AB 1844 - An Act to Amend Sections 220, 236.1, 264, 264.1, 286, 288, 288a, 289, 290.04, 290.05, 290.06, 290.46, 666, 667.61, 1203.067, 2962, 3000, 3000.1, 3008, and 13887 Of, and to Add Sections 290.09, 3053.8, and 9003 To, the Penal Code, and to Amend Section 18846.3 of the Revenue and Taxation Code, Relating to Sex Crimes, and Declaring the Urgency Thereof, to Take Effect Immediately.

An Act to Amend Sections 220, 236.1, 264, 264.1, 286, 288, 288a, 289, 290.04, 290.05, 290.06, 290.46, 666, 667.61, 1203.067, 2962, 3000, 3000.1, 3008, and 13887 Of, and to Add Sections 290.09, 3053.8, and 9003 To, the Penal Code, and to Amend Section 18846.3 of the Revenue and Taxation Code, Relating to Sex Crimes, and Declaring the Urgency Thereof, to Take Effect Immediately.

AB 1844 — 2009-2010 Legislature

Keywords

Chelsea King Law; minors; children; rape, assault, human trafficking

Summary

Under existing law, an assault with the intent to commit mayhem, rape, sodomy, oral copulation, or with the intent to commit, by force, rape, spousal rape, or sexual penetration in concert with another, is punishable by imprisonment in the state prison for 2, 4, or 6 years, except as specified.

This bill would provide that an assault of a person under 18 years of age with the intent to commit rape, sodomy, oral copulation, or with the intent to commit, by force, rape, spousal rape, or sexual penetration in concert with another, would be punishable by imprisonment in state prison for 5, 7, or 9 years.

Under existing law, any person who deprives or violates the personal liberty of another with the intent to effect or maintain a felony violation of specified sex crimes, extortion, or to obtain forced labor or services, is guilty of human trafficking. Existing law provides that a violation of this provision where the victim of the trafficking was under 18 years of age at the time of the commission of the offense is punishable by imprisonment in the state prison for 4, 6, or 8 years.

This bill would provide that any person who commits human trafficking… More

Under existing law, an assault with the intent to commit mayhem, rape, sodomy, oral copulation, or with the intent to commit, by force, rape, spousal rape, or sexual penetration in concert with another, is punishable by imprisonment in the state prison for 2, 4, or 6 years, except as specified.

This bill would provide that an assault of a person under 18 years of age with the intent to commit rape, sodomy, oral copulation, or with the intent to commit, by force, rape, spousal rape, or sexual penetration in concert with another, would be punishable by imprisonment in state prison for 5, 7, or 9 years.

Under existing law, any person who deprives or violates the personal liberty of another with the intent to effect or maintain a felony violation of specified sex crimes, extortion, or to obtain forced labor or services, is guilty of human trafficking. Existing law provides that a violation of this provision where the victim of the trafficking was under 18 years of age at the time of the commission of the offense is punishable by imprisonment in the state prison for 4, 6, or 8 years.

This bill would provide that any person who commits human trafficking involving a commercial sex act where the victim of the human trafficking was under 18 years of age at the time of the commission of the offense shall be punished in addition by a fine of not more than $100,000, to be used as specified.

Under existing law, rape, sodomy accomplished against the victim’s will, oral copulation accomplished against the victim’s will, and sexual penetration accomplished against the victim’s will is punishable by imprisonment in state prison for 3, 6, or 8 years. Rape, sodomy, and oral copulation committed in concert with another is punishable by imprisonment in the state prison for 5, 7, or 9 years.

This bill would provide that the punishment for these specified crimes upon a child who is under 14 years of age is punishable by imprisonment in state prison for 9, 11, or 13 years, and if committed upon a minor who is 14 years of age or older is punishable by imprisonment in state prison for 7, 9, or 11 years. This bill would provide that if these crimes are committed in concert with another person upon a child who is under 14 years of age they are punishable in state prison for 10, 12, or 14 years and if committed in concert upon a minor who is 14 years of age or older by imprisonment for 7, 9, or 11 years. By increasing the punishment for crimes, this bill would impose a state-mandated local program.

Under existing law, a person who commits an act of rape, rape or sexual penetration in concert, sodomy, oral copulation, or sexual penetration, when the act is committed upon a child who is under 14 years of age and 7 or more years younger than the person, is guilty of aggravated sexual assault of a child. Aggravated sexual assault of a child under these circumstances is punishable by imprisonment in state prison for 15 years to life.

This bill would provide that it does not preclude prosecution under this existing law.

Under existing law, a person who commits any lewd or lascivious act upon a child who is under 14 years of age by use of force or fear is guilty of a felony punishable by imprisonment in state prison for 3, 6, or 8 years.

