BILL ANALYSIS Ó
AB 962
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Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
962 (Maienschein) - As Introduced February 26, 2015
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill adds the crimes of rape, sexual penetration, sodomy,
and oral copulation committed against a person who is incapable
of giving legal consent due to a mental disorder or
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developmental or physical disability to the list of offenses
which qualify for (a) application of the "One Strike Sex Law,"
and (b) vulnerable-victim enhancement.
FISCAL EFFECT:
According to the California Department of Corrections (CDCR),
the contracted out-of-state bed rate is $29,000. Approximately
30 individuals are admitted under the targeted sex crimes
annually. If 10 percent were targeted for the specified
victims, the additional costs to CDCR for the enhancements would
be $87,000 (GF) the first additional year, $174,000 (GF) the
second year, etc. for each additional year added to the original
sentence.
COMMENTS:
1)Background. The One Strike Sex Crime Law is a separate
sentencing scheme which was enacted to provide life sentences
for certain aggravated sex offenders, even if they do not have
prior convictions. Under this scheme, a first-time offender
who commits a qualifying sex offense under one or more of the
circumstances listed in the statute is subject to a mandatory
sentence of 15 years to life or 25 years to life. The facts
that bring a defendant within the provisions of the One Strike
Law are grouped into two categories. If a defendant commits a
qualifying crime under one circumstance listed, then he or she
will receive a sentence of 15 years to life. If a defendant
commits a qualifying crime under one or more circumstances
listed under a second category, or two or more circumstances
listed under the first category, then he or she will receive a
sentence of 25 years to life. The distinction is that the
aggravating circumstances listed in the second category are
more severe than those listed in first category.
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Current law provides various sentencing enhancements if a
person commits specific sex crimes against a victim who is
incapable of giving legal consent due to a mental disorder or
developmental or physical disability, or meets specific age
criteria.
2)Purpose. According to the author, "Under AB 962, the scope of
existing penalty enhancements [in current law] will be
expanded, thus allowing prosecutors to obtain higher penalties
when sex crimes are committed against vulnerable individuals
specifically where it is difficult or impossible to prove
force was used due to the nature of the victim's disability.
In the recent California example, this was imperative as the
victim's disability makes her incapable of speech or
movement."
"Additionally, AB 962 will expand One Strike base crime offenses
to include sex crimes involving a victim who is incapable of
giving consent due to a disability when performed in
conjunction with other aggravating circumstances, such as
kidnapping, restraining or use of a deadly weapon."
"All victims deserve equal protection under the law. AB 962
will allow for more equitable punishment for those who commit
heinous crimes against victims who do not have the ability to
protect themselves."
This bill adds crimes to the list of offenses which can be
prosecuted under the One Strike Law. The additional
aggravating circumstances must still be pled and proven to a
jury.
1)Argument in Support: According to the Arc and United Cerebral
Palsy California Collaboration, "Sexual assault of people with
developmental disabilities can legitimately be called an
epidemic. Your bill will increase penalties for the
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relatively few persons who the criminal justice system is able
to convict of this vile crime, keeping them in prison and
preventing their predation of non-incarcerated persons [with]
developmental disabilities for longer periods of time."
4)Argument in Opposition: The California Public Defenders
Association writes, "This legislation is not needed and is
redundant because someone who in the course of committing a
sexual assault kidnaps the victim, commits a burglary, uses a
weapon, inflicts great bodily injury, or ties the victim up or
has a prior sexual assault is already subject to the enhanced
punishment provisions, 15 or 25 years to life, of Penal Code
Section 667.61. What this legislation does is add merely the
status of the disability of the victim."
5)Related Legislation:
a) AB 1272 (Grove) authorizes a judicial officer to issue
an ex parte emergency protective order when an officer has
reason to believe that a developmentally-disabled person is
in immediate danger of sexual exploitation by a
developmental disability residential service provider. AB
1272 is pending in Assembly Judiciary.
b) SB 164 (Beall) provides that where a defendant has been
convicted of a One-Strike qualifying crime in two separate
cases, he or she is subject to a life term under the law
regardless of the order of the convictions. SB 164 is
pending Senate Appropriations.
6)Prior Legislation:
a) AB 1335 (Maienschein), of the 2013-2014 Legislative
Session, a substantially similar bill was held on the
Senate Appropriations Committee suspense file.
b) AB 313 (Zettel), Chapter 569, Statutes of 1999, added
deaf and developmentally disabled persons as qualifying
victims to the existing enhancement statute for serious
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crimes committed against the elderly, children under age
14, and persons who are either blind, a paraplegic, or
quadriplegic.
c) SBx1 26 (Bergeson), Chapter 14, Statutes of 1994,
codified the One-Strike Sex Law.
Analysis Prepared by:Pedro R. Reyes / APPR. / (916)
319-2081