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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: AB 29	AMENDED
	BILL TEXT

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

INTRODUCED BY   Assembly Member Campos

                        DECEMBER 1, 2014

    An act to add Section 1708.5.5 to the Civil Code,
relating to civil actions.   An act to add Section
1507.16 to the Health and Safety Code, relating to care  
facilities. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 29, as amended, Campos.  Civil actions: defenses:
unlawful sexual intercourse.   Care facilities: missing
minor residents.  
   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.  
   Existing law prohibits a person from engaging in unlawful sexual
intercourse, as defined, with a minor and prescribes punishments for
unlawful sexual intercourse. Existing law makes a person who commits
sexual battery, as provided, liable for specified damages. Existing
law establishes the defense of consent in civil actions. 

   This bill would prohibit, in any civil action involving sexual
battery by an adult of a minor, as defined, the defense that the
minor consented to the sexual battery if the adult is in a position
of trust, authority, or supervision, or acts as a caretaker, in
relation to the minor. The bill would also provide that the minor's
consent does not mitigate damages in these circumstances. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   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.  
  SECTION 1.    Section 1708.5.5 is added to the
Civil Code, to read:
   1708.5.5.  (a) For the purposes of this section, the following
definitions shall apply:
   (1) "Adult" means a person who is at least 18 years of age.
   (2) "Minor" means a person who is under 18 years of age.
   (b) Notwithstanding Section 3515, in any civil action involving
sexual battery, as defined in Section 1708.5, by an adult of a minor,
it shall not be a defense that, nor mitigate damages if, the minor
consented to the sexual battery if the adult is in a position of
trust, authority, or supervision, or acts as a caretaker, in relation
to the minor.