BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Carole Migden, Chairwoman
33 (Battin)
Hearing Date: 5/26/05 Amended: 4/14/05
Consultant: Nora Lynn Policy Vote: Public Safety 4-1
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BILL SUMMARY: SB 33 repeals provisions of law permitting
deferred judgments in intrafamily molestation or sexual abuse
cases if certain conditions are met. SB 33 further specifies
that any person convicted of specified sex crimes with a child
who is a member of their family may not be granted probation
unless they are removed from the family home, with certain
exceptions, and are prohibited from contacting the victim. SB 33
repeals probation eligibility for defendants convicted of child
molestation involving multiple victims, pornography or
substantial sexual conduct, and in cases where specific pleading
or proof allegations are made.
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Fiscal Impact (in thousands)
Major Provisions 2005-06 2006-07 2007-08 Fund
Incarceration Costs likely in excess
General
of $200 annually
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STAFF COMMENTS: SUSPENSE FILE
Under current law, a person convicted of intrafamily lewd
conduct or continuous sexual abuse of a child may receive
probation under certain specified conditions -- among them, a
court making findings that probation is in the child's best
interest and that the defendant can be successfully
rehabilitated. Also under current law, defendants in some of
these cases are permitted to enter deferred judgments, with the
assent of the prosecuting attorney, and undergo treatment and
rehabilitation.
SB 33 repeals these provisions, eliminating probation
eligibility for persons convicted of intrafamily lewd conduct or
continuous sexual abuse that involved multiple victims,
pornography or substantial sexual conduct. SB 33 effectively
eliminates an exception to life terms under the one-strike law
for those convicted of these intrafamily sex crimes that are
granted probation. This bill allows prosecutors to negotiate
plea agreements that leave defendants eligible for probation in
lewd conduct cases.
It has been alleged that as many as 50,000 people in California
have received probation since 1981 for lewd conduct and
continuous sexual abuse of a child. It is unknown how many of
these were in intrafamily abuse cases or how many defendants
will be denied probation as a result of SB 33's provisions, but
if as few as seven additional individuals were to be sent to
state prison in lieu of probation, General Fund costs would
exceed $200,000 per year.