Sexual offenses against minors: persons in a position of authority.
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AB 2199 — Sexual offenses against minors: persons in a position of authority.
Last action — In committee: Held under submission.
No card. One bill, free forever — alerts when it moves.
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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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
(1) Existing law provides various circumstances that constitute rape, which are punishable by imprisonment in the state prison for 3, 6, or 8 years, except as specified. Existing law also prescribes circumstances that constitute unlawful sexual intercourse, some of which involve an adult perpetrator who engages in that unlawful intercourse with a minor, as specified. Unlawful sexual intercourse under those circumstances is punishable by imprisonment for 2, 3, or 4 years, and also may be subject to designated civil penalties or fines. Under existing law, any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, punishable by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to a specified provision of law for 2, 3, or 4 years. This bill would subject any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age and is convicted of a felony to a sentence enhancement of 2 years, if the perpetrator holds a position of authority over the minor with whom he or she engaged in the act of unlawful sexual intercourse. By changing the penalty for the commission of unlawful sexual intercourse under the above circumstances, the bill would impose a state-mandated local program. (2) Existing law makes it a crime for a person to engage in specified acts of a sexual nature with a minor, including lewd and lascivious conduct when the victim is a child of 14 or 15 years of age and the person is at least 10 years older, and sodomy, oral copulation, or sexual penetration of a minor under 16 years of age when the person is 21 years of age or older. This bill would impose an additional term of 2 years when a person who is convicted of a felony violation of the above crimes is a person who holds a position of authority, as defined, over the minor victim. By increasing the penalty for a crime, the bill would impose 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 no reimbursement is required by this act for a specified reason.
Bill Text
- Amended 08/01/16 - Amended Senate Current pdf August 01, 2016
- Amended 06/28/16 - Amended Senate pdf June 28, 2016
- Amended 04/25/16 - Amended Assembly pdf April 25, 2016
- Amended 04/07/16 - Amended Assembly pdf April 07, 2016
- Amended 03/30/16 - Amended Assembly pdf March 30, 2016
- Introduced 02/18/16 - Introduced pdf February 18, 2016
- AB2199 View text html
Action History
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In committee: Held under submission.
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In committee: Referred to APPR. suspense file.
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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 APPR.
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Read second time and amended. Re-referred to Com. on APPR.
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From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 21).
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Referred to Com. on PUB. S.
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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 77. Noes 3. Page 5119.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 19. Noes 1.) (May 27).
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In committee: Set, first hearing. Referred to APPR. suspense file.
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Re-referred to Com. on APPR.
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Read second time and amended.
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From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 19).
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In committee: Hearing postponed by committee.
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Re-referred to Com. on PUB. S.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
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In committee: Set, second hearing. Hearing canceled at the request of author.
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Re-referred to Com. on PUB. S.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Referred to Com. on PUB. S.
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From printer. May be heard in committee March 20.
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Read first time. To print.
Sponsors
- Campos · Primary
- Tom Lackey · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 120 not signed on · 1 voted No
Sponsors (1)
- Campos
Co-sponsors (1)
- Lackey, Tom Republican
Not signed on (120)
120 members have not signed on to this bill.
