Mike Gatto said he is trying to be proactive instead of reactive. Pol wants 'affluenza' defense ban

A California lawmaker is proposing a law in his state that would ban the controversial “affluenza” defense that spared a Texas teenager jail time in a fatal drunk-driving crash.

Los Angeles-area state Assemblyman Mike Gatto introduced a bill this week that would prohibit factoring in a person’s privilege to sentencing.


“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 in determining the punishment to be imposed,” the bill states.

The bill is a response to a controversial case in Texas in which a 16-year-old who pleaded guilty to intoxication manslaughter in a crash that killed four people was sentenced only to probation after a psychologist testified that the teen had been raised in a household that was too permissive and thus was not responsible for his actions, calling it “affluenza.”

Gatto said he is trying to be proactive instead of reactive.

“People often think of the Legislature as too reactive,” Gatto told the L.A. Times. “Up until last year, for instance, it was not illegal to commit rape if the victim thought the rapist was her husband or boyfriend, and people said how did you let this stay on the books so long? We’re trying to be proactive.”

The bill, introduced Tuesday, may be debated in committee in February.

This article tagged under: California

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