BILL NUMBER: SB 922	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Knight

                        JANUARY 29, 2014

   An act to amend Sections 264 and 264.1 of the Penal Code, relating
to sex offenses.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 922, as introduced, Knight. Sex offenses: disabled victims.
   Under existing law, a person who commits rape against a person
incapable, because of a mental disorder or developmental or physical
disability, of giving legal consent, where that fact is known or
reasonably should be known by the person committing the act, shall be
punished by imprisonment in the state prison for 3, 6, or 8 years.
Under existing law, a person who commits that crime voluntarily
acting in concert with another person, by force or violence and
against the will of the victim, shall be punished by imprisonment in
the state prison for 5, 7, or 9 years.
   This bill would instead make these crimes punishable by
imprisonment in the state prison for 9, 11, or 13 years, and 10, 12,
or 14 years, respectively.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 264 of the Penal Code is amended to read:
   264.  (a) Except as provided in subdivision (c), rape, as defined
in Section 261 or 262, is punishable by imprisonment in the state
prison for three, six, or eight years.
   (b) In addition to any punishment imposed under this section the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates Section 261 or 262 with the proceeds of this
fine to be used in accordance with Section 1463.23. The court shall,
however, take into consideration the defendant's ability to pay, and
no defendant shall be denied probation because of his or her
inability to pay the fine  permitted  
authorized  under this subdivision.
   (c) (1) Any person who commits rape in violation of paragraph (2)
of subdivision (a) of Section 261 upon a child who is under 14 years
of age shall be punished by imprisonment in the state prison for 9,
11, or 13 years.
   (2) Any person who commits rape in violation of paragraph (2) of
subdivision (a) of Section 261 upon a minor who is 14 years of age or
older shall be punished by imprisonment in the state prison for 7,
9, or 11 years. 
   (3) Any person who commits rape in violation of paragraph (1) of
subdivision (a) of Section 261 shall be punished by imprisonment in
the state prison for 9, 11, or 13 years.  
   (3) 
    (4)  This subdivision does not preclude prosecution
under Section 269, Section 288.7, or any other provision of law.
  SEC. 2.  Section 264.1 of the Penal Code is amended to read:
   264.1.  (a) The provisions of Section 264 notwithstanding, in any
case in which the defendant, voluntarily acting in concert with
another person, by force or violence and against the will of the
victim, committed an act described in Section 261, 262, or 289,
either personally or by aiding and abetting the other person, that
fact shall be charged in the indictment or information and if found
to be true by the jury, upon a jury trial, or if found to be true by
the court, upon a court trial, or if admitted by the defendant, the
defendant shall suffer confinement in the state prison for five,
seven, or nine years.
   (b) (1) If the victim of an offense described in subdivision (a)
is a child who is under 14 years of age, the defendant shall be
punished by imprisonment in the state prison for 10, 12, or 14 years.

   (2) If the victim of an offense described in subdivision (a) is a
minor who is 14 years of age or older, the defendant shall be
punished by imprisonment in the state prison for 7, 9, or 11 years.

   (3) If the victim of an offense described in subdivision (a) is a
person incapable, because of mental disorder or developmental or
physical disability, of giving legal consent, and this is known or
reasonably should be known to the person committing the act, the
defendant shall be punished by imprisonment in the state prison for
10, 12, or 14 years.  
   (3) 
    (  4)  This subdivision does not preclude
prosecution under Section 269, Section 288.7, or any other provision
of law.