Bill Text: CA AB1039 | 2023-2024 | Regular Session | Amended
Bill Title: Sexual activity with detained persons.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1039 Detail]
Download: California-2023-AB1039-Amended.html
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Amended
IN
Assembly
January 03, 2024 |
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Amended
IN
Assembly
March 16, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1039
| Introduced by Assembly Member Rodriguez |
February 15, 2023 |
An act to amend Section 289.6 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1039, as amended, Rodriguez.
Sexual activity with detained persons.
Existing law makes it a misdemeanor for an employee or officer of a public health facility to engage in sexual activity with a consenting adult who is confined in a health facility. Existing law makes it punishable as either a misdemeanor or a felony for (1) specified individuals, including an employee or officer of a public entity detention facility, to engage in sexual activity with a consenting adult who is confined in a detention facility or (2) an employee with a department, board, or authority under the Department of Corrections and Rehabilitation, as specified, to engage in sexual activity with a consenting adult who is an inmate, ward, or parolee. For purposes of those provisions, “sexual activity” includes the rubbing or touching of the breasts or sexual organs, as specified.
This bill would change the definition of sexual activity to also include the touching of the anus, groin, or buttocks. The bill would repeal the punishment for an employee or officer of a public health facility who engages in sexual activity with a consenting adult who is confined in a health facility and instead make those actions punishable either as a misdemeanor or a felony, as specified. By expanding the scope of a crime, the bill would impose a state-mandated local program.
Existing law makes it a misdemeanor for an employee or officer of a public health facility to engage in sexual activity with a consenting adult who is confined in a health facility. Existing law additionally makes it a misdemeanor for specified individuals, including an employee or officer of a public entity detention facility or an employee with a department, board, or authority under the Department of Corrections and Rehabilitation, to engage in sexual activity with a consenting adult by rubbing or touching the breasts or sexual organs of another, as specified.
This bill would change the definition of sexual activity to also include the touching of the anus, groin, or buttocks. The bill would instead make it a misdemeanor or a felony, punishable in the county jail, for employees or officers of a public health facility or public entity detention facility and employees with a department, board, or authority under the
Department of Corrections and Rehabilitation, to engage in sexual activity with a consenting adult, as specified.
Existing law makes it punishable as either a misdemeanor or a felony for specified individuals, including an employee or officer of a public entity detention facility, to engage in sexual activity by engaging in sexual intercourse, sodomy, oral copulation, or sexual penetration, as defined, with a consenting adult who is confined in a detention facility. Existing law makes it punishable as either a misdemeanor or a felony for an employee with a department, board, or authority under the Department of Corrections and Rehabilitation, as specified, to engage in sexual activity by engaging in sexual intercourse, sodomy, oral copulation, or sexual penetration, as defined, with a consenting adult who is an inmate, ward, or parolee.
This bill would additionally make it punishable as either a misdemeanor or a felony,
punishable in a state prison, for employees or officers of a public health facility to engage in sexual activity with a consenting adult who is confined in a health facility by engaging in sexual intercourse, sodomy, oral copulation, or sexual penetration, as defined. By expanding the scope of crime, this bill would impose a state-mandated local program.
Existing law requires a person convicted of a felony violation of the above provisions who is employed by a department, board, or authority within the Department of Corrections and Rehabilitation to be terminated, as specified, and prohibits that person from being eligible to be hired or reinstated by the department.
This bill would instead require that a person convicted of any violation of these provisions be terminated and prohibited from being reinstated by the department. The bill would also require that a person convicted of any violation of these provisions who is
employed by a public entity detention facility or a public health facility be terminated and made ineligible to be hired or reinstated by any public entity detention facility, as specified.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 289.6 of the Penal Code is amended to read:289.6.
