California State Senator Richard Roth introduced Senate Bill 40, which is aimed at protecting victims of domestic violence.
Under his proposed bill, it would recognize state law to separately establish the felony offense of domestic violence where the corporal injury is caused by strangulation or suffocation, as specified.
Currently, existing law makes it a crime, punishable by a fine, by imprisonment, or by both a fine and imprisonment, for a person to willfully inflict corporal injury, including, but not limited to, by strangulation or suffocation, resulting in a traumatic condition upon a person with whom the defendant has been in a specified domestic relationship.
Here is a statement by Senator Roth in a press release last week:
Senate Bill 40 – Protecting Victims of Domestic Violence
Research has shown that a survivor of strangulation is eight times more likely to be the victim of a homicide, with nearly 1 out of 4 domestic violence cases involving strangulation. Strangulation violence is one of the most lethal forms of violence in domestic violence cases but despite this, current law does not separate acts of domestic violence that involve strangulation from those that do not, making it difficult for law enforcement to identify and prosecute these cases.
Sponsored by the Riverside County District Attorney, SB 40 ensures the law makes this important distinction, ensuring law enforcement has the legal tools it needs to effectively prosecute and prevent domestic violence and homicide.
“I am proud to stand with the survivors of domestic violence,” said Senator Roth. “Providing law enforcement with the tools they need to protect survivors of these horrific crimes is critical to ensuring our homes and neighborhoods are safe, and I will continue standing up for survivors throughout our region and state.”
