SB 530 Summary

• Expands the definition of rape under Penal Code Section 261 to include spousal rape by removing the "not the spouse of the perpetrator" requirement, effectively eliminating the separate crime of spousal rape (former Section 262).

• Requires all persons convicted of rape, including rape of a spouse, to register as sex offenders under all circumstances defining rape, whereas previously spousal rape registration was only required if force or violence was used and the person was sentenced to state prison.

• Prohibits plea bargaining for rape of an unconscious person who is the perpetrator's spouse, making this exception applicable to spousal rape cases just as it applies to non-spousal rape.

• Makes numerous conforming changes throughout the Penal Code, Evidence Code, Family Code, Civil Code, Government Code, Vehicle Code, Public Resources Code, and Welfare and Institutions Code to remove references to Section 262 (spousal rape) and update related provisions.

• Provides that no state reimbursement is required for costs related to creating new crimes or changing criminal penalties, though reimbursement may be required for other state-mandated local program costs if determined by the Commission on State Mandates.