Show all 120 →"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 | 6 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Beall | — | Yea |
| Hill | — | Yea |
| Mendoza | — | Yea |
| Nielsen | — | Yea |
| Lara | — | Yea |
| Bates | — | Yea |
| McGuire, Mike | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Yea |
| Glazer | — | Yea |
| Hancock | — | Yea |
| Leno | — | Yea |
| Liu | — | Yea |
| Monning | — | Yea |
| Mark Stone | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 67 | 3 | 0 | 0 |
| Democratic | 5 | 0 | 0 | 0 |
| Republican | 5 | 0 | 0 | 0 |
| Total | 77 | 3 | 0 | 0 |
| % of votes cast | 96% | 4% | 0% | 0% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Yea |
| Bloom | — | Yea |
| Brough | — | Yea |
| Brown | — | Yea |
| Harper | — | Yea |
| Holden | — | Yea |
| Jones-Sawyer | — | Nay |
| Maienschein | — | Yea |
| Mathis | — | Yea |
| Mayes | — | Yea |
| Melendez | — | Yea |
| Obernolte | — | Yea |
| Rendon | — | Yea |
| Santiago | — | Yea |
| Steinorth | — | Yea |
| Waldron | — | Yea |
| Williams | — | Yea |
| Wood | — | Yea |
| Eggman | — | Yea |
| Cooper | — | Yea |
| Daly | — | Yea |
| Frazier | — | Yea |
| Gatto | — | Yea |
| Gomez | — | Yea |
| Burke | — | Yea |
| Salas | — | Yea |
| Gordon | — | Yea |
| Chang | — | Yea |
| Kim | — | Yea |
| Levine | — | Yea |
| Linder | — | Yea |
| Low | — | Yea |
| McCarty | — | Yea |
| Medina | — | Yea |
| Nazarian | — | Yea |
| Gray | — | Yea |
| O'Donnell | — | Yea |
| Olsen | — | Yea |
| Atkins | — | Yea |
| Chau | — | Yea |
| Alejo | — | Yea |
| Baker | — | Yea |
| Bigelow | — | Yea |
| Chiu | — | Yea |
| Chu | — | Yea |
| Chávez | — | Yea |
| Cooley | — | Yea |
| Dababneh | — | Yea |
| Dodd | — | Yea |
| Ridley-Thomas | — | Yea |
| Rodriguez | — | Yea |
| Thurmond | — | Yea |
| Wagner | — | Yea |
| Weber | — | Yea |
| Wilk | — | Yea |
| Bonilla | — | Yea |
| Lopez | — | Yea |
| Campos | — | Yea |
| Hadley | — | Yea |
| Mullin | — | Yea |
| Quirk | — | Nay |
| Ting | — | Yea |
| Beth Gaines | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Yea |
| Lorena Gonzalez | — | Yea |
| Mark Stone | — | Nay |
| Roger Hernández | — | Yea |
| Travis Allen | — | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 1 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 19 | 1 | 0 | 0 |
| % of votes cast | 95% | 5% | 0% | 0% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Bloom | — | Yea |
| Holden | — | Yea |
| Quirk | — | Nay |
| Wagner | — | Yea |
| Eggman | — | Yea |
| Bonilla | — | Yea |
| Bigelow | — | Yea |
| Chang | — | Yea |
| Daly | — | Yea |
| Obernolte | — | Yea |
| Santiago | — | Yea |
| Weber | — | Yea |
| Wood | — | Yea |
| Eduardo Garcia | — | Yea |
| Lorena Gonzalez | — | Yea |
| Roger Hernández | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Gallagher, James | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 2 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Jones-Sawyer | — | Nay |
| Low | — | Yea |
| Quirk | — | Nay |
| Lopez | — | Yea |
| Melendez | — | Yea |
| Santiago | — | Yea |
| Lackey, Tom | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 2199 do?
- (1) Existing law provides various circumstances that constitute rape, which are punishable by imprisonment in the state prison for 3, 6, or 8 years, except as specified. Existing law also prescribes circumstances that constitute unlawful sexual intercourse, some of which involve an adult perpetrator who engages in that unlawful intercourse with a minor, as specified. Unlawful sexual intercourse under those circumstances is punishable by imprisonment for 2, 3, or 4 years, and also may be subject to designated civil penalties or fines. Under existing law, any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, punishable by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to a specified provision of law for 2, 3, or 4 years. This bill would subject any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age and is convicted of a felony to a sentence enhancement of 2 years, if the perpetrator holds a position of authority over the minor with whom he or she engaged in the act of unlawful sexual intercourse. By changing the penalty for the commission of unlawful sexual intercourse under the above circumstances, the bill would impose a state-mandated local program. (2) Existing law makes it a crime for a person to engage in specified acts of a sexual nature with a minor, including lewd and lascivious conduct when the victim is a child of 14 or 15 years of age and the person is at least 10 years older, and sodomy, oral copulation, or sexual penetration of a minor under 16 years of age when the person is 21 years of age or older. This bill would impose an additional term of 2 years when a person who is convicted of a felony violation of the above crimes is a person who holds a position of authority, as defined, over the minor victim. By increasing the penalty for a crime, the bill would impose 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 no reimbursement is required by this act for a specified reason.
- Who sponsors AB 2199?
- AB 2199 is sponsored by Campos and Lackey, Tom (Republican).
- What is the current status of AB 2199?
- 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 2199?
- Track AB 2199 free on One Click Politics — get push/email alerts when it moves.
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