BILL ANALYSIS
AB 2261
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Date of Hearing: May 17, 2006
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Judy Chu, Chair
AB 2261 (Matthews) - As Amended: May 3, 2006
Policy Committee: Public
SafetyVote: 6-1
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
SUMMARY
This bill increases the penalty for sexual contact with, or
mutilation or disinterment of, human remains from 16 months, 2,
or 3 years in state prison, to 3, 6, or 8 years in state prison.
FISCAL EFFECT
Potential for increased state prison terms. Should this bill
result in three persons in consecutive years receiving the
increased penalty, the annual costs in about three years, when
the increased penalties would be in full effect, would exceed
$200,000.
The actual costs are likely to be less, as only one person has
ever been committed to state prison for this offense (AB 1493
(Runner) made this offense a felony effective January 1, 2005.)
COMMENT
1)Rationale . The author contends sexual contact with a corpse
should be penalized to the same extent as rape.
The author references the case of Deborah Whitlock, a resident
of Merced County. Ms. Whitlock was murdered and her body
indicated sexual assault. According to the author, at the time
of her case, the state had no legislation in place to protect
human remains from sexual assaults. According to information
from the deputy district attorney who investigated and
AB 2261
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prosecuted the case, forensic evidence could not determine
whether sexual intercourse occurred before or after death.
Therefore, the conclusion of her case noted that the victim
was deceased during the time of sexual assault and no charges
for the assault applied in the verdict.
2)Current law provides that every person who willfully
mutilates, disinters, or has sexual contact with human remains
known to be human is guilty of a felony, punishable by 16
months, 2, or 3 years in state prison.
3)The Crime of Rape Requires a Live Victim. As noted in the
Public Safety Committee analysis, the California Supreme Court
has held that "rape requires a live victim. Rape must be
accomplished with a person, not a dead body. It must be
accomplished against a person's will. A dead body cannot
consent to or protest a rape, nor can it be in fear of
immediate and unlawful bodily injury." [ People v. Hillhouse ,
27 Cal. 4th 469 (2002), cert. denied 2003 U.S LEXIS 717
(2003), citing People v. Kelly , 1 Cal. 4th at p. 524.]
4)Need/Efficacy . Is a penalty increase likely to affect the
behavior of a person inclined to commit such a crime?
Moreover, as no one has been committed under the existing
felony prohibition, which has been in effect for less than two
years, is there justification for an increase?
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081