BILL ANALYSIS
AB 61
Page 1
ASSEMBLY THIRD READING
AB 61 (Nava)
As Amended March 16, 2009
2/3 vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
-------------------------------------------------------------------
|Ayes:|Solorio, Hagman, |Ayes:|De Leon, Nielsen, Ammiano, |
| |Furutani, Gilmore, Hill, | |Charles Calderon, Davis, |
| |Ma, Skinner | |Duvall, Fuentes, Hall, |
| | | |Harkey, Miller, |
| | | |John A. Perez, Price, |
| | | |Skinner, Solorio, Audra |
| | | |Strickland, Torlakson, |
| | | |Krekorian |
|-----+--------------------------+-----+----------------------------|
| | | | |
-------------------------------------------------------------------
SUMMARY : Adds specified sex offenses to the list of crimes for
which a minor charged with the commission thereof would become
ineligible for a deferred entry of judgment (DEJ).
Specifically, this bill excludes the following crimes from
eligibility for DEJ:
1)Rape where a person is incapable, because of a mental disorder
or physical disability, of giving consent; rape where a person
is prevented from resisting by the administration of an
intoxicating substance; rape where a person is unconscious of
the nature of the act; rape where a person submits under the
belief that the person committing the act is the person's
spouse; rape where the act is accomplished against the victims
will by threats of retaliation in the future.
2)Rape in concert or incest.
3)Sodomy with a person under 14 years of age and more than 10
years younger than the perpetrator; sodomy where a person is
incapable, because of a mental disorder or physical
disability, of giving consent; rape where a person is
prevented from resisting by the administration of an
intoxicating substance; sodomy where a person is unconscious
of the nature of the act; sodomy where a person submits under
the belief that the person committing the act is the person's
AB 61
Page 2
spouse; sodomy where the act is accomplished against the
victims will by threats of retaliation in the future.
4)Lewd or lascivious acts upon a child under the age of 14.
5)Oral copulation with a person under 14 years of age and more
than 10 years younger than the perpetrator; oral copulation
where the act is accomplished against the victims will by
threats of retaliation in the future; oral copulation where a
person is incapable, because of a mental disorder or physical
disability, of giving consent; oral copulation where a person
is prevented from resisting by the administration of an
intoxicating substance; oral copulation where a person is
unconscious of the nature of the act; oral copulation where a
person submits under the belief that the person committing the
act is the person's spouse.
6)Sexual penetration where the act is accomplished against the
victim's will by threats of retaliation in the future sexual
penetration where a person is incapable, because of a mental
disorder or physical disability, of giving consent; sexual
penetration where a person is prevented from resisting by the
administration of an intoxicating substance; sexual
penetration where a person is unconscious of the nature of the
act; sexual penetration where a person submits under the
belief that the person committing the act is the person's
spouse.
EXISTING LAW :
1)Creates a system for DEJ in juvenile court cases, as
specified, which requires the minor to admit each allegation
contained in a petition with the understanding that, "upon the
successful completion of the terms of probation, as defined in
WIC Section 794, the positive recommendation of the probation
department, and the motion of the prosecuting attorney, but no
sooner that 12 months and no later than 36 months from the
date of the minor's referral to the program, the court shall
dismiss the charge or charges against the minor."
2)Provides, with respect to minors who have received DEJ, that
if "it appears to the prosecuting attorney, the court, or the
probation department that the minor is not performing
satisfactorily in the assigned program or is not complying
AB 61
Page 3
with the terms of the minor's probation, or that the minor is
not benefiting from education, treatment, or rehabilitation,
the court shall lift the DEJ and schedule a dispositional
hearing. If after accepting DEJ and during the period in
which DEJ was granted, the minor is convicted of, or declared
to be a person described in Section 602 for the commission of,
any felony offense or of any two misdemeanor offenses
committed on separate occasions, the judge shall enter
judgment and schedule a dispositional hearing."
3)Provides that DEJ provisions apply only if a minor is before
the court because of the commission of a felony offense and
all of the following circumstances apply:
a) The minor has not previously been declared to be a ward
of the court for the commission of a felony offense;
b) The offense charged is not one of the offenses
enumerated in WIC Section 707(b);
c) The minor has not previously been committed to the
custody of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities (DJF);
d) The minor's record does not indicate that probation has
ever been revoked without being completed;
e) The minor is at least 14 years of age at the time of the
hearing; and,
f) The minor is eligible for probation pursuant to pursuant
to provisions of law that prohibit the granting of
probation to any person personally uses a firearm in the
commission of specified violent felonies.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, potential General Fund costs in excess of $200,000
for additional state commitments to the Division of Juvenile
Facilities (DJF) to the extent wards who might otherwise have
received DEJ are sent to DJF.
Annual nonreimbursable costs for additional county commitments
to the extent wards who might otherwise have received DEJ are
placed on probation.
AB 61
Page 4
COMMENTS : According to the author, "AB 61 will prohibit
authorities from granting DEJ to juveniles who have committed
any sex offenses. Deferred judgment can be used to 'launder'
egregious sex crimes from a juvenile's record. This measure
will stop the practice of sending juveniles straight to a parole
officer if they have committed these heinous acts. It is
inexcusable for any sex crimes to be 'swept under the rug'
without repercussions."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0001118