BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2199


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          Date of Hearing:  May 11, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2199 (Campos) - As Amended April 25, 2016


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill specifies that persons who commit specified sex  
          offenses involving minors shall be subject to an additional  
          two-year sentence enhancement if the offender is a person in a  
          "position of authority" over the victim, as specified. 


          FISCAL EFFECT:


          Significant fiscal impact to the Department of Corrections and  
          Rehabilitation (CDCR).  According the CDCR statistics, there  








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          were almost 100 persons serving prison time for the crimes cited  
          that would add two years in state prison; if 20% of these  
          individuals were in a "position of authority," CDCR's cost would  
          be approximately $580,000 (GF) the first year and $1.16 million  
          million (GF) the second year, and every year thereafter.


          Moderate, nonreimbursable costs for the additional two years of  
          incarceration, for those terms served in county jail. 


          COMMENTS:


          1)Purpose.  Under existing law "unlawful sexual intercourse"  
            (also known as "statutory rape") and lewd and lascivious acts  
            are both punished on a scale depending on the conduct of the  
            perpetrator, and the respective ages of the defendant and the  
            victim of the crime.  For example:


             a)   Any person who engages in an act of unlawful sexual  
               intercourse with a minor who is not more than three years  
               older or three years younger than the perpetrator, is  
               guilty of a misdemeanor.  

             b)   Any person who engages in an act of unlawful sexual  
               intercourse with a minor who is more than three years  
               younger than the perpetrator is guilty of either a  
               misdemeanor or a felony, and shall be punished by  
               imprisonment in a county jail not exceeding one year, or by  
               imprisonment for 16 months, two, or three years in the  
               county jail for a violation of the felony provision.  

             c)   Any person 21 years of age or older who engages in an  
               act of unlawful sexual intercourse with a minor who is  
               under 16 years of age is guilty of either a misdemeanor or  
               a felony, and shall be punished by imprisonment in a county  
               jail not exceeding one year, or by imprisonment in county  








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               jail for two, three, or four years. 


             d)   Any person who commits any one of specified acts by use  
               of force, violence, duress, menace, or fear of immediate  
               and unlawful bodily injury on the victim or another person,  
               is guilty of a felony and shall be punished by imprisonment  
               in the state prison for 5, 8, or 10 years.   


          2)Purpose. According to the author, "Statutory rape cases are  
            often misconceived as a consensual relationship between an  
            adult and a minor.  The perpetrator often has great influence  
            over his or victim; this is especially true when the offender  
            is in a position of authority, particularly a coach or a  
            teacher.  And although the victims may deny harm, researchers  
            argue that many of these youth often have delayed reactions  
            and later come to realize the inherent power difference in the  
            relationship.  These situations can lead to negative effects  
            for the victims.  This includes an increased risk for  
            unintended pregnancies, contraction of sexually transmitted  
            infections, delinquency, and long-term psychological effects  
            among adolescents.  


            "People in a position of authority know their victims ages as  
            well as their vulnerability.  Therefore, when perpetrators are  
            in a position of authority, they should be punished  
            accordingly.  AB 2199 would assist in this effort by providing  
            prosecutors the discretion of a sentence enhancement for  
            adults charged with felony statutory rape." 

            AB 2199 adds a two-year sentence enhancement to specific  
            violations that are served in state prison.  These sentence  
            enhancements are to be served after the underlying criminal  
            penalties, which range from one to three years in state  
            prison, are served.  

          3)Support.:  According to the California Police Chiefs  








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            Association, "By strengthening our laws to protect children  
            from those who would use their influence and authority for  
            exploitive purposes, our judicial system will now have an  
            added tool to combat these crimes."   


          4)Opposition.  According to The American Civil Liberties Union,  
            "While the intent of AB 2199 appears to be to provide greater  
            protection for minors, research has shown that more severe  
            sentences do not actually enhance public safety. Studies have  
            concluded that the severity of punishment does not generally  
            have an increased effect on deterrence.  Rather, researchers  
            have found that certainty of punishment - that someone will be  
            punished for a particular crime - has a greater deterrent  
            effect than the severity of the punishment itself."  

          5)Related Legislation.  AB 1708 (Gonzales), also on today's  
            agenda, in part, clarifies that solicitation of a minor can be  
            solicitation of a person posing as a minor if the person  
            engaged in the solicitation had the specific intent to solicit  
            a minor, and increases mandatory minimum jail time for  
            solicitation of a minor from two days to 72 hours.  Also,  
            specifies that the fine for solicitation of a minor shall be  
            deposited in the treasury of the county in which the offense  
            occurred and used by the county to fund services for victims  
            of human trafficking.

          Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081


















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