AB 1171 Summary

• Repeals spousal rape exception by amending Penal Code Section 261 to make sexual intercourse with a spouse punishable as rape under the same circumstances as non-spousal rape, except sexual intercourse with an incapacitated spouse remains excluded.

• Removes spousal rape exemption from employer notification requirements, requiring employers to notify parents/guardians of minors about prospective employees with any felony sex offense conviction, not just certain convictions.

• Makes conforming amendments across multiple code sections including Evidence Code, Family Code, Government Code, and Penal Code to eliminate references to former Section 262 (spousal rape statute) and update sexual assault definitions.

• Incorporates conditional operative provisions coordinating with Assembly Bill 939 (Evidence Code), Senate Bill 320 and Assembly Bill 1579 (Family Code), and Senate Bill 299 (Government Code) to prevent duplicate amendments.

• Imposes state-mandated local program costs by changing the definition of crimes, but exempts reimbursement under California Constitution Article XIII B Section 6.