SB 530

Bill Subjects

Abstract

(1) Existing law defines the crime of rape as an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator under specified circumstances. Existing law separately defines the crime of rape of a person who is the spouse of the perpetrator as an act of sexual intercourse under specified circumstances. Under existing law, an act of sexual intercourse in which a person is unconscious of the nature of the act because of the perpetrator's fraudulent representation that the sexual penetration served a professional purpose or in which a person submits under the belief that the person committing the act is someone known to the victim other than the accused both constitute rape, but do not constitute spousal rape. This bill would expand the definition of the crime of rape to include those acts when accomplished with a person who is a spouse of the perpetrator and would repeal the crime of spousal rape. By expanding the definition of a crime, this bill would impose a state-mandated local program. (2) Existing law requires persons convicted of specified sex offenses to register with local law enforcement agencies while residing in the state or while attending school or working in the state. Willful failure to register is a crime. Existing law requires a person convicted of rape to register as a sex offender. Existing law requires a person convicted of spousal rape to register only if the act involved the use of force or violence for which the person was sentenced to state prison. This bill would require a person convicted of rape of a person who is the perpetrator's spouse to register as a sex offender under all circumstances defining rape. By imposing additional duties on local authorities, and by requiring additional persons to be registered as sex offenders, who, if they fail to do so commit a crime, this bill would create a state-mandated local program. (3) Existing law allows a defendant to plea bargain in response to an accusatory pleading charging a felony, except that certain crimes are excluded, including rape of an unconscious person who is not the spouse of the perpetrator. This bill would make this exception to the general authorization to plea bargain applicable to the rape of an unconscious person who is the spouse of the perpetrator. (4) The bill would make numerous conforming changes. (5) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.