This bill would increase the punishment for this crime to imprisonment in the state prison for 5, 8, or 10 years. By increasing the punishment for a crime, this bill would impose a state-mandated local program.

Under existing law, a person who commits any lewd or lascivious act upon a dependent person, as defined, by use of force or fear is guilty of a felony punishable by imprisonment in state prison for 3, 6, or 8 years.

This bill would increase the punishment for this crime to imprisonment in the state prison for 5, 8, or 10 years. By increasing the punishment for a crime, this bill would impose a state-mandated local program.

Existing law, as amended by Proposition 83 of the November 7, 2006, statewide general election, requires a person convicted of certain felonies under specified circumstances to be committed to prison for a term of years to life.

This bill would provide that these felonies committed under the above-specified circumstances upon a victim who is a child under 14 years of age shall be punished by imprisonment in state prison for life without the possibility of parole if the offender is 18 years of age or older or 25 years to life if the offender is under 18 years of age. This bill would add as a circumstance the infliction of bodily harm, as defined, on a victim who is a child under 14 years of age to the list of specified circumstances that would result in this imprisonment.

This bill would provide that when rape, spousal rape, rape in concert, or sexual penetration, sodomy, or oral copulation committed against the victim’s will are committed under 2 of a specified list of circumstances, upon a minor 14 years of age or older, the punishment shall be imprisonment in state prison for life without the possibility of parole if the offender is 18 years of age or older or 25 years to life if the offender is under 18 years of age, or for 25 years to life if committed under one of the specified circumstances.

Under existing law, a person convicted of certain felony sex offenses shall be committed to prison for a term of 15 years to life if during the commission of the felony the defendant inflicted great bodily injury on the victim.

This bill would provide that any person who is convicted of certain sex offenses under specified circumstances, upon a victim who is a child under 14 years of age, shall be punished by imprisonment in the state prison for 25 years to life. The bill would provide a life term of imprisonment for any person convicted of a lewd or lascivious act where he or she inflicted bodily harm.

Existing law makes it unlawful for a person who is required to register as a sex offender to reside within 2,000 feet of a public or private school, or park where children regularly gather. Existing law also provides that any person required to register as a sex offender who comes into any school building or upon any school ground without lawful business and written permission is guilty of a misdemeanor.

This bill would make it a misdemeanor for a person who is on parole for specified sex offenses to enter any park where children regularly gather without express permission from the person’s parole agent.

Under existing law, a prisoner is generally released on parole for a period not exceeding 3 years, except that inmates sentenced for certain enumerated violent felonies are released on parole for a period not exceeding 5 years. Under existing law, the period of parole for an inmate who has received a life sentence for certain specified sex offenses is for a period not exceeding 10 years.

This bill would require lifetime parole for habitual sex offenders, persons convicted of kidnapping a child under 14 years of age with the intent to commit a specified sexual offense, and persons convicted of other specified sex crimes, including, among others, aggravated sexual assault of a child. The bill would, unless a longer period of parole applies, impose a 10-year parole period on inmates sentenced for kidnapping with the intent to commit specified sex offenses, specified lewd or lascivious acts, and other specified sexual offenses. The bill would impose a 20-year parole period on inmates convicted and required to register as sex offenders for rape, sodomy, lewd or lascivious acts, continuous sexual abuse of a child, and other specified sex crimes, in which one or more of the victims of the offense was a child under 14 years of age, as specified.

Existing law provides that petty theft is a misdemeanor, except that every person who, having been convicted of petty theft, grand theft, auto theft, burglary, carjacking, robbery, or receiving stolen property and having served time in a penal institution therefor, is subsequently convicted of petty theft, is punishable by imprisonment in a county jail not exceeding one year, or in the state prison.

This bill would require that most persons be convicted 3 or more times of a qualifying offense to be subject to imprisonment in the state prison for petty theft. Persons required to register as sex offenders, or with a prior serious or violent felony conviction, who have been convicted and imprisoned for the commission of specified crimes, including, among others, petty theft, auto theft, burglary, carjacking, or robbery, would remain subject to imprisonment in the state prison with one prior qualifying offense.

Existing law provides that the sex offender risk assessment tool for use with selected populations shall be known as the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO). Existing law provides that the SARATSO for adult males required to register as sex offenders shall be the STATIC-99 risk assessment scale. Existing law requires the SARATSO Review Committee to determine whether the STATIC-99 should be supplemented with an actuarial instrument that measures dynamic risk factors or whether it should be replaced with a different risk assessment tool.

This bill would provide that the STATIC-99 shall be the SARATSO static tool for adult males. The bill would require the SARATSO Review Committee, on or before January 1, 2012, to select an actuarial instrument that measures dynamic risk factors and an actuarial instrument that measures risk of future sexual violence to be administered as specified. The bill would provide that persons who administer the dynamic SARATSO and the future violence SARATSO shall be trained, as specified. The bill would make other conforming changes.