(a) (1) (A) An employee or officer of a public entity health facility, or an employee, officer, or agent of a private person or entity that provides a health facility or staff for a health facility under contract with a public entity, who engages in sexual activity with a consenting adult who is confined in a health facility is guilty of a public offense.(B) As used in this paragraph, “health facility” means a health facility as defined in subdivisions (b), (e), (g), (h), and (j) of, and subparagraph (C) of paragraph (2) of subdivision (i) of, Section 1250 of the Health and Safety Code in which the victim has been confined involuntarily.
(2) An employee or officer of a public entity detention facility, or an employee, officer, or agent of a private person or entity that provides a detention facility or staff for a detention facility, a person or agent of a public or private entity under contract with a detention facility, a volunteer of a private or public entity detention facility, or a peace officer who engages in sexual activity with a consenting adult who is confined in a detention facility is guilty of a public offense.
(3) An employee with a department, board, or authority under the Department of Corrections and Rehabilitation, or a facility under contract with a department, board, or authority under the Department of Corrections and Rehabilitation, who, during the course of their employment, directly
provides treatment, care, control, or supervision of inmates, wards, or parolees and who engages in sexual activity with a consenting adult who is an inmate, ward, or parolee is guilty of a public offense.
(b) As used in this section, the term “public entity” means the state, the federal government, a city, a county, a city and county, a joint county jail district, or an entity created as a result of a joint powers agreement between two or more public entities.
(c) As used in this section, the term “detention facility” means:
(1) A prison, jail, camp, or other correctional facility used for the confinement of adults or both adults and minors.
(2) A building or
facility used for the confinement of adults or both adults and minors pursuant to a contract with a public entity.
(3) A room that is used for holding persons for interviews, interrogations, or investigations and that is separate from a jail or located in the administrative area of a law enforcement facility.
(4) A vehicle used to transport confined persons during their period of confinement, including transporting a person after they have been arrested but have not been booked.
(5) A court holding facility located within or adjacent to a court building that is used for the confinement of persons for the purpose of court appearances.
(d) As used in this section,
“sexual activity” means:
(1) Sexual intercourse.
(2) Sodomy, as defined in subdivision (a) of Section 286.
(3) Oral copulation, as defined in subdivision (a) of Section 287 or former Section 288a.
(4) Sexual penetration, as defined in subdivision (k) of Section 289.
(5) The rubbing or touching of the
breasts, sexual organs, anus, groin, or buttocks of another, or of oneself in the presence of and with knowledge of another, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of oneself or another.
(e) Consent by a confined person or parolee to sexual activity proscribed by this section is not a defense to a criminal prosecution for violation of this section.
(f) This section does not apply to sexual activity between consenting adults that occurs during an overnight conjugal visit that takes place pursuant to a court order or with the written approval of an authorized representative of the public entity that operates or contracts for the operation of the detention facility where the conjugal visit takes place, to physical
contact or penetration made pursuant to a lawful search, or to bona fide medical examinations or treatments, including clinical treatments.
(g)A violation of
this section shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison, by a fine of not more than ten thousand dollars ($10,000), or by both that fine and imprisonment.
(g) Any violation of this section as described in paragraph (5) of subdivision (d), shall be punished by imprisonment in a county jail not exceeding one year, by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than ten thousand dollars ($10,000), or by both that fine and imprisonment.
(h) Any violation of this section, as described in paragraph (1), (2), (3), or (4) of subdivision (d), shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison,
or by a fine of not more than ten thousand dollars ($10,000), or by both that fine and imprisonment.
(h)
(i) A person previously convicted of a violation of this section shall, upon a subsequent violation, be guilty of a felony.
(i)
(j) A person who is convicted of a felony
violation of this section who is employed by a department, board, or authority within the Department of Corrections and Rehabilitation shall be terminated in accordance with the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code). A person who has been convicted of a felony violation of this section shall not be eligible to be hired or reinstated by a department, board, or authority within the Department of Corrections and Rehabilitation.
(k) Notwithstanding any other law, a person who is convicted of a violation of this section who is employed by a public entity detention facility or a public health facility shall be terminated and shall
not be eligible to be hired or reinstated by any public entity detention facility or public entity health facility.
