BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1821


                                                                    Page  1


          Date of Hearing:  March 15, 2016
          Counsel:               Sandra Uribe


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                       Reginald Byron Jones-Sawyer, Sr., Chair





          AB  
                  1821 (Maienschein) - As Introduced  February 8, 2016



          
          SUMMARY:  Makes specified sex crimes committed against victims  
          with mental disorders or physical or developmental disabilities  
          qualifying crimes for the "One Strike Sex Law" and the  
          vulnerable victim enhancement.  Specifically, this bill:  

          1)Adds the crimes of rape, sexual penetration, sodomy, and oral  
            copulation committed against a person who is incapable of  
            giving legal consent due to of a mental disorder or  
            developmental or physical disability to the list of offenses  
            which qualify for application of the "One Strike Sex Law."

          2)Adds the crimes of rape, sexual penetration, sodomy, and oral  
            copulation committed against a person who is incapable of  
            giving legal consent due to of a mental disorder or  
            developmental or physical disability to the list of offenses  
            which qualify for the vulnerable-victim enhancement.

          EXISTING LAW:  

          1)Provides that a person who commits an act of rape against a  
            victim who is incapable of giving legal consent due to of a  
            mental disorder or developmental or physical disability, shall  
            be punished by imprisonment in the state prison for three,  








                                                                    AB 1821


                                                                    Page  2


            six, or eight years.  (Pen. Code, § 264.)

          2)Provides that a person who commits an act of sodomy against a  
            victim who is incapable of giving legal consent due to a  
            mental disorder or developmental or physical disability, shall  
            be punished by imprisonment in the state prison for three,  
            six, or eight years.  (Pen. Code, § 286, subd. (g).)

          3)Provides that a person who commits an act of oral copulation  
            against a victim who is incapable of giving legal consent due  
            to a mental disorder or developmental or physical disability,  
            shall be punished by imprisonment in the state prison for a  
            period of three, six, or eight years.  (Pen. Code, § 288a,  
            subd. (g).)

          4)Provides that a person who commits an act of sexual  
            penetration against a victim who is incapable of giving legal  
            consent due to a mental disorder or developmental or physical  
            disability shall be punished by imprisonment in the state  
            prison for a period of three, six, or eight years.  (Pen.  
            Code, § 289, subd. (b).)

          5)Provides an additional punishment of one year when the  
            defendant knows or reasonably should know that the victim of  
            an enumerated offense is 65 years of age or older, blind,  
            deaf, developmentally disabled, a paraplegic, a quadriplegic,  
            or under 14 years old. (Pen. Code, § 667.9, subd. (a).)

          6)Provides an additional punishment of two years when the  
            defendant knows or reasonably should know that the victim of  
            an enumerated offense is 65 years of age or older, blind,  
            deaf, developmentally disabled, a paraplegic, a quadriplegic,  
            or under 14 years old, and where the defendant also has a  
            prior conviction for one of those crimes. (Pen. Code, § 667.9,  
            subd. (b).)

          7)Defines "developmentally disabled" for purposes of the  
            vulnerable victim enhancement as "a severe, chronic disability  
            of a person, which is all of the following:

             a)   Attributable to a mental or physical impairment or a  
               combination of mental and physical impairments;








                                                                    AB 1821


                                                                    Page  3



             b)   Likely to continue indefinitely; and

             c)   Results in substantial functional limitation in three or  
               more of the following areas of life activity:

               i)     Self-care;

               ii)    Receptive and expressive language;

               iii)   Learning;

               iv)    Mobility;

               v)     Self-direction;

               vi)    Capacity for independent living;

               vii)   Economic self-sufficiency."  (Pen. Code, § 667.9,  
                 subd. (d).)

