BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 65| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: CONTINUED AB 65 Page 2 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 CONTINUED AB 65 Page 3 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 CONTINUED AB 65 Page 4 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 CONTINUED AB 65 Page 5 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 **** END **** CONTINUED