AB808:v98#DOCUMENTBill Start
Amended
IN
Assembly
March 30, 2023
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CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 808
Introduced by Assembly Member Mathis
(Coauthors: Assembly Members Alanis, Davies, Dixon, Essayli, Flora, and Hoover)
(Coauthors: Senators Dahle, Nguyen, Niello, and Ochoa Bogh)
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February 13, 2023 |
An act to amend Section 264 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 808, as amended, Mathis.
Crimes: rape.
Existing law prohibits an act of sexual intercourse accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. Existing law provides a greater punishment for this offense if the victim is a minor, as specified.
Existing law also prohibits an act of sexual intercourse with a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act.
This bill would also impose a greater punishment for this offense if the victim is a minor, as specified.
This bill would impose a greater punishment for prohibited acts of sexual intercourse, as defined, if the victim is a developmentally disabled minor, as specified and defined, and the person committing the prohibited acts knows or should have known that the person is developmentally disabled. The bill would specifically require a person who commits these offenses upon a person who is 10 years of age or younger to be prosecuted pursuant to another statute providing even greater punishment.
By increasing the punishment for crime, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no
reimbursement is required by this act for a specified reason.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
NOYES
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 264 of the Penal Code is amended to read:264.
(a) Except as provided in subdivision (c), (c) or (d), rape, as defined in Section 261 or former Section 262, is punishable by imprisonment in the state prison for three, six, or eight years.(b) In addition to any punishment imposed under this section the judge may assess a fine not to exceed seventy dollars ($70) against a person who violates Section 261 or former Section 262 with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendant’s
ability to pay, and no defendant shall be denied probation because of the defendant’s inability to pay the fine permitted under this subdivision.
(c) (1) A person who commits rape in violation of paragraph (1) or (2) of subdivision (a) of Section 261 upon a child who is under 14 years of age shall be punished by imprisonment in the state prison for 9, 11, or 13 years.
(2) A person who commits rape in violation of paragraph (1) or (2) of subdivision (a) of Section 261 upon a minor who is 14 years of age or older shall be punished by imprisonment in the state prison for 7, 9, or 11 years.
(3) This subdivision does not preclude prosecution under Section 269, Section 288.7, or any other law.
(d) (1) A person, who knows or reasonably should know that a person is developmentally disabled, and who commits rape, as defined in Section 261, upon a person who is developmentally disabled who is under 14 years of age, shall be punished by imprisonment in the state prison for 9, 11, or 13 years.
(2) A person, who knows or reasonably should know that a person is developmentally disabled, and who commits rape, as defined in Section 261, upon a person who is developmentally disabled who is 14
years of age or older, shall be punished by imprisonment in the state prison for 7, 9, or 11 years.
(3) This subdivision does not preclude prosecution under Section 269 or any other law.
(4) Notwithstanding paragraphs (1) and (3), a person, subject to prosecution pursuant to paragraph (1) because the developmentally disabled person is 10 years of age or younger, shall be prosecuted pursuant to Section 288.7.
(5) “Developmental disability” means a disability as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code and for which a regional center finds eligibility for services under the Lanterman Developmental Disabilities Services Act.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.