California 2009-2010 Regular Session Status: Enacted 3 D cosponsors

AB 1844 — Sex offenders: punishment: parole.

Last action — Chaptered by Secretary of State - Chapter 219, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 12, 2010. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 68 sponsors

    1 primary, 67 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

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 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 219, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 12 p.m.

  4. Urgency clause adopted. Senate amendments concurred in. To enrollment. (Ayes 74. Noes 0. Page 6826.)

  5. Assembly Rule 77 suspended. (Page 6644.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  7. Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 36. Noes 0. Page 4832.)

  8. Read second time. To third reading.

  9. Read third time, amended. To second reading.

  10. Read second time and amended. Ordered to third reading.

  11. From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (August 12).

  12. In committee: Placed on APPR suspense file.

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  14. In committee: Hearing postponed by committee.

  15. Read second time and amended. Re-referred to Com. on APPR.

  16. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 29).

  17. Referred to Com. on PUB. S.

  18. In Senate. Read first time. To Com. on RLS. for assignment.

  19. Read third time, passed, and to Senate. (Ayes 71. Noes 0. Page 5562.)

  20. Assembly Rule 69(d) suspended. (Page 5549.)

  21. Read third time, amended, and returned to third reading. (Page 5447.).

  22. Read second time. To third reading.

  23. From committee: Do pass. (Ayes 13. Noes 0.) (May 28).

  24. In committee: Set, first hearing. Referred to APPR. suspense file.

  25. Re-referred to Com. on APPR.

  26. Read second time and amended.

  27. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (April 20).

  28. Re-referred to Com. on PUB. S.

  29. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  30. In committee: Set, second hearing. Hearing canceled at the request of author.

  31. In committee: Set, first hearing. Hearing canceled at the request of author.

  32. Referred to Com. on PUB. S.

  33. From printer. May be heard in committee March 18.

  34. Read first time. To print.

Sponsors

  • Lisa Calderon · Cosponsor
  • Joaquin Arambula · Cosponsor
  • Adams · Cosponsor
  • Alquist · Cosponsor
  • Anderson · Cosponsor
  • Block · Cosponsor
  • Blakeslee · Cosponsor
  • Bradford · Cosponsor
  • Buchanan · Cosponsor
  • Chesbro · Cosponsor
  • Fletcher · Primary
  • Salas · Cosponsor
  • Caballero · Cosponsor
  • De Leon · Cosponsor
  • Portantino · Cosponsor
  • Audra Strickland · Cosponsor
  • Runner · Cosponsor
  • Cogdill · Cosponsor
  • Cook · Cosponsor
  • Conway · Cosponsor
  • Correa · Cosponsor
  • Coto · Cosponsor
  • Cox · Cosponsor
  • Davis · Cosponsor
  • DeVore · Cosponsor
  • Denham · Cosponsor
  • Dutton · Cosponsor
  • Emmerson · Cosponsor
  • Fuller · Cosponsor
  • Galgiani · Cosponsor
  • Gilmore · Cosponsor
  • Hagman · Cosponsor
  • Garrick · Cosponsor
  • Hall · Cosponsor
  • Harkey · Cosponsor
  • Harman · Cosponsor
  • Hill · Cosponsor
  • Hollingsworth · Cosponsor
  • Huber · Cosponsor
  • Huffman · Cosponsor
  • Huff · Cosponsor
  • Jeffries · Cosponsor
  • Knight · Cosponsor
  • Lieu · Cosponsor
  • Logue · Cosponsor
  • Ma · Cosponsor
  • Maldonado · Cosponsor
  • Mendoza · Cosponsor
  • Miller · Cosponsor
  • Nava · Cosponsor
  • Nestande · Cosponsor
  • Nielsen · Cosponsor
  • Norby · Cosponsor
  • Niello · Cosponsor
  • Silva · Cosponsor
  • Smyth · Cosponsor
  • Solorio · Cosponsor
  • Swanson · Cosponsor
  • Torlakson · Cosponsor
  • Torres · Cosponsor
  • Tran · Cosponsor
  • Torrico · Cosponsor
  • Villines · Cosponsor
  • Wyland · Cosponsor
  • Mike Fong · Cosponsor
  • Beth Gaines · Cosponsor
  • Bill Berryhill · Cosponsor
  • Bill Berryhill · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 67 co-sponsors · 54 not signed on

Sponsors (1)

  • Fletcher

Co-sponsors (67)

