BILL NUMBER: AB 2054	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Miller

                        FEBRUARY 18, 2010

   An act to amend Section 2933.1 of the Penal Code, relating to sex
offenses.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2054, as introduced, Miller. Sex offenses: rape: worktime
credits.
   Existing law provides that any person convicted of a violent
felony, as specified, shall accrue no more than 15% of worktime
credit, as defined.
   This bill would additionally provide that any person convicted of
rape accomplished where a person is prevented from resisting by any
intoxicating or anesthetic substance or where a person is at the time
unconscious, as specified, shall accrue no more than 15% of worktime
credit.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2933.1 of the Penal Code is amended to read:
   2933.1.  (a) Notwithstanding any other law, any person who is
convicted of  a felony offense listed in   rape
as defined in paragraph (3) or (4) of subdivision (a) of Section 261
or of a felony offense listed in  subdivision (c) of Section
667.5 shall accrue no more than 15 percent of worktime credit, as
defined in Section 2933.
   (b) The 15-percent limitation provided in subdivision (a) shall
apply whether the defendant is sentenced under Chapter 4.5
(commencing with Section 1170) of Title 7 of Part 2 or sentenced
under some other law. However, nothing in subdivision (a) shall
affect the requirement of any statute that the defendant serve a
specified period of time prior to minimum parole eligibility, nor
shall any offender otherwise statutorily ineligible for credit be
eligible for credit pursuant to this section.
   (c) Notwithstanding Section 4019 or any other provision of law,
the maximum credit that may be earned against a period of confinement
in, or commitment to, a county jail, industrial farm, or road camp,
or a city jail, industrial farm, or road camp, following arrest and
prior to placement in the custody of the Director of Corrections,
shall not exceed 15 percent of the actual period of confinement for
any person specified in subdivision (a).
   (d) This section shall only apply to offenses listed in
subdivision (a) that are committed on or after the date on which this
section becomes operative.