California lawmaker moves to ban 'affluenza' defense

A California lawmaker has proposed a bill that would prevent legal teams from invoking an "affluenza" defense in the wake of national outrage over a light sentence handed to a wealthy 16-year-old convicted of killing four pedestrians while drunk driving.

Speaking to the Los Angeles Times, Assemblyman Mike Gatto said he realized there was no agreed-upon definition of affluenza, but the bill refers to it as "the notion that an affluent or overly permissive upbringing prevents a defendant from fully understanding the consequences of criminal actions."

“People often think of the Legislature as too reactive,” Gatto told the Times Tuesday evening. “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 Los Angeles Democrat proposed the bill Tuesday, according to the paper.

The nation recoiled last month after an attorney for 16-year-old Ethan Couch successfully argued that because of his client's wealth and privileged upbringing, he did not fully understand the consequences of his behavior. The teen's sentence was reduced from prison to 10 years probation.

He will carry out his rehab in a Newport Beach, Calif. rehab facility at a cost of $450,000. Couch's parents will foot the bill.

Tarrant County District Attorney Joe Shannon has asked a judge to put 16-year-old Ethan Couch behind bars on two cases of intoxication assault that he says are still pending before the court, The Fort Worth Star-Telegram reported.

If the bill is passed, it would prevent people from using affluenza as a defense.

“I view this legislation as a line in the sand about personal responsibility,” Gatto told the Los Angeles Times, “but I also view it as a way to ensure that people who come from privileged backgrounds will not get a different type of justice. The Texas case left a lot of people wondering how someone could kill four people and not do any jail time. I think this will change that landscape a little bit by saying this will not be tolerated in California.”

Al Jazeera and The Associated Press