Bill Text: CA AB29 | 2015-2016 | Regular Session | Amended


Bill Title: Prisoners: credits reducing period of confinement: rape of an unconscious person.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB29 Detail]

Download: California-2015-AB29-Amended.html
BILL NUMBER: AB 29	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 4, 2016
	AMENDED IN SENATE  MAY 23, 2016
	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly Member Campos
    (   Coauthors:   Assembly Members 
 Gonzalez,   Kim,   Melendez,   Olsen,
  and Waldron   ) 

                        DECEMBER 1, 2014

   An act to add Section  1507.16 to the Health and Safety
Code, relating to care facilities.   2933.4 to the Penal
Code, relating to crimes, and declaring the urgency thereof, to take
effect immediately. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 29, as amended, Campos.  Care facilities: missing minor
residents.  Pris   oners: credits reducing
period of confinement: rape of an unconscious person.  
   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.  
   Existing law, the California Community Care Facilities Act,
provides for the licensing and regulation of community care
facilities by the State Department of Social Services. Existing law
requires every community care facility that provides adult
residential care or offers an adult day program to, for the purpose
of addressing issues that arise when an adult resident or an adult
day program participant is missing from the facility, develop and
comply with an absentee notification plan for each resident or
participant, and requires the plan to include a requirement that an
administrator of the facility, or his or her designee, inform the
resident's or participant's authorized representative when that
resident or participant is missing from the facility and the
circumstances in which an administrator of the facility, or his or
her designee, shall notify local law enforcement when a resident or
participant is missing from the facility. A violation of the
provisions relating to community care facilities is a misdemeanor.
 
   This bill would also require every community care facility that
provides residential care for minors to, for the purpose of
addressing issues that arise when a minor resident is missing from
the facility, develop and comply with an absentee notification plan
for each minor resident. The bill would require the plan to include a
requirement that an administrator of the facility, or his or her
designee, inform the minor's parent or guardian when that minor is
missing from the facility and include provision for notification of
local law enforcement. By expanding the scope of an existing crime,
the bill would impose 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. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 2933.4 is added to the 
 Penal Code   , to read:  
   2933.4.  (a) Notwithstanding Section 2933.1 or any other law, any
person who is convicted of the rape of an unconscious person, as
defined in paragraph (4) of subdivision (a) of Section 261, or
paragraph (3) of subdivision (a) of Section 262, shall not accrue any
credit, as specified in Section 2933.
   (b) The limitation provided in subdivision (a) shall apply whether
the defendant is sentenced under Chapter 4.5 (commencing with
Section 1170) of Title 7 of Part 2 or sentenced under some other law.

   (c) Notwithstanding Section 4019 or any other law, a person
specified in subdivision (a) may not earn any credit pursuant to
Section 4019 against a period of confinement in, or commitment to, a
county jail, industrial farm, or road camp or a city jail, industrial
farm, or road camp, following his or her arrest. 
   SEC. 2.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to ensure the safety of the community as soon as
possible, it is necessary that this act take effect immediately.
 
  SECTION 1.   Section 1507.16 is added to the
Health and Safety Code, to read:
   1507.16.  (a) Every community care facility that provides
residential care for minors shall, for the purpose of addressing
issues that arise when a minor resident is missing from the facility,
develop and comply with an absentee notification plan for each minor
resident. The plan shall be part of the written needs and services
plan if the minor has a plan. The plan shall include, but not be
limited to, both of the following:
   (1) A requirement that an administrator of the facility, or his or
her designee, inform the minor's parent or guardian when that minor
is missing from the facility.
   (2) The circumstances under which an administrator of the
facility, or his or her designee, shall notify local law enforcement
when a minor is missing from the facility.
   (b) In preparing the absentee notification plan, the facility
shall consider the status of the minor as a victim of human
trafficking. In this situation, the plan may include a requirement to
notify law enforcement immediately after the minor is missing.
 
  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.      
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