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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1094Introduced by Assembly Member BainsFebruary 20, 2025 An act to amend Section 206.1 of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGESTAB 1094, as introduced, Bains. Crimes: torture of a minor: parole.Existing law makes a person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury upon the person of another guilty of torture, and makes the crime punishable by imprisonment in the state prison for a term of life. Existing law specifies that an inmate imprisoned under a life sentence shall not be paroled until they have served a term of at least 7 years or as established pursuant to a law that establishes a minimum term.This bill would prohibit a person imprisoned for committing the crime of torture from being eligible for parole until they have served at least 25 years, if the victim of the torture was under 14 years of age at the time of the crime. By creating a new sentencing enhancement, the 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 206.1 of the Penal Code is amended to read:206.1. (a) Torture is punishable by imprisonment in the state prison for a term of life.(b) (1) Except as described in paragraph (2), a defendant imprisoned for torture shall not be eligible for parole until they have served at least seven years, pursuant to Section 3046.(2) For a crime of torture committed after January 1, 2026, if the victim is under 14 years of age, the defendant shall not be eligible for parole until they have served at least 25 years.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1094Introduced by Assembly Member BainsFebruary 20, 2025 An act to amend Section 206.1 of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGESTAB 1094, as introduced, Bains. Crimes: torture of a minor: parole.Existing law makes a person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury upon the person of another guilty of torture, and makes the crime punishable by imprisonment in the state prison for a term of life. Existing law specifies that an inmate imprisoned under a life sentence shall not be paroled until they have served a term of at least 7 years or as established pursuant to a law that establishes a minimum term.This bill would prohibit a person imprisoned for committing the crime of torture from being eligible for parole until they have served at least 25 years, if the victim of the torture was under 14 years of age at the time of the crime. By creating a new sentencing enhancement, the 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
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| 5 | - | Amended IN Assembly April 03, 2025 | |
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| 7 | - | Amended IN Assembly April 03, 2025 | |
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| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
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| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 1094 | |
| 14 | 14 | ||
| 15 | - | Introduced by Assembly Member | |
| 15 | + | Introduced by Assembly Member BainsFebruary 20, 2025 | |
| 16 | 16 | ||
| 17 | - | Introduced by Assembly Member Bains | |
| 17 | + | Introduced by Assembly Member Bains | |
| 18 | 18 | February 20, 2025 | |
| 19 | 19 | ||
| 20 | 20 | An act to amend Section 206.1 of the Penal Code, relating to crimes. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 1094, as | |
| 26 | + | AB 1094, as introduced, Bains. Crimes: torture of a minor: parole. | |
| 27 | 27 | ||
| 28 | - | Existing law makes a person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury upon the person of another guilty of torture, and makes the crime punishable by imprisonment in the state prison for a term of life. Existing law specifies that an inmate imprisoned under a life sentence shall not be paroled until they have served a term of at least 7 years or as established pursuant to a law that establishes a minimum term.This bill would prohibit a person imprisoned for committing the crime of torture from being eligible for parole until they have served at least 25 | |
| 28 | + | Existing law makes a person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury upon the person of another guilty of torture, and makes the crime punishable by imprisonment in the state prison for a term of life. Existing law specifies that an inmate imprisoned under a life sentence shall not be paroled until they have served a term of at least 7 years or as established pursuant to a law that establishes a minimum term.This bill would prohibit a person imprisoned for committing the crime of torture from being eligible for parole until they have served at least 25 years, if the victim of the torture was under 14 years of age at the time of the crime. By creating a new sentencing enhancement, the 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. | |
| 29 | 29 | ||
| 30 | 30 | Existing law makes a person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury upon the person of another guilty of torture, and makes the crime punishable by imprisonment in the state prison for a term of life. Existing law specifies that an inmate imprisoned under a life sentence shall not be paroled until they have served a term of at least 7 years or as established pursuant to a law that establishes a minimum term. | |
| 31 | 31 | ||
| 32 | - | This bill would prohibit a person imprisoned for committing the crime of torture from being eligible for parole until they have served at least 25 | |
| 32 | + | This bill would prohibit a person imprisoned for committing the crime of torture from being eligible for parole until they have served at least 25 years, if the victim of the torture was under 14 years of age at the time of the crime. By creating a new sentencing enhancement, the bill would impose a state-mandated local program. | |
| 33 | 33 | ||
| 34 | 34 | 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. | |
| 35 | 35 | ||
