BILL NUMBER: AB 2888	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 16, 2016
	PASSED THE ASSEMBLY  AUGUST 29, 2016
	AMENDED IN SENATE  AUGUST 2, 2016
	AMENDED IN SENATE  JUNE 21, 2016
	AMENDED IN SENATE  JUNE 16, 2016

INTRODUCED BY   Assembly Members Low and Dodd
   (Coauthors: Assembly Members Bonta and Campos)
   (Coauthors: Senators Anderson, Beall, Hill, and Stone)

                        FEBRUARY 29, 2016

   An act to amend Section 1203.065 of the Penal Code, relating to
probation.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2888, 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1203.065 of the Penal Code is amended to read:
   1203.065.  (a) Notwithstanding any other law, probation shall not
be granted to, nor shall the execution or imposition of sentence be
suspended for, a person who is convicted of violating paragraph (2),
(3), (4), or (6) of subdivision (a) of Section 261, Section 264.1,
266h, 266i, 266j, or 269, paragraph (2) or (3) of subdivision (c), or
subdivision (d), (f), or (i) of Section 286, paragraph (2) or (3) of
subdivision (c), or subdivision (d), (f), or (i) of Section 288a,
Section 288.7, subdivision (a), (d), or (e) of Section 289, or
subdivision (b) of Section 311.4.
   (b) (1) Except in unusual cases where the interests of justice
would best be served if the person is granted probation, probation
shall not be granted to a person who is convicted of violating
paragraph (7) of subdivision (a) of Section 261, subdivision (k) of
Section 286, subdivision (k) of Section 288a, subdivision (g) of
Section 289, or Section 220 for assault with intent to commit a
specified sexual offense.
   (2) If probation is granted, the court shall specify on the record
and shall enter on the minutes the circumstances indicating that the
interests of justice would best be served by the disposition.