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CA AB1335

Bill

Status

Engrossed

1/27/2014

Primary Sponsor

Brian Maienschein

Click for details

Origin

State Assembly

2013-2014 Session

AI Summary

  • Adds four new sex offense crimes (rape, sexual penetration, sodomy, and oral copulation) against developmentally disabled victims to California's 25-years-to-life and 15-years-to-life sentencing enhancements under Penal Code Section 667.61.

  • Extends 25-years-to-life sentencing enhancement to these same four sex offenses against developmentally disabled victims when committed against minors 14 years of age or older under specified circumstances.

  • Adds the four sex offenses against developmentally disabled victims to Penal Code Section 667.9, making them eligible for one-year sentence enhancements (or two-year enhancements with prior convictions) when the victim's developmental disability is known or reasonably should be known to the offender.

  • Defines "developmentally disabled" as a severe, chronic disability attributable to mental or physical impairment that is likely to continue indefinitely and results in substantial functional limitations in at least three areas of life activity including self-care, language, learning, mobility, self-direction, independent living, or economic self-sufficiency.

  • Requires that the developmental disability of the victim be alleged in the accusatory pleading and either admitted by the defendant in open court or found true by the trier of fact for the enhancements to apply.

Legislative Description

Sex offenses: disabled victims.

Last Action

In committee: Held under submission.

8/14/2014

Committee Referrals

Appropriations5/19/2014
Public Safety2/6/2014
Rules1/27/2014
Appropriations1/14/2014
Public Safety1/6/2014
Health3/21/2013

Full Bill Text

No bill text available