BILL NUMBER: AB 29	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly Member Campos

                        DECEMBER 1, 2014

   An act to add Section 1708.5.5 to the Civil Code, relating to
civil actions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 29, as amended, Campos. Civil actions: defenses: unlawful
sexual intercourse.
   Existing law prohibits a person from engaging in unlawful sexual
intercourse, as defined, with a minor and prescribes punishments for
unlawful sexual intercourse. Existing law makes a person who commits
sexual battery, as provided, liable for specified damages. Existing
law establishes the defense of consent in civil actions.
   This bill would prohibit, in any civil action involving sexual
 intercourse between   battery by  an adult
 and   of  a minor, as defined, the
defense that the minor consented to the sexual  intercourse.
  battery if the adult is in a position of trust,
authority, or supervision, or acts as a caretaker, in relation to the
minor. The bill would also provide that the minor's consent does not
mitigate damages in these circumstances. 
   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.  Section 1708.5.5 is added to the Civil Code, to read:
   1708.5.5.  (a) For the purposes of this section, the following
definitions shall apply:
   (1) "Adult" means a person who is at least 18 years of age.
   (2) "Minor" means a person who is under 18 years of age.
   (b) Notwithstanding Section 3515, in any civil action involving
sexual  intercourse between   battery, as
defined in Section 1708.5, by  an adult  and 
 of  a minor, it shall not be a defense  that
  that, nor mitigate damages if,  the minor
consented to the sexual  intercourse.   battery
if the adult is in a position of trust, authority, or supervision, or
acts as a caretaker, in relation to the minor.