BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 59
Author: Evans (D), et al.
Amended: 7/3/13
Vote: 27 - Urgency
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 2/26/13
AYES: Hancock, Anderson, Block, Knight, Liu, Steinberg
NO VOTE RECORDED: De Le�n
SENATE APPROPRIATIONS COMMITTEE : 7-0, 4/08/13
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SENATE FLOOR : 38-0, 4/22/13
AYES: Anderson, Beall, Berryhill, Block, Calderon, Cannella,
Corbett, Correa, De Le�n, DeSaulnier, Emmerson, Evans, Fuller,
Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff,
Jackson, Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen,
Padilla, Pavley, Price, Roth, Steinberg, Walters, Wolk,
Wright, Wyland, Yee
NO VOTE RECORDED: Vacancy, Vacancy
ASSEMBLY FLOOR : 78-0, 8/22/13 (Consent) - See last page for
vote
SUBJECT : Crimes: sex crimes
SOURCE : Author
DIGEST : This bill expands the definition of oral copulation
and sexual penetration sex crimes committed by fraud or
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impersonation to include the occurrence where an individual
submits under the belief that a person committing the act is
someone known to the victim other than the accused, and this
belief is induced by artifice, pretense, or concealment by the
perpetrator, with the intent to induce the victim's belief.
Assembly Amendments limit this bill to oral copulation and
sexual penetration, as it pertains to sex crimes by removing
"victim's spouse" from current statue and replacing it with
"someone known to the victim other than the accused," leaving
rape and sodomy to AB 65 (Achadjian). The authors introduced
similar bills and this amendment divides the subject matter.
ANALYSIS :
Existing law:
1.Provides that any person who commits an act of sexual
penetration when the victim submits under the belief that the
person committing the act or causing the act to be committed
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 a period of three, six,
or eight years.
2.Provides that any person who commits an act of oral
copulation, 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 a
period of three, six, or eight years.
This bill expands the definition of oral copulation and sexual
penetration sex crimes committed by fraud or impersonation to
include the occurrence where an individual submits under the
belief that a person committing the act is someone known to the
victim other than the accused, and this belief is induced by
artifice, pretense, or concealment by the perpetrator, with the
intent to induce the victim's belief.
Background
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This bill was prompted by the well-publicized reversal of the
rape conviction of Julio Morales. (People v. Morales (2013) 212
Cal.App.4th 583.) Morales was charged with and convicted of
rape of an unconscious person. The prosecution's theory of the
case was that Morales had intercourse with the victim while she
was asleep. (The victim is called "Jane Doe" in the opinion.)
The 2nd District Court of Appeal reversed Morales' conviction
because the jury could have convicted him on the invalid theory
that he had induced the victim to believe that he was her
boyfriend.
The appellate court found that there was ample evidence to
convict Morales of rape under the prosecution's theory that
Morales had intercourse with the victim while she was asleep.
The court ordered that Morales be retried on this basis. The
jury instructions allowed the jury to convict Morales of rape on
the invalid basis that Morales was able to engage in intercourse
with the victim because he induced her to believe that he was
her boyfriend. The invalid theory arose because Morales claimed
that the victim was awake when they began having intercourse and
that she likely believed he was her boyfriend. The prosecutor
then argued to the jurors that even if they believed Morales, he
was still guilty of rape by fraud. However, under existing
California law, it is not rape for a person to induce a woman to
have sexual intercourse with him by posing as her boyfriend.
Under such circumstances, the perpetrator is guilty of rape only
where he induces or leads the victim to believe that he is her
spouse. (People v. Morales, supra, 212 Cal.App.4th 583,
586-587, 589-597.)
Prior Legislation
AB 765 (Achadjian, 2011) would have expanded the definition of
"rape by fraud" to include submission of the victim to sexual
intercourse under the belief that the perpetrator was a
cohabitant. AB 765 was held in the Senate Public Safety
Committee.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Potential minor near-term increase in state incarceration
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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.
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.
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
time.
Minor, absorbable workload impact to the DOJ associated with
increased sex offender registration.
Minor non-reimbursable local law enforcement costs, offset to
a degree by minor fine revenue.
SUPPORT : (Verified 8/22/13)
Attorney General Kamala Harris
AFSCME
California Coalition Against Sexual Assault
California District Attorney's Office
California Legislative Women's Caucus
California Partnership to End Violence
California Police Chiefs Association
California State Sheriffs' Association
California Women Lawyers
Chief Probation Officers of California
City Council and Commission on the Status of Women of the City
of Glendale
City of Berkeley
City of West Hollywood
Crime Victims United of California
Humboldt County District Attorney
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Junior Leagues of California
Marin County District Attorney
Napa County District Attorney
Napa Emergency Women's Services
National Association of Social Workers
Peace Officers Research Association of California
Peace Over Violence
Planned Parenthood
San Bernardino County Sheriff
Sonoma County Commission on the Status of Women
ARGUMENTS IN SUPPORT : According to the author, this bill,
"updates the arcane language contained in various sections of
the California Penal Codes by substituting and defining the new
term of 'someone known to the victim other that the accused' in
place of the term 'spouse.' Doing so would expand the
definition to include single individuals, domestic partners and
individuals currently excluded by the narrow use of the term
'spouse.' This bill creates equity within the law."
ASSEMBLY FLOOR : 78-0, 08/22/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Holden,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mitchell, Morrell,
Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson,
Perea, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon, Salas,
Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski,
Wilk, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Vacancy, Vacancy
JG:nl 8/23/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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