BILL ANALYSIS �
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THIRD READING
Bill No: SB 922
Author: Knight (R)
Amended: 5/7/14
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 4/29/14
AYES: Hancock, Anderson, Knight, Liu, Mitchell, Steinberg
NO VOTE RECORDED: De Le�n
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/14
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Sex offenses: disabled victims
SOURCE : Author
DIGEST : This bill increases 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.
ANALYSIS :
Existing law:
1.Provides that sexual intercourse constitutes a form of rape
"where the victim is incapable, because of a mental disorder,
developmental disability or physical disability, of giving
legal consent, and this is known or reasonably should be known
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to the" perpetrator.
2.Provides that rape is punishable by a term of three, six or
eight years in prison, unless the status of the victim, the
prior record of the defendant, or the circumstances of the
offense, subjects the defendant to a higher penalty.
3.Defines rape in concert as rape committed jointly committed by
two or more persons by force or violence. Rape in concert is
punishable by a prison term of five, seven or nine years.
A. Rape in concert of a child under the age of 14 is
punishable by a prison term of 10, 12 or 14 years.
B. Rape in concert of a child who is 14 years or older is
punishable by a term of 7, 9, or 11 years.
1.Provides that where specified sexual acts are accomplished
against the will of the victim, or under circumstances where
the victim is unable to or incapable of giving consent, the
sexual acts are crimes.
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:
1.For rape or an act of sodomy, a state prison term of 9, 11, or
13 years.
2.For an act of oral copulation or sexual penetration, a state
prison term of 8, 10, or 12 years.
3.For rape, an act of sodomy, oral copulation, or sexual
penetration committed in concert, a state prison term of 10,
12, or 14 years.
Prior Legislation
SB 1844 (Fletcher, Chapter 219, Statutes of 2010) increased 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
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committed upon a minor who is 14 years of age or older, to
imprisonment in state prison for 7, 9, or 11 years.
NOTE: See the Senate Public Safety Committee analysis for a
detailed background of the bill.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee, 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 will 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 three, six, or
eight-year sentencing triad, will increase future costs after
five years in excess of $150,000 to $300,000 annually.
SUPPORT : (Verified 5/23/14)
Association of Regional Center Agencies
California Police Chiefs Association
California Probation, Parole and Correctional Association
California State Sheriffs' Association
Crime Victims United of California
Developmental Disabilities Area Board 3
New Horizons
North Los Angeles County Regional Center
Special Needs Network
OPPOSITION : (Verified 5/23/14)
All of Us or None
California Attorneys for Criminal Justice
California Public Defenders Association
Legal Services for Prisoners with Children
Taxpayers for Improving Public Safety
ARGUMENTS IN SUPPORT : According to the author:
The developmentally disabled are particularly vulnerable to
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sexual victimization because they cannot defend themselves and
may be unable to report abuse to caregivers, much less testify
in a courtroom. According to the California District Attorneys
Association Journal, "crime against people with substantial
disabilities is similar to violence against women, elder abuse
and child abuse, but remains largely unaddressed. The level of
major crimes, including sex crimes, against disabled children
and adults is from four to ten times higher than against the
general public, and they are often sexually assaulted
repeatedly."
As individuals with disabilities grow older, the chance that
they will be victims of violent crime increases relative to the
general population. This is likely true because they remain
vulnerable through their lives while others become less
vulnerable as they grow in age and experience. Infants and
toddlers have similar degrees of vulnerability, regardless of
whether they are disabled or not. However, the gap grows wider
by adolescence and into adulthood. It is particularly
disturbing that crime rates against the developmentally disabled
are even higher at institutions where they are supposed to be
cared for and safe. A 1990 study concluded that the risk of
being sexually abused is two to four times higher in an
institutional setting than in the community. Criminals who take
advantage of the vulnerable and the unprotected are especially
culpable. The punishment for their crimes should reflect their
culpability.
ARGUMENTS IN OPPOSITION : All of Us or None writes, "Our
prisons and jails are overcrowded. This bill would impose
longer sentences on people, and longer sentences do not enhance
public safety. Rather than longer sentences, educational,
vocational and rehabilitative programs offered both inside
prison and upon re-entry will go a lot further towards reducing
recidivism than extra years of warehousing."
JG:e 5/23/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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