute specifies 3Â possible terms of imprisonment, the court to order imposition of the middle term, unless there are circumstances in aggravation or mitigation of the crime. This bill would provide that, when determining the punishment to be imposed in all misdemeanor and infraction cases, or when determining the term to be imposed when a statute specifies 3Â possible terms of imprisonment, the fact that a defendant did not understand the consequences of his or her actions because he or she was raised in an affluent or overly permissive household shall not be considered a circumstance in mitigation of the crime. (2) Existing law requires the court to hear and determine the suitability of probation in a particular case. At the hearing, the court is required to consider any report of the probation officer, and, if the court determines that there are circumstances in mitigation of the punishment prescribed by law or that the ends of justice would be served by granting probation to the person, the court may place the person on probation. This bill would provide, for purposes of these provisions, that circumstances in mitigation do not include the fact that the defendant may not have understood the consequences of his or her actions because he or she was raised in an affluent or overly permissive household. (3) Existing law provides that no act committed by a person while in a state of voluntary intoxication is less criminal by reason of his or her having been in that condition. Existing law provides that diminished capacity, diminished responsibility, or irresistable impulse is not a defense in a criminal action or juvenile adjudication hearing. This bill would provide that an act committed by a person is not less criminal by reason of his or her having been raised in an affluent or overly permissive household, nor is it a defense to a criminal action or juvenile adjudication that a person did not understand the consequences of his or her actions because he or she was raised in an affluent or overly permissive household. By eliminating a potential criminal defense, this bill would impose a state-mandated local program. (4) 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.