BILL ANALYSIS Ó
SB 1075
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Date of Hearing: June 21, 2016
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SB
1075 (Runner) - As Amended April 14, 2016
SUMMARY: Requires the Department of Justice (DOJ) to include
disaggregated information on child molestation crimes in its
annual statewide criminal statistics report. Specifically, this
bill:
1)Requires the DOJ in its annual report "Crime in California",
to include statistics on child molestation in the same format
and within the existing Table 1 and Table 2 that reports on
the number, rates per 100,000 population, and percentage
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change in other violent crimes, including rape.
2)States that child molestation shall include the combined total
offenses of lewd and lascivious acts upon a child under the
age of 14, and continuous sexual assault of a child.
EXISTING LAW:
1)Requires the DOJ to collect specified crime-related data, and
to prepare an annual report of crime-related statistics.
(Pen.Code, §13010.)
2)Specifies that the DOJ annual report contain statistics
regarding the amount and types of offenses known to public
authorities; the personal and social characteristics of
criminals and delinquents; the administrative actions taken by
law enforcement, judicial, penal, and correctional agencies or
institutions, including those in the juvenile justice system,
in dealing with criminals or delinquents; and the number of
citizens' complaints received by law enforcement agencies, as
specified. (Pen.Code, §13012.)
3)Requires every person and agency that deals with crimes or
criminals or with delinquency or delinquents to maintain
specified records and report statistical data to the DOJ when
requested by the Attorney General. (Pen.Code §13020.)
4)States that any person who lives with, or has recurring access
to, a child and engages in three or more acts of substantial
sexual conduct, or commits three or more acts of lewd and
lascivious conduct with a child under the age of 14 over a
period of at least three months, is guilty of the felony of
continuous sexual abuse of a child, punishable by 6, 12, or 16
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years in the state prison, by a fine not to exceed $10,000, or
by both a fine and imprisonment. (Pen.Code, § 288.5.)
5)Provides that any person who commits lewd and lascivious acts
with a child under the age of 14 years shall be imprisoned in
state prison for three, six or eight years. (Pen.Code, §288.)
6)Defines a "lewd act with a child" as any touching (through
clothing or on the skin) of a child (by the defendant or by
the child at the instigation of the defendant) done for sexual
gratification (of the perpetrator or the child). [People v.
Martinez (1995) 11 Cal.4th 434, 452.]
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "SB 1075
requires the California Department of Justice to include child
molest statistics in the Crime in California Report prepared
annually by the Department. The bill provides that the number
of child molest offenses and the rate of offense per 100,000
California residents be reported in the same manner employed
to report crimes of rape. The bill defines child molest to
include violation of Penal Code Section 288 (a) (lewd or
lascivious acts upon a child under the age of 14) or Penal
Code 288.5 (continuous sexual abuse of a child).
"Accurate information is necessary to effectively allocate
resources and funding. SB 1075 will give sex crimes against
children the same scrutiny as rape, robbery and vehicle theft
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and provide policymakers and law enforcement with much needed
data."
2)Background: DOJ prepares an annual report entitled Crime in
California. Its most recent available report, Crime in
California 2014, explains:
"Crime in California, 2014 presents an overview of the criminal
justice system in California. Current year statistics are
presented for reported crimes, arrests, dispositions of adult
felony arrests, adult probation, criminal justice personnel,
citizens' complaints against peace officers, domestic
violence-related calls for assistance, and law enforcement
officers killed or assaulted. In addition, statistics for
preceding years are provided for historical context."
This bill would require the California Department of Justice to
include disaggregated child molestation statistics in the
Crime in California Report prepared annually by the
Department. The bill provides that the number of child
molestation offenses and the rate of offense per 100,000
California residents be reported in the same manner employed
to report crimes of rape. The bill defines child molest to
include violations of subdivisions (a) and (b) of Penal Code
section 288 (lewd or lascivious acts upon a child under the
age of 14) or Penal Code section 288.5 (continuous sexual
abuse of a child).
It appears that the report currently contains some information
on the offenses targeted by this bill under the
characterization of "lewd or lascivious," although for
purposes of the report that definition includes a broader
array of sections (specifically, Penal Code sections 220,
266j, 288(a), 288(b)(1), 288(b)(2), 288(c)(1)*, 288(c)(2), and
288.5(a).) For example, the 2014 report indicates that
between 2009 and 2014, adult felony arrests for lewd and
lascivious crimes decreased 20.9 percent, and increased 3
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percent between 2013 and 2014. (See page 26 of the report.)
In addition, the report appears to include a breakdown of the
age of the offender for this category of offenses (See page 40
of the 2014 report). This bill would require that this
category of offenses be broken down to specifically identify
two child molestation crimes.
REGISTERED SUPPORT / OPPOSITION:
Support
Crime Victims United
Opposition
California Police Chiefs' Association
SB 1075
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Analysis Prepared by:Gregory Pagan / PUB. S. / (916)
319-3744