A public safety bill introduced by Senator Marie Alvarado-Gil (D-Jackson) would make rape of an unconscious person a violent felony in California.
Currently, California Law says rape is accomplished against a person’s will by means of force, violence, duress, menace, fear, or rape accomplished against the victims will by threat of violent retaliation but does not include rape of a person unable to give consent due to disability, intoxication, or unconsciousness, rape under false pretenses or rape accomplished by threat of incarceration, arrest, or deportation.
Under the SB-278, it would make all forms of rape a violent felony – including when the victim is disabled, intoxicated or unconscious.
LEGISLATIVE COUNSEL’S DIGEST
SB 268, as introduced, Alvarado-Gil. Crimes: serious and violent felonies.
Existing law classifies certain criminal offenses as a “violent felony” for the purposes of various provisions of the Penal Code, including sentencing enhancements for prior convictions, as well as numerous other provisions.
Existing law includes among the list of violent felonies rape accomplished against a person’s will by means of force, violence, duress, menace, or fear, or rape accomplished against the victim’s will by threat of violent retaliation, but does not include rape of a person unable to give consent due to disability, intoxication, or unconsciousness, rape under false pretenses, or rape accomplished by threat of incarceration, arrest, or deportation.
This bill would include all rape violations in the list of violent felonies.
By expanding the scope of an enhancement, this 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.
Senator Alvarado-Gil represents the 4th Senate District including the Counties of Alpine, Amador, Calaveras, El Dorado, Inyo, Madera, Mariposa, Merced, Mono, Nevada , Placer, Stanislaus, and Tuolumne.
