California 2017-2018 Regular Session

California Assembly Bill AB516

Introduced
2/13/17  
Introduced
2/13/17  
Refer
2/27/17  
Report Pass
3/21/17  
Report Pass
3/21/17  
Refer
3/21/17  
Refer
3/21/17  
Refer
4/26/17  
Refer
4/26/17  
Failed
2/1/18  

Caption

Sex offenses: disabled victims.

Impact

If enacted, this bill will apply stiffer sentences for those convicted of committing sexual offenses against a vulnerable population. Specifically, individuals found guilty of such crimes may face imprisonment from 15 years to life depending on the circumstances surrounding the offense. The bill retains a longstanding constitutional provision which requires no reimbursement to local agencies for any costs arising from the enactment of this legislation, reflecting a focus on utilizing existing resources efficiently.

Summary

Assembly Bill 516, introduced by Assembly Member Maienschein, aims to amend the California Penal Code to enhance penalties for sexual offenses particularly aimed at individuals incapable of giving legal consent due to mental or physical disabilities. Specifically, the bill targets crimes such as rape, sexual penetration, sodomy, and oral copulation when the victim is defined as developmentally disabled. Under existing law, these offenses already have severe penalties. AB 516 seeks to expand the definitions and consequences for offenders by including these circumstances in applicable existing statutes and enhancing the punishment framework.

Contention

Notable points of contention may arise from increased discussions on the implications of expanding legal definitions related to consent and potential challenges around enforcement. The bill's supporters argue for the necessity of additional protection for disabled individuals, fearing they are at higher risk for sexual offenses due to their vulnerabilities. Conversely, critics might express concerns regarding the legislative clarity on consent and whether the enhancements adequately address educational and preventive measures needed in addition to punitive actions.

Companion Bills

No companion bills found.

Previously Filed As

CA SB14

Serious felonies: human trafficking.

CA AB3032

Crimes: child neglect: serious felony.

CA SB1310

Serious felonies.

CA SB268

Crimes: serious and violent felonies.

CA AB3231

Violent felonies: hate crimes.

CA AB32

Violent felonies: hate crimes.

CA AB229

Violent felonies.

CA AB2470

Violent felonies: domestic violence.

CA AB1898

Crimes: child pornography: early release credits.

CA AB328

Sentencing: dismissal of enhancements.

Similar Bills

CA AB1509

Enhancements: firearms.

CA AB991

Sentencing: dismissal of enhancements.

CA AB3037

Sentencing: dismissal of enhancements.

CA AB1171

Rape of a spouse.

CA SB530

Rape of a spouse.

CA AB328

Sentencing: dismissal of enhancements.

CA AB1599

Proposition 47: repeal.

CA AB812

Rape of a spouse.