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CA AB1821

Bill

Status

Failed

11/30/2016

Primary Sponsor

Brian Maienschein

Click for details

Origin

State Assembly

2015-2016 Session

AI Summary

  • Adds four new crimes to Penal Code Section 667.61: rape, sexual penetration, sodomy, and oral copulation against developmentally disabled victims, making them subject to 25 years to life or 15 years to life imprisonment depending on circumstances.

  • Applies the same enhancements to these crimes when committed against developmentally disabled victims aged 14 or older under Penal Code Section 667.61(n), with penalties of life without parole or 25 years to life.

  • Adds rape, sexual penetration, sodomy, and oral copulation against developmentally disabled victims to the list of crimes receiving one-year sentence enhancements under Penal Code Section 667.9, or two-year enhancements for prior convictions.

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

  • Specifies that the developmentally disabled status must be alleged in the accusatory pleading and either admitted by the defendant or found true by the trier of fact for enhancements to apply.

Legislative Description

Sex offenses: disabled victims.

Last Action

From committee without further action.

11/30/2016

Committee Referrals

Appropriations3/15/2016
Public Safety2/25/2016

Full Bill Text

No bill text available