BILL ANALYSIS �
AB 65
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 65 (Achadjian and Lowenthal)
As Amended June 25, 2013
2/3 vote. Urgency
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|ASSEMBLY: |76-0 |(April 18, |SENATE: |38-0 |(August 15, |
| | |2013) | | |2013) |
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Original Committee Reference: PUB. S.
SUMMARY : Provides that rape or sodomy, occurs where the victim
submits to the sexual act under the belief that the perpetrator
is someone known to the victim other than the accused, and not
just the spouse of the victim.
The Senate amendments :
1)Clarify that the defendant must be impersonating someone known
to the victim.
2)Make technical, non-substantive changes.
3)Delete the provisions pertaining to oral copulation and sexual
penetration.
EXISTING LAW :
1)Provides that rape by fraud is committed when a person submits
to sexual intercourse under the belief that the person
committing the act is the victim's spouse, and this belief is
induced by any artifice, pretense, or concealment practiced by
the accused, with intent to induce the belief.
2)Provides that a person who commits an act of sodomy, where the
victim submits under the belief that the person committing the
act is the victim's spouse, and this belief is induced by any
artifice, pretense, or concealment practiced by the accused,
with intent to induce the belief, shall be punished by
imprisonment in the state prison for three, six, or eight
years.
AS PASSED BY THE ASSEMBLY , this bill provided that rape, or
felonious oral copulation, sodomy, or sexual penetration, occurs
AB 65
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where the victim submits to the sexual act under the belief that
the perpetrator is someone other than the accused, and not just
the spouse of the victim. Specifically, this bill :
1)Expanded the crime of rape to include the situation where the
perpetrator fraudulently induces the victim to believe that he
or she is another person.
2)Expanded the crime of sodomy to include the situation where
the perpetrator fraudulently induces the victim to believe
that he or she was another person.
3)Expanded the crime of oral copulation to include the situation
where the perpetrator fraudulently induces the victim to
believe that he or she was another person.
4)Expanded the crime of sexual penetration by a foreign object
to include the situation where the perpetrator fraudulently
induces the victim to believe that he or she was another
person.
5)Contained an urgency clause.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)Potential minor near-term increase in state incarceration
costs, likely less than $25,000 (General Fund) annually, for
increased state prison commitments to the extent expanding the
definition of specified crimes results in additional felony
convictions. Out-year costs could potentially be greater due
to the cumulative cost effect of overlapping base sentence
terms, parole, and/or sentence enhancements applicable to the
specified crimes.
2)Potential future cost pressure of $60,000 (General Fund) per
prison commitment per year to the extent the long-term impact
of pending legislation considered in aggregate affects the
state prison population to a degree that undermines the
state's ability to reduce or sustain prison overcrowding below
the federal court-imposed population limit.
3)Likely minor impact to state trial court workload incurred by
the Judicial Branch to the extent the provisions of this bill
result in additional felony court filings and related court
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time.
4)Minor, absorbable workload impact to the Department of Justice
associated with increased sex offender registration.
5)Minor non-reimbursable local law enforcement costs, offset to
a degree by minor fine revenue.
COMMENTS : According to the author, "Assembly Bill 65 would
protect all victims of rape by making it clear that a
perpetrator who impersonates anyone other than the accused is
guilty of felony rape. This will close an archaic loophole in
current law that says a person is committing felony rape only if
they are impersonating a victim's spouse. This updated language
will better reflect the modern society we live in and protect
all forms of relationship that exist, rather than prescribing
each classification of relationship, with the possibility of
overlooking one. This definition will give the district
attorneys the tools they need to prosecute against all cases of
rape."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0001408