AB 29 — Prisoners: credits reducing period of confinement: rape of an unconscious person.
Last action — From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S.
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2015-2016 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 proscribes the crime of rape, including the rape of an unconscious person and the rape of the unconscious spouse of the perpetrator. The punishment for the crime of rape is generally imprisonment in the state prison for 3, 6, or 8 years, except as specified. Existing law provides that it is the intent of the Legislature that persons sentenced to prison for a determinate sentence serve the entire sentence imposed by the court, except for a reduction in the time served in the custody of the Secretary of the Department of Corrections and Rehabilitation, as specified. Existing law generally authorizes a prisoner to earn one day of credit for each day in custody, up to a maximum of 6 months for every 6 months served, except as otherwise provided. Under existing law, for each 4-day period in which a prisoner is confined in or committed to a county jail, industrial farm, or road camp, up to 2 days may be deducted from his or her period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned or the prisoner has not satisfactorily complied with the reasonable rules and regulations. This bill would make a person who has been convicted of raping an unconscious person, or of raping his or her unconscious spouse, ineligible to receive a reduction in the time served or a deduction from his or her period of confinement pursuant to those provisions. This bill would declare that it is to take effect immediately as an urgency statute.
Bill Text
- Amended 08/04/16 - Amended Senate Current pdf August 04, 2016
- Amended 05/23/16 - Amended Senate pdf May 23, 2016
- Amended 04/06/15 - Amended Assembly pdf April 06, 2015
- Introduced 12/01/14 - Introduced pdf December 01, 2014
- AB29 View text html
Action History
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S.
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Re-referred to Com. on HUMAN S.
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Re-referred to Com. on RLS.
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Withdrawn from committee.
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
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Referred to Com. on JUD.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 853.)
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Read second time. Ordered to third reading.
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Read second time and amended. Ordered returned to second reading.
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From committee: Amend, and do pass as amended. (Ayes 10. Noes 0.) (March 24).
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Referred to Com. on JUD.
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From printer. May be heard in committee January 1.
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Read first time. To print.
Sponsors
- Campos · Primary
- Kim · Cosponsor
- Melendez · Cosponsor
- Olsen · Cosponsor
- Waldron · Cosponsor
- Jeff Gonzalez · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 5 co-sponsors · 116 not signed on
Sponsors (1)
- Campos
Co-sponsors (5)
- Kim
- Melendez
- Olsen
- Waldron
- Gonzalez, Jeff Republican
Not signed on (116)
116 members have not signed on to this bill.
Show all 116 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 69 | 0 | 0 | 1 |
| Democratic | 3 | 0 | 0 | 1 |
| Republican | 6 | 0 | 0 | 0 |
| Total | 78 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Yea |
| Alejo | — | Yea |
| Baker | — | Yea |
| Bloom | — | Yea |
| Brough | — | Yea |
| Brown | — | Yea |
| Kim | — | Yea |
| Maienschein | — | Yea |
| Mathis | — | Yea |
| O'Donnell | — | Not Voting |
| Rendon | — | Yea |
| Santiago | — | Yea |
| Ting | — | Yea |
| Waldron | — | Yea |
| Daly | — | Yea |
| Frazier | — | Yea |
| Cooper | — | Yea |
| Gonzalez | — | Yea |
| Salas | — | Yea |
| Linder | — | Yea |
| Mayes | — | Yea |
| Olsen | — | Yea |
| Weber | — | Yea |
| Eggman | — | Yea |
| Burke | — | Yea |
| Gatto | — | Yea |
| Gomez | — | Yea |
| Gordon | — | Yea |
| Harper | — | Yea |
| Holden | — | Yea |
| Campos | — | Yea |
| Jones-Sawyer | — | Yea |
| Levine | — | Yea |
| Gray | — | Yea |
| Low | — | Yea |
| Atkins | — | Yea |
| Chang | — | Yea |
| Bonilla | — | Yea |
| McCarty | — | Yea |
| Lopez | — | Yea |
| Medina | — | Yea |
| Chau | — | Yea |
| Bigelow | — | Yea |
| Chiu | — | Yea |
| Chu | — | Yea |
| Chávez | — | Yea |
| Cooley | — | Yea |
| Dababneh | — | Yea |
| Dodd | — | Yea |
| Melendez | — | Yea |
| Mullin | — | Yea |
| Nazarian | — | Yea |
| Obernolte | — | Yea |
| Perea | — | Yea |
| Quirk | — | Yea |
| Ridley-Thomas | — | Yea |
| Rodriguez | — | Yea |
| Steinorth | — | Yea |
| Thurmond | — | Yea |
| Wagner | — | Yea |
| Wilk | — | Yea |
| Williams | — | Yea |
| Wood | — | Yea |
| Hadley | — | Yea |
| Beth Gaines | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Mark Stone | — | Yea |
| Roger Hernández | — | Yea |
| Travis Allen | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Not Voting |
| Gipson, Mike A. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Patterson, Joe | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Wagner | — | Yea |
| Chau | — | Yea |
| Chiu | — | Yea |
| O'Donnell | — | Yea |
| Holden | — | Yea |
| Maienschein | — | Yea |
| Alejo | — | Yea |
| Cristina Garcia | — | Yea |
| Mark Stone | — | Yea |
| Gallagher, James | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 29 do?
- Existing law proscribes the crime of rape, including the rape of an unconscious person and the rape of the unconscious spouse of the perpetrator. The punishment for the crime of rape is generally imprisonment in the state prison for 3, 6, or 8 years, except as specified. Existing law provides that it is the intent of the Legislature that persons sentenced to prison for a determinate sentence serve the entire sentence imposed by the court, except for a reduction in the time served in the custody of the Secretary of the Department of Corrections and Rehabilitation, as specified. Existing law generally authorizes a prisoner to earn one day of credit for each day in custody, up to a maximum of 6 months for every 6 months served, except as otherwise provided. Under existing law, for each 4-day period in which a prisoner is confined in or committed to a county jail, industrial farm, or road camp, up to 2 days may be deducted from his or her period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned or the prisoner has not satisfactorily complied with the reasonable rules and regulations. This bill would make a person who has been convicted of raping an unconscious person, or of raping his or her unconscious spouse, ineligible to receive a reduction in the time served or a deduction from his or her period of confinement pursuant to those provisions. This bill would declare that it is to take effect immediately as an urgency statute.
- Who sponsors AB 29?
- AB 29 is sponsored by Campos, Kim, Melendez, Olsen, Waldron, and Gonzalez, Jeff (Republican).
- What is the current status of AB 29?
- This bill died with 2015-2016 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 29?
- Track AB 29 free on One Click Politics — get push/email alerts when it moves.
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