          8)Provides that persons who commit rape, spousal rape, rape in  
            concert, lewd and lascivious acts on a minor, sexual  
            penetration, sodomy, oral copulation, continuous sexual abuse  
            of a child, shall be punished by 25-years-to-life if (Pen.  
            Code, § 667.61, subd. (a)):

             a)   One or more of the following circumstances exist:  

               i)     The defendant has been previously convicted of a  
                 specified sex offense;  

               ii)    The defendant kidnapped the victim of the present  
                 offense and the movement of the victim substantially  
                 increased the risk of harm to him or her;

               iii)   The defendant inflicted aggravated mayhem or torture  
                 on the victim or another person in the commission of the  
                 present offense;  

               iv)    The defendant committed the present offense during  
                 the commission of a burglary of the first degree;








                                                                    AB 1821


                                                                    Page  4



               v)     The defendant committed rape by a foreign object,  
                 sodomy in concert, as specified, oral copulation in  
                 concert as specified; or,

             b)   Two or more of the following circumstances exist: 

               i)      The defendant kidnapped the victim of the present  
                 offense, as specified.

               ii)    The defendant committed the present offense during  
                 the commission of a burglary, as specified.

               iii)   The defendant personally used a dangerous or deadly  
                 weapon or a firearm in the commission of the present  
                 offense, as specified.

               iv)    The defendant has been convicted in the present case  
                 or cases of committing an offense specified against more  
                 than one victim.

               v)     The defendant engaged in the tying or binding of the  
                 victim or another person in the commission of the present  
                 offense.

               vi)    The defendant administered a controlled substance to  
                 the victim in the commission of the present offense, as  
                 specified.

          9)Provides that persons who commit rape, spousal rape, rape in  
            concert, lewd and lascivious acts on a minor, sexual  
            penetration, sodomy, oral copulation, continuous sexual abuse  
            of a child, shall be punished with 15-years-to-life if one of  
            the following circumstances exist (Pen. Code, § 667.61, subd.  
            (b)):

               vii)   The defendant kidnapped the victim of the present  
                 offense, as specified.

               viii)  The defendant committed the present offense during  
                 the commission of a burglary, as specified.









                                                                    AB 1821


                                                                    Page  5


               ix)    The defendant personally used a dangerous or deadly  
                 weapon or a firearm in the commission of the present  
                 offense, as specified.

               x)     The defendant has been convicted in the present case  
                 or cases of committing an offense specified against more  
                 than one victim;

               xi)    The defendant engaged in the tying or binding of the  
                 victim or another person in the commission of the present  
                 offense; or,

               xii)   The defendant administered a controlled substance to  
                 the victim in the commission of the present offense, as  
                 specified.

          FISCAL  
            EFFECT:10)  Unknown

          COMMENTS:

          1)Author's Statement:  According to the author, "Under AB 1821,  
            the scope of existing penalty enhancements in Penal Code  
            section 667.9 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 1821 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 1821  
            will allow for more equitable punishment for those who commit  
            heinous crimes against victims who do not have the ability to  
            protect themselves."









                                                                    AB 1821


                                                                    Page  6


          2)Dual Use of Facts:  "Although a single factor may be relevant  
            to more than one sentencing choice, such dual or overlapping  
            use is prohibited to some extent.  For example, the court  
            generally cannot use a single fact both to aggravate the base  
            term and to impose an enhancement, nor may it use a fact  
            constituting an element of the offense either to aggravate or  
            to enhance a sentence." (People v. Scott (1994) 9 Cal.4th 331,  
            350 & fn. 12.)

          For example, Penal Code section 12022.7, the great bodily injury  
            enhancement, which allows for enhanced punishment for actual  
            infliction of great bodily injury where a great bodily injury  
            occurred, can be applied to any offense except those where  
            serious bodily injury is already an element of the substantive  
            offense charged.  (People v. Parrish (1985) 170 Cal.App.3d  
            336, 343-344; see also Pen. Code, § 12022.7, subd. (e), and  
            Cal. Rules of Court, rule 4.420.)

          However, "where the facts surrounding the charged offense exceed  
            the minimum necessary to establish the elements of the crime,  
            the trial court can use such evidence to aggravate the  
            sentence." (People v. Castorena (1996) 51 Cal.App.4th 558,  
            562.)  So, for example, where an age is an element of the  
            offense, the victim's age alone may not be used as a factor in  
            aggravation (People v. Fernandez (1990) 226 Cal.App.3d 669,  
            680), unless the victim is extremely young within the given  
            age range so as to make a victim "particularly vulnerable" in  
            relation to others within the age range (People v. Ginese  
            (1981) 121 Cal.App.3d 468, 477).

          As pertains to this bill, the victim's developmental or physical  
            disability is an element of the enhancement.  CALCRIM No. 3222  
            instructs the jury that it must decide whether the victim was,  
            inter alia, "blind/deaf/developmentally  
            disabled/paraplegic/[or] quadriplegic."  The instruction also  
            gives a specific definition for a developmental disability.   
            For a true finding on the enhancement based on this  
            characteristic, the jury must find developmentally disabled  
            means a severe, chronic disability of a person that:  1) is  
            attributable to a mental or physical impairment or a  
            combination of mental and physical impairments; 2) is likely  
            to continue indefinitely; and 3) results in substantial  








                                                                    AB 1821


                                                                    Page  7


            functional limitation in three or more of the following  
            abilities: to care for one's self; to understand and express  
            language; to learn; to be independently mobile; to engage in  
            self-direction; to live independently; or to be economically  
            self-sufficient.  (CALCRIM No. 3222.)

          The instructions on the substantive crimes also reference the  
            victim's disability.  The jury is required to find that a  
            mental disorder/development or physical disability prevents  
            the victim from legally consenting.  (See e.g., CALCRIM No.  
            1004 [rape of a disabled woman].)  The finding that there is a  
            disability is limited to whether that disability affects the  
            victim's ability to consent.  

          Arguably, the jury would have to make additional findings to  
            impose the vulnerable-victim enhancement.  The jury would be  
            required to find that the developmental disability satisfied  
            the criteria listed in the jury instruction.  Alternatively,  
            the jury could find that a victim suffered from one of the  
            other physical disabilities which would not necessarily have  
            prevented the person from legally consenting to the sex act.   
            So, imposing the victim-vulnerability enhancement on a sex  
            crime committed against a disabled person would not  
            necessarily constitute impermissible dual use of facts.

          3)One Strike Law:  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.  (Pen. Code,  
            § 667.61.)   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 in subdivision (e), 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 subdivision (d), or two or more circumstances  
            listed under subdivision (e), then he or she will receive a  
            sentence of 25 years to life.  The distinction is that the  
            aggravating circumstances listed in subdivision (d) are more  








                                                                    AB 1821


                                                                    Page  8


            severe than those listed in subdivision (e).

          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.

          4)Prison Overcrowding:   In January 2010, a three-judge panel  
            issued a ruling ordering the State of California to reduce its  
            prison population to 137.5% of design capacity because  
            overcrowding was the primary reason that CDCR was unable to  
            provide inmates with constitutionally adequate healthcare.   
            (Coleman/Plata vs. Schwarzenegger (2010) No. Civ S-90-0520 LKK  
            JFM P/NO. C01-1351 THE.)  The United State Supreme Court  
            upheld the decision, declaring that "without a reduction in  
            overcrowding, there will be no efficacious remedy for the  
            unconstitutional care of the sick and mentally ill" inmates in  
            California's prisons.  (Brown v. Plata (2011) 131 S.Ct. 1910,  
            1939; 179 L.Ed.2d 969, 999.)  

          After  continued litigation, on February 10, 2014, the federal  
            court ordered California to reduce its in-state adult  
            institution population to 137.5% of design capacity by  
            February 28, 2016, as follows:

                     143% of design bed capacity by June 30, 2014;
                     141.5% of design bed capacity by February 28, 2015;  
                 and,
                     137.5% of design bed capacity by February 28, 2016. 

            A recent report on the status of corrections notes:

            "The Department's total adult inmate population as of December  
            9, 2015, was 127,468, of which 112,510 were housed in the  
            Department's adult institutions, and the remaining
            14,958 were housed in fire camps or contract beds. The  
            December 9, 2015 institution
            population was 136.0 percent of design capacity, or 1,212  
            inmates below the 137.5-percent
            population cap based on currently constructed capacity. While  
            the activation of three infill
            facilities will add capacity of 3,267, fall 2015 population  








                                                                    AB 1821


                                                                    Page  9


            projections estimate the total inmate
            population will increase to 131,092 by June 2020, an increase  
            of 3,624 inmates over the
            December 9, 2015 population. Therefore, without further  
            population reduction measures
            or capacity, the state will not be able to further reduce the  
            use of contract beds, or close
            state-owned facilities."  (An Update to the Future of  
            California Corrections, January 2016, p. 25,  
            <  http://www.cdcr.ca.gov/Blueprint-Update-2016/An-Update-to-the- 
            Future-of-California-Corrections-January-2016.pdf  >.)

            In other words, the state needs a "durable solution" to prison  
            overcrowding "consistently demanded" by the court.  (Opinion  
            Re: Order Granting in Part and Denying in Part Defendants'  
            Request For Extension of December 31, 2013 Deadline, NO.  
            2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown,  
            Plata v. Brown (2-10-14).)  However, the prison population is  
            currently projected to increase. 

            CDCR has informed this Committee that in in the last four  
            fiscal years (FY), there were the following admissions to  
            prison for the offenses targeted under this bill:

               ------------------------------------------------------------------------------- 
              |               |                   |                  |                        |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
               ------------------------------------------------------------------------------- 
               ------------------------------------------------------------------------------ 
              |FY 2011/12                                                                    |
              |                                                                              |
              |                                                                              |
               ------------------------------------------------------------------------------ 
               ------------------------------------------------------------------------------ 
              |             Principal|           Subordinate|           Both                    |
              |                   |                      |                                   |
              |                   |                      |                                   |
               ------------------------------------------------------------------------------ 
              |---------------+-------------------+------------------+------------------------|
              |PC § 261(a)(1) |4                  |4                 |8                       |
              |               |                   |                  |                        |








                                                                    AB 1821


                                                                    Page  10


              |               |                   |                  |                        |
              |---------------+-------------------+------------------+------------------------|
              |PC §286(h)     |0                  |0                 |0                       |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
              |---------------+-------------------+------------------+------------------------|
              |PC § 286(g)    |1                  |6                 |7                       |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
               ------------------------------------------------------------------------------- 
              |PC § 288a(g)   |3                  |8                 |11                      |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
               ------------------------------------------------------------------------------- 
              |PC § 289(b)    |1                  |0                 |1                       |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
              |---------------+-------------------+------------------+------------------------|
              |Totals         |9                  |18                |27                      |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
               ------------------------------------------------------------------------------- 
               ------------------------------------------------------------------------------ 
              |FY 2012/13                                                                    |
              |                                                                              |
              |                                                                              |
               ------------------------------------------------------------------------------ 
               --------------------------------------------------------------------------- 
              |             Principal|          Subordinate|             Both                  |
              |                   |                   |                                   |
              |                   |                   |                                   |
              |                   |                   |                                   |
               --------------------------------------------------------------------------- 
               ------------------------------------------------------------------------------- 
              |PC § 261(a)(1) |9                  |4                 |13                      |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
               ------------------------------------------------------------------------------- 
              |PC §286(h)     |0                  |1                 |1                       |
              |               |                   |                  |                        |
              |               |                   |                  |                        |








                                                                    AB 1821


                                                                    Page  11


               ------------------------------------------------------------------------------- 
              |PC § 286(g)    |1                  |1                 |2                       |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
                                                                                           ------------------------------------------------------------------------------- 
              |PC § 288a(g)   |3                  |6                 |9                       |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
               ------------------------------------------------------------------------------- 
              |PC § 289(b)    |1                  |0                 |1                       |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
              |---------------+-------------------+------------------+------------------------|
              |Totals         |14                 |12                |26                      |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
               ------------------------------------------------------------------------------- 
               ------------------------------------------------------------------------------ 
              |FY 2013/14                                                                    |
              |                                                                              |
              |                                                                              |
               ------------------------------------------------------------------------------ 
               --------------------------------------------------------------------------- 
              |             Principal|          Subordinate|             Both                  |
              |                   |                   |                                   |
              |                   |                   |                                   |
              |                   |                   |                                   |
               --------------------------------------------------------------------------- 
               ------------------------------------------------------------------------------- 
              |PC § 261(a)(1) |5                  |4                 |9                       |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
               ------------------------------------------------------------------------------- 
              |PC § 286(h)    |0                  |0                 |0                       |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
               ------------------------------------------------------------------------------- 
              |PC § 286(g)    |1                  |0                 |1                       |
              |               |                   |                  |                        |








                                                                    AB 1821


                                                                    Page  12


              |               |                   |                  |                        |
               ------------------------------------------------------------------------------- 
              |PC § 288a(g)   |1                  |9                 |10                      |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
               ------------------------------------------------------------------------------- 
              |PC § 289(b)    |3                  |5                 |8                       |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
              |---------------+-------------------+------------------+------------------------|
              |Totals         |10                 |18                |28                      |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
               ------------------------------------------------------------------------------- 
               ------------------------------------------------------------------------------ 
              |FY 2014/15                                                                    |
              |                                                                              |
              |                                                                              |
               ------------------------------------------------------------------------------ 
               --------------------------------------------------------------------------- 
              |             Principal|          Subordinat|             Both                  |
              |                    |          e       |                                   |
              |                    |                  |                                   |
              |                    |                  |                                   |
               --------------------------------------------------------------------------- 
               ------------------------------------------------------------------------------- 
              |PC § 261(a)(1) |1                  |7                 |8                       |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
               ------------------------------------------------------------------------------- 
              |PC §286(h)     |0                  |0                 |0                       |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
               ------------------------------------------------------------------------------- 
              |PC § 286(g)    |0                  |0                 |0                       |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
               ------------------------------------------------------------------------------- 
              |PC § 288a(g)   |2                  |1                 |3                       |








                                                                    AB 1821


                                                                    Page  13


              |               |                   |                  |                        |
              |               |                   |                  |                        |
               ------------------------------------------------------------------------------- 
              |PC § 289(b)    |3                  |1                 |4                       |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
              |---------------+-------------------+------------------+------------------------|
              |Totals         |6                  |9                 |15                      |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
              |               |                   |                  |                        |
               ------------------------------------------------------------------------------- 



            However, it should be noted that not all of these admissions  
            would be prosecuted under the One-Strike Law or allege the  
            vulnerable-victim enhancement.  Moreover, in those cases in  
            which the vulnerable-victim enhancement is pled and proven,  
            the court retains the discretion to strike it.  (Pen. Code, §  
            1385.)  Therefore, expanding the scope of these provisions to  
            include the specified crimes would likely result in minor  
            increased state incarceration.
          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  
            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."

          2)Argument in Opposition:  According to the California Attorneys  
            for Criminal Justice (CACJ), "CACJ understands the needs to  
            protect those in our community who are handicapped or disabled  
            in some manner.  Current law imposes very long prison  
            sentences on any individual who sexually assaults another  
            person, and Penal Code § 667.9 currently aggravates that  
            prison sentence if the victim is developmentally disabled.

