BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2888|
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THIRD READING
Bill No: AB 2888
Author: Low (D) and Dodd (D), et al.
Amended: 8/2/16 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 6-0, 6/28/16
AYES: Hancock, Anderson, Glazer, Leno, Monning, Stone
NO VOTE RECORDED: Liu
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
ASSEMBLY FLOOR: Not relevant
SUBJECT: Sex crimes: mandatory prison sentence
SOURCE: Santa Clara County District Attorney
DIGEST: This bill prohibits 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.
ANALYSIS:
Existing law:
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1)Provides that probation shall not be granted to, nor shall the
execution or imposition of sentence be suspended for, any
person who is convicted of violating specified sex crimes.
(Penal Code § 1203.065(a).)
2)Provides that 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 any person who is
convicted of certain sex crimes. (Penal Code §
1203.056(b)(1).)
3)Provides that when probation is granted under this
subdivision, "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."
(Penal Code § 1203.065(b)(2).
This bill provides that the following additional crimes would be
ineligible for probation under subdivision (a) of Penal Code
Section 1203.065, cited above:
1)Forcible sexual intercourse where the victim is prevented from
resisting by any intoxicating or anesthetic substance, or any
controlled substance, and this condition was known, or
reasonably should have been known by the accused (PC § 261
(a)(3));
2)Forcible sexual intercourse where the victim is at the time
unconscious of the nature of the act, and this is known to the
accused (PC § 261 (a)(4));
3)Sodomy where the victim is at the time unconscious of the
nature of the act and this is known to the person committing
the act (PC § 286 (f));
4)Sodomy where the victim is prevented from resisting by an
intoxicating or anesthetic substance, or any controlled
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substance, and this condition was known, or reasonably should
have been known by the accused (PC § 286 (i));
5)Oral copulation where the victim is at the time unconscious of
the nature of the act and this is known to the person
committing the act (PC § 288a (f));
6)Oral copulation where the victim is prevented from resisting
by any intoxicating or anesthetic substance, or any controlled
substance, and this condition was known, or reasonably should
have been known by the accused (PC § 288a (i));
7)Foreign object sexual penetration when the victim submits
under the belief that the person committing the act or causing
the act to be committed is someone known to the victim other
than the accused, and this belief is induced by any artifice,
pretense, or concealment practiced by the accused (PC § 289
(d)); and
8)Foreign object sexual penetration when the victim is prevented
from resisting by any intoxicating or anesthetic substance, or
any controlled substance, and this condition was known, or
reasonably should have been known by the accused (PC § 289
(e)).
Background
Current law generally authorizes judges to suspend imposition of
a felony sentence and impose terms and conditions of probation.
If any of those terms or conditions is violated, probation is
revoked and the defendant is committed to prison. There are
several crimes, particularly sex crimes, for which probation is
prohibited, or for which probation is granted only if the court
makes certain findings. As explained above, this bill prohibits
probation as a matter of law for certain sex offenses.
FISCAL EFFECT: Appropriation: No Fiscal
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Com.:YesLocal: No
According to the Senate Appropriations Committee:
State prisons: Potentially significant ongoing increase in
state incarceration costs (General Fund) for new commitments
to state prison that otherwise may have been granted probation
or suspension of imposition of a felony sentence. California
Department of Corrections and Rehabilitation data indicates
nearly 100 new commitments to state prison in 2015 under the
specified provisions of this bill. However, the number of
individuals granted probation in lieu of a prison sentence for
these offenses that may be impacted by this bill is unknown.
For context, for every five percent increase in annual
commitments to state prison under the specified provisions of
law, annual state incarceration costs would increase by
$145,000 in the first year, cumulatively increasing for
overlapping sentences.
State parole: Potential increase in future parole supervision
costs for persons released from state prison for a rape
conviction pursuant to PC § 261(a)(3) or PC § 261(a)(4). All
categories of rape under existing law are considered "serious
felonies" pursuant to PC § 1192.7(c), and therefore, subject
to parole supervision upon release from state prison.
County supervision: Unquantifiable net local agency
supervision costs (Local Funds) consisting of potential cost
savings for persons released onto state parole for rape
convictions in lieu of probation, offset by increased costs
for postrelease community supervision for persons that
otherwise would have been granted probation.
SUPPORT: (Verified8/11/16)
Santa Clara County District Attorney (source)
Association of Orange County Deputy Sheriffs
California Police Chiefs Association
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California State Sheriffs' Association
California Statewide Law Enforcement Association
Crime Victims United of California
Fraternal Order of Police
Long Beach Police Officers Association
Sacramento County Deputy Sheriffs' Association
OPPOSITION: (Verified8/11/16)
American Civil Liberties Union
California Public Defenders Association
Prepared by:Alison Anderson / PUB. S. /
8/15/16 20:22:36
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