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California bill would toughen penalties on child abuse
By E.J. Schultz - eschultz@fresnobee.com
Published 12:00 am PDT Wednesday, April 2, 2008
Story appeared in MAIN NEWS section, Page A3
People who abuse children to the point of brain injury or paralysis would draw more prison time under legislation moving through the Capitol.
The bill by Assembly Republican Leader Mike Villines of Clovis was inspired by the case of Adam Carbajal, a Fresno resident who was abused as a 1-year-old in 2004 and now cannot walk or talk.
Ramon Curiel, the then-boyfriend of Carbajal's mom, pleaded no contest and originally agreed to serve up to six years behind bars.
The penalty was increased to 10 years after Adam's grandparents lobbied the judge for a harsher sentence.
Assembly Bill 1987, or "Adam's law," would set a new maximum penalty of 15 years to life in prison. It would apply to any person with care or custody of a child under 8 years old who inflicts "great bodily injury" that causes permanent brain injury or paralysis.
Present guidelines call for up to six years in prison for child abuse and 25-years-to-life for cases that result in death. Villines said a new penalty was needed for severe cases that don't result in death.
"This is about trying to find a way to fix the law to make the crime fit that abuse," he said.
The bill passed the Assembly Public Safety Committee on Tuesday on a 4-0 vote but could face a tougher road ahead.
Democrats, who control committees, have been loath to pass Republican-backed crime bills for fear that they would further strain the state's overcrowded prisons.
California Attorneys for Criminal Justice, which represents defense lawyers, opposes the bill on grounds that it sets a "vague standard" that might allow life sentences to be given in cases of accidental injury.
Carbajal's family was originally told that Adam had fallen but later found out he was shaken violently and thrown up against a wall, said his grandmother Maria Alvarez-Garcia. She attended the hearing with Adam's mother, Mari Delgado.
Adam was originally given a 5 percent chance to live. Now 4 years old, he is slowly recovering but is still in a wheelchair and has daily seizures.
"My son will be struggling for the rest of his life," Delgado said.
About the writer:
- Call E.J. Schultz, Bee Capitol Bureau, (916) 326-5541.
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