California 2017-2018 Regular Session Status: In Committee 1 D cosponsors

AB 1997 — Criminal law: rape.

Last action — Referred to Com. on PUB. S.

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

This bill died with 2017-2018 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law establishes the offenses of rape and spousal rape, defined as an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator or who is the spouse of the perpetrator, respectively, under certain circumstances, including where the act is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. This bill would establish, in prosecutions under specified sex offenses, including rape and spousal rape, in which consent is at issue, that if a person freely agrees to have sexual intercourse or sexual contact with another person on the condition that a sexually protective device, as defined, is used and that other person intentionally removes or damages the sexually protective device without permission before or during sexual intercourse or sexual contact, there has been no valid consent. By broadening the scope of a crime, this bill would create 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

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1 line(s) added, 1 removed.

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Action History

  1. Referred to Com. on PUB. S.

  2. From printer. May be heard in committee March 4.

  3. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 1997 do?
Existing law establishes the offenses of rape and spousal rape, defined as an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator or who is the spouse of the perpetrator, respectively, under certain circumstances, including where the act is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. This bill would establish, in prosecutions under specified sex offenses, including rape and spousal rape, in which consent is at issue, that if a person freely agrees to have sexual intercourse or sexual contact with another person on the condition that a sexually protective device, as defined, is used and that other person intentionally removes or damages the sexually protective device without permission before or during sexual intercourse or sexual contact, there has been no valid consent. By broadening the scope of a crime, this bill would create 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 1997?
AB 1997 is sponsored by Garcia, Robert (Democratic).
What is the current status of AB 1997?
This bill died with 2017-2018 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 AB 1997?
Track AB 1997 free on One Click Politics — get push/email alerts when it moves.

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