AB 2888, as amended, Low. Sex crimes: mandatory prison sentence.
Existing law prohibits a court from granting probation or suspending the execution or imposition of a sentence if a person is convicted of violating specified provisions of law, including rape by force, pandering, aggravated sexual assault of a child, and others.
This bill would prohibit a court from granting probation or suspending the execution or imposition of a sentence if a person is convicted of rape, sodomy, penetration with a foreign object, or oral copulation if the victim was either unconscious or incapable of giving consent due to intoxication.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1203.065 of the Penal Code is amended
(a) Notwithstanding any other law, probation shall
4not be granted to, nor shall the execution or imposition of sentence
5be suspended for, a person who is convicted of violating paragraph
6(2), (3), (4), or (6) of subdivision (a) of Section 261, Section 264.1,
7266h, 266i, 266j, or 269, paragraph (2) or (3) of subdivision (c),
8or subdivision (d), (f), or (i) of Section 286, paragraph (2) or (3)
9of subdivision (c), or subdivision (d), (f), or (i) of Section 288a,
10Section 288.7, subdivision (a),
begin delete (e), or (f)end delete of Section 289,
11or subdivision (b) of Section 311.4.
12(b) (1) Except in unusual cases where the interests of justice
13would best be served if the person is granted probation, probation
14shall not be granted to a person who is convicted of violating
15paragraph (7) of subdivision (a) of Section 261, subdivision (k) of
16Section 286, subdivision (k) of Section 288a, subdivision (g) of
17Section 289, or Section 220 for assault with intent to commit a
18specified sexual offense.
19(2) If probation is granted, the court shall specify on the record
20and shall enter on the minutes the circumstances indicating that
21the interests of justice would best be served by the disposition.