California Assembly Bill AB2633 Introduced / Bill

 BILL NUMBER: AB 2633INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Hadley FEBRUARY 19, 2016 An act to amend Section 26 of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGEST AB 2633, as introduced, Hadley. Crimes: capacity. Existing law provides that all persons are capable of committing crimes except those belonging to specified classes, including, among others, persons who are mentally incapacitated or who committed the act charged without being conscious thereof. This bill would make technical, nonsubstantive changes to those provisions. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 26 of the Penal Code is amended to read: 26. All persons are capable of committing crimes except those belonging to the following classes:  One-- Children   (a)     Children  under  the age of 14,   14 years of age,  in the absence of clear proof that at the time of committing the act charged against them, they knew its wrongfulness.  Two-- Persons   (   b)     Persons  who are mentally incapacitated.  Three-- Persons   (   c)     Persons  who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent.  Four-- Persons   (   d)     Persons  who committed the act charged without being conscious thereof.  Five-- Persons   (   e)     Persons  who committed the act or made the omission charged through misfortune or by accident, when it appears that there was no evil design, intention, or culpable negligence.  Six-- Persons (unless the crime be punishable with death) who   (f)     Unless the crime is punishable with death, persons who  committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to and did believe their lives would be endangered if they refused.