Cristina Garcia
- Democratic
Author
Existing law prohibits several forms of sexual battery, including among others, the touching of an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse. This bill would establish an additional sexual battery offense when an act of sexual intercourse is accomplished under certain circumstances, including, among others, when a person using a condom intentionally and without consent removes the condom prior to or during the act, when a person using the condom intentionally and without consent tampers with the condom and that condom is used during the act, or when the person intentionally and without consent uses a condom during the act that the person knows has been tampered with. The bill would provide that the offense is punishable by imprisonment in a county jail not exceeding one year and a fine not exceeding $2,000, or by imprisonment in the state prison for 2, 3, or 4 years, and by a fine not exceeding $10,000. The bill would make additional conforming changes. By creating a new crime, this bill would impose a state-mandated 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.
In committee: Held under submission.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 3.) (July 11).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
In committee: Set, first hearing. Hearing canceled at the request of author.
Withdrawn from committee.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on G.O.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1393.)
Read second time. Ordered to Consent Calendar.
From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 26).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 20. Noes 0.) (March 29). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to Com. on G.O. Read second time and amended.
From printer. May be heard in committee March 19.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1033 | HTML |
| 02/16/17 - Introduced | |
| 03/22/17 - Amended Assembly | |
| 05/18/17 - Amended Senate | |
| 06/29/17 - Amended Senate | |
| 07/18/17 - Amended Senate |
| Document | Format |
|---|---|
| No related documents. |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.