California 2011-2012 Regular Session Status: Passed Assembly

AB 765 — Crimes: rape.

Last action — In committee: Set, first hearing. Testimony taken. Further hearing to be set.

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

This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides various circumstances that constitute rape including an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator where the person submits under the belief that the person committing the act is the victim's spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused, with the intent to induce the belief. This bill would additionally provide that this type of rape occurs where the person submits under the belief that the person committing the act is the victim's cohabitant, as provided. By expanding the definition of a crime, this bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. In committee: Set, first hearing. Testimony taken. Further hearing to be set.

  2. Referred to Com. on PUB. S.

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

  4. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1277.)

  5. Read third time and amended. Ordered to third reading. (Page 1235.)

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 15. Noes 0.) (April 13).

  8. From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 7. Noes 0.) (April 5). Re-referred to Com. on APPR.

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

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

  11. Referred to Com. on PUB. S.

  12. From printer. May be heard in committee March 20.

  13. Read first time. To print.

Sponsors

  • Achadjian · Primary
  • Portantino · Cosponsor
  • Harman · Cosponsor
  • Jeffries · Cosponsor
  • Williams · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 4 co-sponsors · 117 not signed on

Sponsors (1)

  • Achadjian

Co-sponsors (4)

  • Portantino
  • Harman
  • Jeffries
  • Williams

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"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 765 ACHADJIAN Assembly Third Reading

Passed 75 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 70004
Democratic 3000
Republican 2000
Total 75004
% of votes cast 95%0%0%5%
How each member voted (79)
Member Party Vote
Gordon — Yea
Hagman — Yea
Carter — Yea
Feuer — Yea
Cedillo — Yea
Cook — Yea
Alejo — Yea
Olsen — Yea
Yamada — Yea
Fuentes — Yea
Furutani — Yea
Butler — Not Voting
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Not Voting
Fletcher — Yea
Gatto — Yea
Gorell — Not Voting
Campos — Yea
Bonilla — Yea
Atkins — Yea
Halderman — Yea
Hall — Yea
Hayashi — Yea
Hill — Yea
Beall — Yea
Chesbro — Yea
Conway — Yea
Davis — Yea
Dickinson — Yea
Donnelly — Yea
Hueso — Yea
Huffman — Yea
Knight — Yea
Lara — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Not Voting
Swanson — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Achadjian — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Monning — Yea
Norby — Yea
Silva — Yea
Solorio — Yea
Valadao — Yea
Williams — Yea
Eng — Yea
Galgiani — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 15 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 14002
Democratic 1000
Total 15002
% of votes cast 88%0%0%12%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Hall — Yea
Mitchell — Yea
Harkey — Yea
Hill — Yea
Blumenfield — Yea
Campos — Yea
Davis — Yea
Donnelly — Yea
Lara — Yea
Nielsen — Yea
Norby — Not Voting
Bradford — Yea
Solorio — Yea
Wagner — Not Voting
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 765 do?
Existing law provides various circumstances that constitute rape including an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator where the person submits under the belief that the person committing the act is the victim's spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused, with the intent to induce the belief. This bill would additionally provide that this type of rape occurs where the person submits under the belief that the person committing the act is the victim's cohabitant, as provided. By expanding the definition of a crime, this bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.
Who sponsors AB 765?
AB 765 is sponsored by Achadjian, Portantino, Harman, Jeffries, and Williams.
What is the current status of AB 765?
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 765?
Track AB 765 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 765

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 765

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →