BILL ANALYSIS Ó AB 2199 Page 1 Date of Hearing: May 11, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2199 (Campos) - As Amended April 25, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|5 - 2 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 AB 2199 Page 2 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 AB 2199 Page 3 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 AB 2199 Page 4 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 Page 5