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
AB 2199
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