BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 65
          Author:   Achadjian (R) and Lowenthal (D), et al.
          Amended:  6/25/13 in Senate
          Vote:     27 - Urgency

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 5/14/13
          AYES:  Hancock, Anderson, Block, De León, Knight, Liu, Steinberg
           
          SENATE APPROPRIATIONS COMMITTEE  :  6-0, 7/1/13
          AYES:  De León, Walters, Gaines, Hill, Lara, Steinberg
          NO VOTE RECORDED:  Padilla
           
          ASSEMBLY FLOOR  :  76-0, 4/18/13 - See last page for vote


           SUBJECT  :    Crimes:  sex crimes

           SOURCE  :     California District Attorneys Association
                      Los Angeles County District Attorney 
                      Santa Barbara District Attorney


           DIGEST  :    This bill expands the definitions of rape and sodomy  
          committed by fraud that are restricted to the impersonation of a  
          spouse to include cases where the perpetrator induces the victim  
          to believe that he/she is someone known to the victim other than  
          the perpetrator.

           ANALYSIS  :    

          Existing law:

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           1. Provides that rape is an act of sexual intercourse  
             accomplished with a person not the spouse of the perpetrator,  
             as specified.

           2. Includes numerous felony sex crimes that are committed where  
             the perpetrator engaged in sodomy, or sexual penetration in a  
             prohibited manner.  The statutes are largely equivalent to  
             the rape statute and involve the following conduct:

                   The perpetrator used force or compulsion.

                   The perpetrator engaged the act while the victim was  
                unconscious of the nature of the act, as specified.

                   The perpetrator fraudulently induced the victim to  
                believe that he/she was the spouse of the victim.  

           1. Provides that where sodomy or sexual penetration is  
             committed by force or compulsion, or where the victim is  
             unconscious of the nature of the act, the crime is punishable  
             by imprisonment in the state prison for three, six, or eight  
             years.  

          This bill:

          1. Expands the definition of rape to include the circumstance  
             where sexual intercourse is accomplished with a person not  
             the spouse of the perpetrator, under the belief that the  
             person committing the act is someone known to the victim  
             other than the accused.

          2. Expands the definition of sodomy to include the circumstance  
             where the victim submits under the belief that the person  
             committing the act is someone known to the victim other than  
             the accused. 

          3. Includes an urgency clause stating, "In order to protect the  
             public from the danger of rape and sodomy by those who  
             impersonate others, at the earliest possible time, it is  
             necessary that this act take effect immediately."

           Background
           
          A recent attempt by the Santa Barbara County District Attorney  

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          to prosecute a rape case clearly demonstrates the deficiency in  
          existing law.  The case involved a male suspect who entered a  
          residence during the night and had intercourse with the female  
          occupant.  The victim believed that the suspect was her  
          boyfriend with whom she shared the residence.  Although she was  
          awake during the encounter, the victim did not immediately  
          realize that the person with whom she was engaged in an act of  
          intercourse was not her boyfriend.  When the victim realized  
          that the man was not her boyfriend, she resisted and the  
          perpetrator fled.

          Although the perpetrator was arrested, the District Attorney  
          could not prosecute him for felony rape, due to the fact that  
          the victim and her boyfriend of 10 years lived together but were  
          not married.  Had the couple been married, the crime could have  
          been prosecuted as a felony rape.  The District Attorney's only  
          option was to prosecute the perpetrator for misdemeanor sexual  
          battery and trespass, and the case was settled when the  
          defendant pled guilty to the lesser charges.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee:

             Potential minor near-term increase in state incarceration  
             costs, likely less than $25,000 (General Fund) annually, for  
             increased state prison commitments to the extent expanding  
             the definition of specified crimes results in additional  
             felony convictions.  Out-year costs could potentially be  
             greater due to the cumulative cost effect of overlapping base  
             sentence terms, parole, and/or sentence enhancements  
             applicable to the specified crimes. 

             Potential future cost pressure of $60,000 (General Fund) per  
             prison commitment per year to the extent the long-term impact  
             of pending legislation considered in aggregate affects the  
             state prison population to a degree that undermines the  
             state's ability to reduce or sustain prison overcrowding  
             below the federal court-imposed population limit.

             Likely minor impact to state trial court workload incurred  
             by the Judicial Branch to the extent the provisions of this  
             bill result in additional felony court filings and related  

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             court time.

             Minor, absorbable workload impact to the Department of  
             Justice associated with increased sex offender registration.

             Minor non-reimbursable local law enforcement costs, offset  
             to a degree by minor fine revenue.

           SUPPORT  :   (Verified  7/2/13)

          California District Attorneys Association (co-source)
          Los Angeles County District Attorney (co-source)
          Santa Barbara District Attorney (co-source) 
          Attorney General Kamala Harris
          AFSCME
          Alameda County Board of Supervisors
          Berkeley City Council
          California Coalition Against Sexual Assault
          California Communities United Institute
          California Crime Victims Assistance Association
          California Partnership to End Domestic Violence
          California Police Chiefs Association
          California Probation Officers
          California Probation, Parole and Correctional Association
          California State Sheriffs' Association
          City of West Hollywood
          District Attorney of Yolo County
          Japanese American Citizens League
          North County Women's Shelter and Resource Center
          Peace Officers Research Association of California
          Planned Parenthood Affiliates of California
          San Bernardino County Sheriff
          Santa Barbara Rape Crisis Center
          University of California, Santa Barbara
          Watsonville-Santa Cruz Japanese American Citizens League

           ARGUMENTS IN SUPPORT  :    According to the author, "Assembly Bill  
          65 would close an archaic loophole in current law that has  
          denied justice to victims simply because they were not married.   
          By removing the reference to spouse in the definition of rape,  
          the updated language will better reflect the modern society we  
          live in and protect all forms of relationship that exist, rather  
          than prescribing each classification of relationship.  This new  
          definition will give district attorneys the tools they need to  

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          prosecute against all cases of rape."

           ASSEMBLY FLOOR  :  76-0, 4/18/13
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,  
            Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,  
            Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,  
            Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Jones,  
            Jones-Sawyer, Levine, Linder, Logue, Maienschein, Mansoor,  
            Medina, Melendez, Morrell, Mullin, Muratsuchi, Nazarian,  
            Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez,  
            Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting,  
            Torres, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams,  
            Yamada, John A. Pérez
          NO VOTE RECORDED:  Holden, Lowenthal, Mitchell, Vacancy


          JG:k  7/2/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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