BILL NUMBER: SB 663	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Lara

                        FEBRUARY 22, 2013

   An act relating to crime.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 663, as introduced, Lara. Sexual assault: victims with
intellectual and developmental disabilities.
   Existing law proscribes various types of sexual assault, including
the crime of rape, which is punishable by imprisonment in the state
prison for 3, 6, or 8 years.
    Existing law also specifically proscribes crimes committed
against elder and dependent adults. Existing law defines, for
purposes of these provisions, a "dependent adult" to mean any person
who is between 18 and 64 years of age, who has physical or mental
limitations which restrict his or her ability to carry out normal
activities or to protect his or her rights, including, but not
limited to, persons who have physical or developmental disabilities.
   This bill would express the intent of the Legislature to enact
legislation that would help to ensure that there is justice for
individuals with intellectual and developmental disabilities who are
victims of sexual assault and would set forth related findings and
declarations.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  (a) The Legislature hereby finds and declares all of
the following:
   (1) Research has found that despite a high number of sexual
assaults committed against people with intellectual disabilities,
there are very few criminal convictions in these cases.
   (2) Research indicates that no action was taken in almost half of
these cases and that prosecution or disciplinary action took place in
only 18.5 percent of the cases.
   (3) It has been reported that 65 percent of these cases that were
reported to the police were not prosecuted because the police
declined to press charges, usually citing the victim as an
incompetent witness.
   (4) It is understood that among the factors that contribute to the
difficulty in obtaining criminal convictions in these cases is a
lack of clear protocols and direction for law enforcement, and a lack
of necessary or additional protections for people with intellectual
and developmental disabilities.
   (b) It is the intent of the Legislature to enact legislation that
would help to ensure that there is justice for individuals with
intellectual and developmental disabilities who are victims of sexual
assault.