BILL NUMBER: AB 701	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 2, 2016
	AMENDED IN SENATE  JUNE 22, 2016
	AMENDED IN SENATE  JUNE 16, 2016
	AMENDED IN SENATE  SEPTEMBER 4, 2015
	AMENDED IN SENATE  JULY 7, 2015

INTRODUCED BY   Assembly Members Cristina Garcia and Eggman
   (Coauthors: Assembly Members Arambula, Atkins, Bonilla, Bonta,
Gatto, Gipson, Gomez, Grove, Lopez,  Maienschein,  McCarty,
Olsen, and Williams)
   (Coauthors: Senators  Anderson,  Beall, Glazer, 
Hall,   Hancock,  Hertzberg,  and Leyva
  Hill,   Leno,   Leyva,  
and Stone  )

                        FEBRUARY 25, 2015

   An act to add Section  260   263.1  to
the Penal Code, relating to sex crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 701, as amended, Cristina Garcia. Sex crimes: rape.
   Existing law defines rape and spousal rape as an act of sexual
intercourse accomplished under specified circumstances indicating a
lack of consent, force, or duress, as specified. Existing law
additionally makes  it unlawful to induce a person to engage
in sexual intercourse, sexual penetration, oral copulation, or sodomy
when his or her consent is procured by false or fraudulent
representation or pretense that is made with the intent to create
fear, and which does induce fear, and that would cause a reasonable
person in like circumstances to act contrary to the person's free
will, and does cause the victim to so act.   various
acts, including sodomy and oral copulation without consent or sexual
intercourse with a minor,  unlawful as sexual assault. 

   Existing law defines sodomy as sexual conduct consisting of
contact between the penis of one person and the anus of another
person. Existing law defines oral copulation as the act of copulating
the mouth of one person with the sexual organ or anus of another
person. Existing law makes it a crime to commit an act of sexual
penetration when the act is accomplished against the victim's will by
means of force, violence, duress, menace, or fear of immediate and
unlawful bodily injury on the victim or another person. 

   This bill would deem a person who is convicted of any of the
aforementioned offenses guilty of rape for purposes of this bill.
 
   This bill would state the findings of the Legislature that all
forms of nonconsensual sexual assault may be considered rape for
purposes of the gravity of the offense and the support of survivors
and would state that this is declarative of existing law. 
   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 263.1 is added to the 
 Penal Code   , to read:  
   263.1.  (a) The Legislature finds and declares that all forms of
nonconsensual sexual assault may be considered rape for purposes of
the gravity of the offense and the support of survivors.
   (b) This section is declarative of existing law.  
  SECTION 1.    Section 260 is added to the Penal
Code, to read:
   260.  For purposes of this section, a person shall be considered
guilty of rape if he or she is convicted under any the following
sections:
   (a) Section 261.
   (b) Section 262.
   (c) Section 266c.
   (d) Section 286.
   (e) Section 288a.
   (f) Section 289.