BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
SB 922 (Knight) - Sex offenses: disabled victims.
Amended: May 7, 2014 Policy Vote: Public Safety 7-0
Urgency: No Mandate: Yes
Hearing Date: May 19, 2014 Consultant: Jolie Onodera
This bill meets the criteria for referral to the Suspense File.
Bill Summary: SB 922 would increase the penalties for specified
sex crimes committed against a person's will by means of force
or fear, against a person with a mental disorder or physical or
developmental disability, and this is known or reasonably should
be known to the person committing the act, as specified.
Fiscal Impact: Potentially significant ongoing out-year costs
(General Fund) for longer prison sentences.
While CDCR indicates over 375 commitments to state prison in
2013 under the specified sex crimes, it is unknown what portion
of the total would be impacted by the provisions of this bill.
To the extent even one or two cases per year serve the 9, 11, or
13-year sentencing triad in lieu of the standard 3, 6, or 8-year
sentencing triad, would increase future costs after five years
in excess of $150,000 to $300,000 annually.
Background: Existing law provides that a person who commits
rape, or an act of sodomy, oral copulation, or sexual
penetration, against a person incapable, because of a mental
disorder or developmental or physical disability, of giving
legal consent, if that fact is known or reasonably should be
known by the person committing the act, is subject to punishment
in state prison for three, six, or eight years.
Under existing law, a person who commits rape, or an act of
sodomy, oral copulation, or sexual penetration against a child
who is under 14 years of age by means of force, violence,
duress, or fear of immediate and unlawful bodily injury is
subject to a prison term of 9, 11, or 13 years in the case of
rape or an act of sodomy, and 8, 10, or 12 years in the case of
oral copulation or sexual penetration. In the case of a minor
who is 14 years of age or older, these crimes are punishable by
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a state prison term of 7, 9, or 11 years in the case of rape or
an act of sodomy, and 6, 8, or 10 years in the case of oral
copulation or sexual penetration.
Existing law provides that where multiple perpetrators jointly
commit specified sex crimes by force or violence, the crimes are
separately defined as being committed "in concert" and are
punishable by state prison terms of five, seven, or nine years.
Sex crimes committed in concert against a child under the age of
14 years are punishable in state prison for 10, 12, or 14 years.
This bill seeks to increase the penalties for the specified sex
offenses against a person with a mental disorder or physical or
developmental disability to be equivalent to those penalties
imposed for the same offenses committed against children less
than 14 years of age.
Proposed Law: This bill increases the penalties for the
following sex crimes committed against a person's will by means
of force or violence against a person with a mental disorder or
physical or developmental disability, and this is known or
reasonably should be known to the person committing the act, as
follows:
For rape or an act of sodomy, a state prison term of 9,
11, or 13 years.
For an act of oral copulation or sexual penetration, a
state prison term of 8, 10, or 12 years.
For rape, an act of sodomy, oral copulation, or sexual
penetration committed in concert, a state prison term of
10, 12, or 14 years.
Related Legislation: AB 1335 (Maienschein) would provide that 1)
sex acts that are
felonious because one of the parties was incapable of consenting
due to a mental disorder, developmental disability or physical
disability are qualifying offenses under the One Strike law,
requiring longer prison sentences; and 2) a sex crime committed
because a developmentally disabled person is unable to consent
is subject to a vulnerable victim sentence enhancement of one
year upon a first conviction and two years for a second or
subsequent conviction. This bill is pending hearing in this
Committee.
Prior Legislation: SB 1844 (Fletcher) Chapter 219/2010 increased
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the punishment for rape, sodomy, oral copulation, or sexual
penetration upon a child who is under 14 years of age to
imprisonment in state prison for 9, 11, or 13 years, and if
committed upon a minor who is 14 years of age or older, to
imprisonment in state prison for 7, 9, or 11 years.
Staff Comments: By creating a sentencing triad for the specified
sex crimes committed against a person's will by means of force
or fear against a person with a mental disorder or physical or
developmental disability, and this is known or reasonably should
be known, to be equal to the sentencing triad for the same
crimes committed by means of force or fear against a child less
than 14 years of age, this bill could result in longer prison
sentences and significant out-year General Fund cost increases.
Costs would be dependent on the details of each case and the
prison term that otherwise would have been served in the absence
of this measure.
For example, while rape committed against a person's will by
means of force or violence against a person over 21 years of age
with a developmental disability would only be subject to the 3,
6, or 8-year sentencing triad under existing law (resulting in a
prison term of up to 5 years longer under the provisions of this
bill), if the rape were committed against a person's will by
means of force or violence against a minor over 14 years of age
with a developmental disability would be subject to the 7, 9, or
11-year sentencing triad (resulting in a prison term of up to 2
years longer). Alternatively, if rape were committed against a
minor under 14 years of age by means of force or violence
against a youth with a developmental disability, there would be
no difference in the sentencing triad under current law from
that proposed triad in this measure.
While CDCR indicates over 375 commitments to state prison in
2013 under the specified sex crimes, it is unknown what portion
of the total was committed against a person's will by means of
force or fear. To the extent one or two cases per year serve the
9, 11, or 13-year triad in lieu of the standard 3, 6, or 8-year
triad, would increase future costs after five years in excess of
$150,000 to $300,000 annually.
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