| 36 | 36 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 37 | 37 | ||
| 38 | 38 | ## Digest Key | |
| 39 | 39 | ||
| 40 | 40 | ## Bill Text | |
| 41 | 41 | ||
| 42 | - | The people of the State of California do enact as follows:SECTION 1. Section 206.1 of the Penal Code is amended to read:206.1. (a) Torture is punishable by imprisonment in the state prison for a term of life.(b) (1) Except as described in paragraph (2), a defendant imprisoned for torture shall not be eligible for parole until they have served at least seven years, pursuant to Section 3046.(2) For a crime of torture committed after January 1, 2026, if the | |
| 42 | + | The people of the State of California do enact as follows:SECTION 1. Section 206.1 of the Penal Code is amended to read:206.1. (a) Torture is punishable by imprisonment in the state prison for a term of life.(b) (1) Except as described in paragraph (2), a defendant imprisoned for torture shall not be eligible for parole until they have served at least seven years, pursuant to Section 3046.(2) For a crime of torture committed after January 1, 2026, if the victim is under 14 years of age, the defendant shall not be eligible for parole until they have served at least 25 years.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 43 | 43 | ||
| 44 | 44 | The people of the State of California do enact as follows: | |
| 45 | 45 | ||
| 46 | 46 | ## The people of the State of California do enact as follows: | |
| 47 | 47 | ||
| 48 | - | SECTION 1. Section 206.1 of the Penal Code is amended to read:206.1. (a) Torture is punishable by imprisonment in the state prison for a term of life.(b) (1) Except as described in paragraph (2), a defendant imprisoned for torture shall not be eligible for parole until they have served at least seven years, pursuant to Section 3046.(2) For a crime of torture committed after January 1, 2026, if the | |
| 48 | + | SECTION 1. Section 206.1 of the Penal Code is amended to read:206.1. (a) Torture is punishable by imprisonment in the state prison for a term of life.(b) (1) Except as described in paragraph (2), a defendant imprisoned for torture shall not be eligible for parole until they have served at least seven years, pursuant to Section 3046.(2) For a crime of torture committed after January 1, 2026, if the victim is under 14 years of age, the defendant shall not be eligible for parole until they have served at least 25 years. | |
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| 50 | 50 | SECTION 1. Section 206.1 of the Penal Code is amended to read: | |
| 51 | 51 | ||
| 52 | 52 | ### SECTION 1. | |
| 53 | 53 | ||
| 54 | - | 206.1. (a) Torture is punishable by imprisonment in the state prison for a term of life.(b) (1) Except as described in paragraph (2), a defendant imprisoned for torture shall not be eligible for parole until they have served at least seven years, pursuant to Section 3046.(2) For a crime of torture committed after January 1, 2026, if the | |
| 54 | + | 206.1. (a) Torture is punishable by imprisonment in the state prison for a term of life.(b) (1) Except as described in paragraph (2), a defendant imprisoned for torture shall not be eligible for parole until they have served at least seven years, pursuant to Section 3046.(2) For a crime of torture committed after January 1, 2026, if the victim is under 14 years of age, the defendant shall not be eligible for parole until they have served at least 25 years. | |
| 55 | 55 | ||
| 56 | - | 206.1. (a) Torture is punishable by imprisonment in the state prison for a term of life.(b) (1) Except as described in paragraph (2), a defendant imprisoned for torture shall not be eligible for parole until they have served at least seven years, pursuant to Section 3046.(2) For a crime of torture committed after January 1, 2026, if the | |
| 56 | + | 206.1. (a) Torture is punishable by imprisonment in the state prison for a term of life.(b) (1) Except as described in paragraph (2), a defendant imprisoned for torture shall not be eligible for parole until they have served at least seven years, pursuant to Section 3046.(2) For a crime of torture committed after January 1, 2026, if the victim is under 14 years of age, the defendant shall not be eligible for parole until they have served at least 25 years. | |
| 57 | 57 | ||
| 58 | - | 206.1. (a) Torture is punishable by imprisonment in the state prison for a term of life.(b) (1) Except as described in paragraph (2), a defendant imprisoned for torture shall not be eligible for parole until they have served at least seven years, pursuant to Section 3046.(2) For a crime of torture committed after January 1, 2026, if the | |
| 58 | + | 206.1. (a) Torture is punishable by imprisonment in the state prison for a term of life.(b) (1) Except as described in paragraph (2), a defendant imprisoned for torture shall not be eligible for parole until they have served at least seven years, pursuant to Section 3046.(2) For a crime of torture committed after January 1, 2026, if the victim is under 14 years of age, the defendant shall not be eligible for parole until they have served at least 25 years. | |
| 59 | 59 | ||
| 60 | 60 | ||
| 61 | 61 | ||
| 62 | 62 | 206.1. (a) Torture is punishable by imprisonment in the state prison for a term of life. | |
| 63 | 63 | ||
| 64 | 64 | (b) (1) Except as described in paragraph (2), a defendant imprisoned for torture shall not be eligible for parole until they have served at least seven years, pursuant to Section 3046. | |
| 65 | 65 | ||
| 66 | - | (2) For a crime of torture committed after January 1, 2026, if the | |
| 66 | + | (2) For a crime of torture committed after January 1, 2026, if the victim is under 14 years of age, the defendant shall not be eligible for parole until they have served at least 25 years. | |
| 67 | 67 | ||
| 68 | 68 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 69 | 69 | ||
| 70 | 70 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 71 | 71 | ||
| 72 | 72 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 73 | 73 | ||
| 74 | 74 | ### SEC. 2. |