  • Calderon, Lisa Democratic
  • Arambula, Joaquin Democratic
  • Adams
  • Alquist
  • Anderson
  • Block
  • Blakeslee
  • Bradford
  • Buchanan
  • Chesbro
  • Salas
  • Caballero
  • De Leon
  • Portantino
  • Audra Strickland
  • Runner
  • Cogdill
  • Cook
  • Conway
  • Correa
  • Coto
  • Cox
  • Davis
  • DeVore
  • Denham
  • Dutton
  • Emmerson
  • Fuller
  • Galgiani
  • Gilmore
  • Hagman
  • Garrick
  • Hall
  • Harkey
  • Harman
  • Hill
  • Hollingsworth
  • Huber
  • Huffman
  • Huff
  • Jeffries
  • Knight
  • Lieu
  • Logue
  • Ma
  • Maldonado
  • Mendoza
  • Miller
  • Nava
  • Nestande
  • Nielsen
  • Norby
  • Niello
  • Silva
  • Smyth
  • Solorio
  • Swanson
  • Torlakson
  • Torres
  • Tran
  • Torrico
  • Villines
  • Wyland
  • Fong, Mike Democratic
  • Beth Gaines
  • Bill Berryhill
  • Bill Berryhill

Not signed on (54)

54 members have not signed on to this bill.

Show all 54 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1844 FLETCHER Concurrence- Urgency Added

Passed 86 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 80004
Republican 3000
Total 86004
% of votes cast 96%0%0%4%
How each member voted (90)
Member Party Vote
Bill — Yea
Tom — Yea
Ammiano — Yea
Anderson — Yea
Bass — Yea
Beall — Yea
Block — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Charles — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Saldana — Not Voting
Adams — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Monning — Not Voting
Nava — Yea
Nielsen — Yea
Silva — Yea
Skinner — Not Voting
Swanson — Yea
Torrico — Yea
Evans — Not Voting
DeVore — Yea
Yamada — Yea
Fuller — Yea
Garrick — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB1844 Fletcher Urgency Clause

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 1000
Democratic 2000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Florez — Yea
Hancock — Yea
DeSaulnier — Yea
Ducheny — Yea
Dutton — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Walters — Yea
Wiggins — Not Voting
Wright — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Yea
Blakeslee — Yea
Correa — Yea
Aanestad — Yea
Alquist — Yea
Ashburn — Yea
Harman — Not Voting
Hollingsworth — Yea
Oropeza — Not Voting
Price — Yea
Steinberg — Yea
Wolk — Yea
Emmerson — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Yee — Yea
Alquist — Yea
Ashburn — Yea
Price — Yea
Kehoe — Yea
Leno — Yea
Walters — Yea
Wolk — Yea
Wyland — Yea
Corbett — Yea
Emmerson — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Yea
Kehoe — Yea
Ashburn — Yea
Price — Yea
Walters — Not Voting
Wolk — Yea
Alquist — Yea
Leno — Yea
Corbett — Yea
Emmerson — Yea

Official roll call →

AB 1844 FLETCHER Assembly Third Reading

Passed 81 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 76009
Democratic 3000
Republican 2001
Total 810010
% of votes cast 89%0%0%11%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
John — Yea
A. — Yea
Perez — Yea
Tom — Not Voting
Saldana — Not Voting
Audra — Not Voting
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Not Voting
Nava — Yea
Norby — Yea
Silva — Yea
Skinner — Not Voting
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Bill — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Charles — Yea
Gilmore — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Anderson — Yea
Beall — Yea
Blakeslee — Yea
Davis — Yea
DeVore — Yea
Adams — Yea
Ammiano — Not Voting
Bass — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Jeffries — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Ruskin — Yea
Smyth — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Eng — Yea
Evans — Not Voting
Yamada — Not Voting
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Not Voting

Official roll call →

Do pass.

Passed 14 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 13004
Democratic 1000
Total 14004
% of votes cast 78%0%0%22%
How each member voted (18)
Member Party Vote
Fuentes — Not Voting
Harkey — Yea
Charles — Yea
Conway — Yea
Miller — Yea
Monning — Not Voting
Nielsen — Yea
Ammiano — Not Voting
Ruskin — Yea
Skinner — Not Voting
Torlakson — Yea
Torrico — Yea
Bradford — Yea
Norby — Yea
Solorio — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 1844 do?
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.
Who sponsors AB 1844?
AB 1844 is sponsored by Calderon, Lisa (Democratic), Arambula, Joaquin (Democratic), Adams, Alquist, Anderson, Block, Blakeslee, Bradford, Buchanan, Chesbro, Fletcher, Salas, Caballero, De Leon, Portantino, Audra Strickland, Runner, Cogdill, Cook, Conway, Correa, Coto, Cox, Davis, DeVore, Denham, Dutton, Emmerson, Fuller, Galgiani, Gilmore, Hagman, Garrick, Hall, Harkey, Harman, Hill, Hollingsworth, Huber, Huffman, Huff, Jeffries, Knight, Lieu, Logue, Ma, Maldonado, Mendoza, Miller, Nava, Nestande, Nielsen, Norby, Niello, Silva, Smyth, Solorio, Swanson, Torlakson, Torres, Tran, Torrico, Villines, Wyland, Fong, Mike (Democratic), Beth Gaines, and Bill Berryhill.
What is the current status of AB 1844?
This bill has been enacted into law. Introduced February 12, 2010. Enacted.
Where can I track AB 1844?
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