Sex offenses: second degree rape.
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SB 991 — Sex offenses: second degree rape.
Last action — From committee without further action.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2013-2014 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
(1) Under existing law, rape is an act of sexual intercourse accomplished under specified circumstances, including, among others, where the act was accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person of another. Under existing law, rape is a felony. Under existing law, sodomy is sexual conduct consisting of contact between the penis of one person and the anus of another. Under existing law, oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another person. Under existing law, an act of sodomy, oral copulation, or sexual penetration accomplished against a victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person is a felony. Existing law defines consent for purposes of the above crimes to mean positive cooperation in act or attitude pursuant to an exercise of free will. This bill would define an act of sexual intercourse, sodomy, oral copulation, or sexual penetration which is accomplished without the affirmative and freely given consent of the victim as rape in the 2nd degree. The bill would make rape in the 2nd degree a felony punishable by imprisonment in the state prison for 2, 3, or 4 years for the first offense, and by imprisonment in the state prison for 3, 6, or 8 years for a 2nd or subsequent violation. The bill could make the defendant ineligible for probation for a 2nd or subsequent violation, and if probation is granted for a first offense, the bill would allow the conditions of probation to include a requirement to make payments to a rape victim counseling center or to reimburse the victim for the reasonable costs of counseling, as provided. The bill would define consent for these purposes, and for purposes of the above existing crimes, to mean positive cooperation in act or attitude pursuant to an exercise of free will, which is affirmatively and freely given. By creating a new crime, this bill would impose a state-mandated local program. (2) Existing law requires persons convicted of specified sex offenses, or attempts to commit those offenses, to register with local law enforcement agencies while residing in the state or while attending school or working in the state. This bill would require a person convicted of rape in the 2nd degree to register with local law enforcement agencies as a sex offender. By imposing additional duties on local authorities, and by creating a new crime by requiring additional persons to be registered as sex offenders, this bill would create a state-mandated local program. (3) 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.
Bill Text
What changed in the latest version
1 added · 1 removed1 line(s) added, 1 removed.
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- Introduced 02/12/14 - Introduced Current pdf February 12, 2014
- SB991 View text html
Action History
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From committee without further action.
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Set, first hearing. Hearing canceled at the request of author.
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Set for hearing April 22.
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Hearing postponed by committee.
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Set for hearing April 1.
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Referred to Com. on PUB. S.
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From printer. May be acted upon on or after March 15.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Jackson · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Jackson
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"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.
Subjects
Frequently asked questions
- What does SB 991 do?
- (1) Under existing law, rape is an act of sexual intercourse accomplished under specified circumstances, including, among others, where the act was accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person of another. Under existing law, rape is a felony. Under existing law, sodomy is sexual conduct consisting of contact between the penis of one person and the anus of another. Under existing law, oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another person. Under existing law, an act of sodomy, oral copulation, or sexual penetration accomplished against a victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person is a felony. Existing law defines consent for purposes of the above crimes to mean positive cooperation in act or attitude pursuant to an exercise of free will. This bill would define an act of sexual intercourse, sodomy, oral copulation, or sexual penetration which is accomplished without the affirmative and freely given consent of the victim as rape in the 2nd degree. The bill would make rape in the 2nd degree a felony punishable by imprisonment in the state prison for 2, 3, or 4 years for the first offense, and by imprisonment in the state prison for 3, 6, or 8 years for a 2nd or subsequent violation. The bill could make the defendant ineligible for probation for a 2nd or subsequent violation, and if probation is granted for a first offense, the bill would allow the conditions of probation to include a requirement to make payments to a rape victim counseling center or to reimburse the victim for the reasonable costs of counseling, as provided. The bill would define consent for these purposes, and for purposes of the above existing crimes, to mean positive cooperation in act or attitude pursuant to an exercise of free will, which is affirmatively and freely given. By creating a new crime, this bill would impose a state-mandated local program. (2) Existing law requires persons convicted of specified sex offenses, or attempts to commit those offenses, to register with local law enforcement agencies while residing in the state or while attending school or working in the state. This bill would require a person convicted of rape in the 2nd degree to register with local law enforcement agencies as a sex offender. By imposing additional duties on local authorities, and by creating a new crime by requiring additional persons to be registered as sex offenders, this bill would create a state-mandated local program. (3) 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.
- Who sponsors SB 991?
- SB 991 is sponsored by Jackson.
- What is the current status of SB 991?
- This bill died with 2013-2014 Regular Session. It reached “In Committee” 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 SB 991?
- Track SB 991 free on One Click Politics — get push/email alerts when it moves.
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