Existing law provides that with respect to a person who has been convicted of specified sex crimes, the Department of Justice shall make available to the public via the department’s Internet Web site certain identifying and criminal history information.

This bill would require the department to also make available the person’s static SARATSO score and information on an elevated risk level based on the SARATSO future violence tool.

Existing law requires that persons convicted of certain sex crimes be evaluated by the county probation department and requires that if a defendant is granted probation, the court shall order the defendant to be placed in an appropriate treatment program designed to deal with child molestation or sexual offenders, if an appropriate program is available in the county.

This bill would remove the requirement that the defendant be placed in an appropriate treatment program but would instead impose specified conditions, including participation in an approved sex offender management program, on persons released on formal supervised probation for an offense requiring registration as a sex offender, as specified. By imposing additional requirements on county probation departments, this bill would impose a state-mandated local program. The bill would similarly require participation in an approved sex offender management program, as a condition of parole, for persons released on parole for an offense that requires registration as a sex offender, as specified.

Existing law requires that, as a condition of parole, prisoners who meet specified criteria be treated by the State Department of Mental Health. Existing law requires that prior to release on parole, these prisoners be evaluated, as specified. Existing law provides that only if both independent professionals who evaluate the prisoner, as required, concur with the chief psychiatrist’s certification shall treatment by the department be required.

This bill would instead make these provisions applicable to the prisoner if at least one of the independent professionals concurs with the chief psychiatrist’s certification.

Under the Personal Income Tax Law, individual taxpayers are allowed to contribute amounts in excess of their tax liability for the support of specified funds or accounts, including, among others, the California Sexual Violence Victim Services Fund. Existing law provides for the appearance of this fund on the tax return form until January 1, 2011, unless a later enacted statute deletes or extends that date.

This bill would delete the January 1, 2011, repeal date.

This bill would incorporate additional changes to Section 290.06 of the Penal Code proposed by SB 1201 contingent on the prior enactment of that bill.

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

This bill would declare that it is to take effect immediately as an urgency statute. Hide

Learn More

At LegInfo.ca.gov

Title

An Act to Amend Sections 220, 236.1, 264, 264.1, 286, 288, 288a, 289, 290.04, 290.05, 290.06, 290.46, 666, 667.61, 1203.067, 2962, 3000, 3000.1, 3008, and 13887 Of, and to Add Sections 290.09, 3053.8, and 9003 To, the Penal Code, and to Amend Section 18846.3 of the Revenue and Taxation Code, Relating to Sex Crimes, and Declaring the Urgency Thereof, to Take Effect Immediately.

Author(s)

Nathan Fletcher

Co-Authors

• Anthony Adams
• Juan Arambula
• Bill Berryhill
• Tom Berryhill
• Sam Blakeslee
• Steven Bradford
• Joan Buchanan
• Anna Caballero
• Charles Calderon
• Wesley Chesbro
• Connie Conway
• Paul Cook
• Joe Coto
• Mike Davis
• Kevin De Leon
• Chuck DeVore
• Bill Emmerson
• Paul Fong
• Jean Fuller
• Ted Gaines
• Cathleen Galgiani
• Curt Hagman
• Isadore Hall
• Diane Harkey
• Jerry Hill
• Alyson Huber
• Jared Huffman
• Kevin Jeffries
• Steve Knight
• Ted Lieu
• Dan Logue
• Fiona Ma
• Tony Mendoza
• Jeff Miller
• Pedro Nava
• Brian Nestande
• Roger Niello
• Chris Norby
• Anthony Portantino
• Jim Silva
• Cameron Smyth
• Jose Solorio
• Audra Strickland
• Sandre Swanson
• Tom Torlakson
• Norma Torres
• Alberto Torrico
• Van Tran
• Mike Villines
• Dave Cogdill
• Lou Correa
• Dave Cox
• Jeff Denham
• Bob Dutton
• Tom Harman
• Bob Huff
• Abel Maldonado
• George Runner
• Joel Anderson
• Marty Block
• Martin Garrick
• Danny Gilmore
• Jim Nielsen
• Mary Salas
• Elaine Alquist
• Dennis Hollingsworth
• Mark Wyland

Subjects

• Sex offenders: punishment: parole

Major Actions

Introduced	2/12/2010
Referred to Committee
Passed Assembly Committee on Public Safety	4/20/2010
Passed Assembly Committee on Appropriations	5/28/2010
Passed Assembly	6/03/2010
Passed Senate Committee on Public Safety	6/29/2010
Passed Senate Committee on Appropriations	8/09/2010
Passed Senate Committee on Appropriations	8/12/2010
Passed Senate	8/24/2010
Passed Assembly	8/30/2010
Presented to the governor (enrolled)	9/07/2010
Became law (chaptered).	9/09/2010

Bill History

• All Votes
• All Actions

	Chamber/Committee	Motion	Date	Result
select this vote	Assembly Committee on Public Safety	Do pass as amended and be re-referred to the Committee on Appropriations.	4/20/2010	This motion PASSED the Assembly Committee on Public Safety 5 voted YES 0 voted NO 2 voted present/not voting
select this vote	Assembly Committee on Appropriations	Do pass.	5/28/2010	This motion PASSED the Assembly Committee on Appropriations 13 voted YES 0 voted NO 4 voted present/not voting
select this vote	Assembly	AB 1844 FLETCHER Assembly Third Reading	6/03/2010	This bill PASSED the Assembly 71 voted YES 0 voted NO 8 voted present/not voting
select this vote	Senate Committee on Public Safety	Do pass as amended, and re-refer to the Committee on Appropriations.	6/29/2010	This motion PASSED the Senate Committee on Public Safety 7 voted YES 0 voted NO 0 voted present/not voting
select this vote	Senate Committee on Appropriations	Placed on Appropriations Suspense file.	8/09/2010	This motion PASSED the Senate Committee on Appropriations 10 voted YES 0 voted NO 1 voted present/not voting
currently selected	Senate Committee on Appropriations	Do pass as amended.	8/12/2010	This motion PASSED the Senate Committee on Appropriations 11 voted YES 0 voted NO 0 voted present/not voting
select this vote	Senate	Assembly 3rd Reading AB1844 Fletcher Urgency Clause	8/24/2010	This bill PASSED the Senate 36 voted YES 0 voted NO 3 voted present/not voting
select this vote	Assembly	AB 1844 FLETCHER Concurrence- Urgency Added	8/30/2010	This bill PASSED the Assembly 74 voted YES 0 voted NO 4 voted present/not voting

	Action	Date	Description
	Introduced	2/12/2010
		2/12/2010	Read first time. To print.
		2/16/2010	From printer. May be heard in committee March 18.
		2/25/2010	Referred to Com. on PUB. S.
		3/23/2010	In committee: Set, first hearing. Hearing canceled at the request of author.
		4/06/2010	In committee: Set, second hearing. Hearing canceled at the request of author.
		4/13/2010	From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
		4/14/2010	Re-referred to Com. on PUB. S.
select this vote	Vote	4/20/2010	Do pass as amended and be re-referred to the Committee on Appropriations.
		4/27/2010	From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (April 20).
		4/28/2010	Read second time and amended.
		4/29/2010	Re-referred to Com. on APPR.
		5/19/2010	In committee: Set, first hearing. Referred to APPR. suspense file.
select this vote	Vote	5/28/2010	Do pass.
		5/28/2010	From committee: Do pass. (Ayes 13. Noes 0.) (May 28). Read second time. To third reading.
		6/02/2010	Read third time, amended, and returned to third reading. (Page 5447.).
		6/03/2010	Assembly Rule 69(d) suspended. (Page 5549.) Read third time, passed, and to Senate. (Ayes 71. Noes 0. Page 5562.)
select this vote	Assembly Vote on Passage	6/03/2010	AB 1844 FLETCHER Assembly Third Reading
		6/07/2010	In Senate. Read first time. To Com. on RLS. for assignment.
		6/10/2010	Referred to Com. on PUB. S.
select this vote	Vote	6/29/2010	Do pass as amended, and re-refer to the Committee on Appropriations.
		7/15/2010	From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 29). Read second time and amended. Re-referred to Com. on APPR.
		8/02/2010	In committee: Hearing postponed by committee. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
		8/09/2010	In committee: Placed on APPR suspense file.
select this vote	Vote	8/09/2010	Placed on Appropriations Suspense file.
currently selected	Vote	8/12/2010	Do pass as amended.
		8/16/2010	From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (August 12).
		8/17/2010	Read second time and amended. Ordered to third reading.
		8/20/2010	Read third time, amended. To second reading.
		8/23/2010	Read second time. To third reading.
		8/24/2010	Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 36. Noes 0. Page 4832.)
		8/24/2010	In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.
select this vote	Senate Vote on Passage	8/24/2010	Assembly 3rd Reading AB1844 Fletcher Urgency Clause
		8/25/2010	Assembly Rule 77 suspended. (Page 6644.)
		8/30/2010	Urgency clause adopted. Senate amendments concurred in. To enrollment. (Ayes 74. Noes 0. Page 6826.)
select this vote	Assembly Vote on Passage	8/30/2010	AB 1844 FLETCHER Concurrence- Urgency Added
		9/07/2010	Enrolled and to the Governor at 12 p.m.
		9/09/2010	Approved by the Governor.
		9/09/2010	Chaptered by Secretary of State - Chapter 219, Statutes of 2010.