Cristina Garcia
- Democratic
Author
(1) Existing law defines rape as an act of sexual intercourse accomplished with a person not the spouse of the perpetrator under certain circumstances, including where the victim is incapable of giving legal consent because of a mental disorder or developmental or physical disability, where the victim is not aware of the essential characteristics of the act due to the perpetrator's fraudulent representation that the act serves a professional purpose, and where the victim submits to the act under the belief that the perpetrator is someone known to the victim other than the perpetrator, and the perpetrator intentionally and fraudulently induces that belief. Existing law separately defines rape of a spouse as an act of sexual intercourse accomplished with the spouse of the perpetrator under similar circumstances as nonspousal rape, except that spousal rape does not include acts of sexual intercourse accomplished under the specific circumstances described above. This bill would repeal the provisions relating to spousal rape and make conforming changes, thereby making an act of sexual intercourse accomplished with a spouse punishable as rape if the act otherwise meets the definition of rape, except that sexual intercourse with a person who is incapable of giving legal consent because of mental disorder or developmental or physical disability would not be rape if the 2 people are married. By changing the definition of a crime, this bill would impose a state-mandated local program. (2) Existing law authorizes an employer to request from the Department of Justice records of all convictions or any arrest pending adjudication for specified offenses for a person who applies for a license, employment, or volunteer position, in which the person would have supervisory or disciplinary power over a minor and requires the employer to notify the parent or guardian of a child if a person with specified convictions will have supervisory or disciplinary power over that child. Existing law exempts certain convictions, including spousal rape, from that notification requirement. This bill would remove the exemption for spousal rape or any other felony conviction and would instead exempt only misdemeanor convictions from that notification. The bill would make numerous conforming changes. (3) This bill would incorporate additional changes to Section 1103 of the Evidence Code proposed by AB 939 to be operative only if this bill and AB 939 are enacted and this bill is enacted last. (4) This bill would incorporate additional changes to Section 3044 of the Family Code proposed by SB 320 and AB 1579 to be operative only if this bill and SB 320, AB 1579, or both, are enacted and this bill is enacted last. (5) This bill would incorporate additional changes to Section 13956 of the Government Code proposed by SB 299 to be operative only if this bill and SB 299 are enacted and this bill is enacted last. (6) 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.
Chaptered by Secretary of State - Chapter 626, Statutes of 2021.
Approved by the Governor.
Enrolled and presented to the Governor at 5 p.m.
Assembly Rule 77 suspended. (Ayes 59. Noes 17. Page 2875.)
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2922.).
Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2463.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 9 pursuant to Assembly Rule 77.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 26).
Read second time and amended. Ordered returned to second reading.
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 5. Noes 0.) (July 13).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1902.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 10. Noes 0.) (June 1).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (May 27). Re-referred to Com. on APPR.
Joint Rule 62(a), file notice suspended. (Ayes 54. Noes 18. Page 1645.)
Read third time and amended. Ordered to third reading. (Page 1580.)
Re-referred to Coms. on PUB. S. and APPR. pursuant to Assembly Rule 77.2.
(pending re-refer to Com. on APPR.)
Assembly Rule 56 suspended. (Page 1645.)
From inactive file.
Ordered to third reading.
Notice of intention to remove from inactive file given by Assembly Member Arambula.
From Consent Calendar.
Ordered to inactive file at the request of Assembly Member Arambula.
Read second time. Ordered to Consent Calendar.
From committee: Do pass. To Consent Calendar. (Ayes 6. Noes 0.) (April 27).
From printer. May be heard in committee March 21.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1171 | HTML |
| 02/18/21 - Introduced | |
| 05/27/21 - Amended Assembly | |
| 07/15/21 - Amended Senate | |
| 08/26/21 - Amended Senate | |
| 09/02/21 - Amended Senate | |
| 09/10/21 - Enrolled | |
| 10/07/21 - Chaptered |
| Document | Format |
|---|---|
| 04/26/21- Assembly Jobs, Economic Development, and the Economy | |
| 05/20/21- ASSEMBLY FLOOR ANALYSIS | |
| 05/27/21- Assembly Public Safety | |
| 05/31/21- Assembly Appropriations | |
| 06/02/21- ASSEMBLY FLOOR ANALYSIS | |
| 07/09/21- Senate Public Safety | |
| 08/13/21- Senate Appropriations | |
| 08/26/21- Senate Appropriations | |
| 08/31/21- Sen. Floor Analyses | |
| 09/04/21- Sen. Floor Analyses | |
| 09/07/21- ASSEMBLY FLOOR ANALYSIS |
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