          "AB 1821 would dramatically increase the prison sentence for an  
            individual who sexually assaults the victim who is  








                                                                    AB 1821


                                                                    Page  14


            developmentally disabled as defined in section 667.9.  There  
            is no requirement the defendant know he/she is assaulting a  
            person who is developmentally disabled.  Hence, the new life  
            sentences in prison authorized by AB 1821 will be imposed on a  
            strict liability offense - a suspect's honest and legitimate  
            ignorance that the victim is developmentally disabled makes no  
            difference.  Even if the crime is deemed to require the  
            suspect reasonably should have known that the victim was  
            developmentally disabled, plainly the suspect need not know -  
            it is enough that some imaginary 'reasonable' person would  
            have known.

          "Some individuals who are developmentally disabled live in  
            community settings - institutional or otherwise - with other  
            developmentally disabled individuals.  As occasional press  
            accounts have reported, one developmentally disabled resident  
            has sometimes engaged in sexual relations with another.  As  
            the law provides that a developmentally disabled generally  
            cannot legally consent to sex, such sexual relations will  
            subject the developmentally disabled person who initiates sex  
            to life in prison.  Indeed, under the amendment of section  
            667.61 proposed by AB 1821, if that developmentally disabled  
            person enters the separate room of the second developmentally  
            disabled person in a residential facility to have sex, the  
            'offender' will be subject to 'imprisonment in state prison  
            for life without the possibility of parole' as provided in  
            section 667.61, subdivision (l). There is no demonstrated need  
            for the changes proposed and no evidence the targeted crimes  
            will be deterred or that others will be any better protected."

          3)Related Legislation:  

             a)   AB 1272 (Grove) requires the court to make reasonable  
               efforts to avoid scheduling a case involving a crime  
               committed against a person with a developmental disability  
               when the prosecutor has another trial set.  AB 1272 is  
               pending in the Senate Public Safety Committee.

             b)   AB 2606 (Grove) requires law enforcement agencies to  
               forward reports of alleged sexual assault and abuse  
               committed by individuals to whom state agencies issue  
               credentials, licenses, or permits to provide services to  








                                                                    AB 1821


                                                                    Page  15


               people with disabilities, children, elders, or dependent  
               adults, to the licensing agency.  AB 2606 is pending  
               hearing in this Committee.

          4)Prior Legislation:

             a)   AB 962 (Maienschein), of the 2015 Legislative session  
               was identical to this bill.  AB 962 was held on the  
               Assembly Appropriations Committee suspense file.

             b)   AB 1335 (Maienschein), of the 2013-2014 Legislative  
               Session, also contained the same provisions as this bill.   
               AB 1335 was held on the Senate Appropriations Committee  
               suspense file.

             c)   AB 313 (Zettel), Chapter 569, Statutes of 1999, added  
               deaf and developmentally disabled persons as qualifying  
               victims to the existing enhancement statute for serious  
               crimes committed against the elderly, children under age  
               14, and persons who are either blind, a paraplegic, or  
               quadriplegic.

             d)   SBx1 26 (Bergeson), Chapter 14, Statutes of 1994,  
               codified the One-Strike Sex Law.

          
          REGISTERED SUPPORT / OPPOSITION:
          
          Support

          Arc and United Cerebral Palsy California Collaboration
          Association for Los Angeles Deputy Sheriffs
          Association of Deputy District Attorneys
          Easter Seals
          Los Angeles Police Protective League
          Los Angeles Probation Officers Union
          Los Angeles Professional Peace Officers Association
          Riverside Sheriffs Association
          San Diego County District Attorney

          
          Opposition








                                                                    AB 1821


                                                                    Page  16


          
          American Civil Liberties Union
          California Attorneys for Criminal Justice
          California Public Defenders Association
          Legal Services for Prisoners with Children

          Analysis Prepared  
          by:              Sandy Uribe / PUB. S. / (916) 319-3744