BILL ANALYSIS                                                                                                                                                                                                    



                                                                     AB 860


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          Date of Hearing:   April 15, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          860 (Daly) - As Amended March 25, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill.

          1)Expands the crime of sexual battery rape, sodomy, forced oral  








                                                                     AB 860


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            copulation, sodomy, and sexual penetration to include  
            non-consensual sexual contact by a person who performs  
            professional services that entail having access to another  
            person's body, who touches an intimate part of a person's body  
            while performing those services, and the touching was against  
            the person's will, and for the purpose of sexual arousal,  
            sexual gratification, or sexual abuse. 

          2)Punishes this crime by imprisonment in state prison for two,  
            three, or four years, and by a fine not exceeding $10,000. 

          FISCAL EFFECT:


          Minor, if any, new costs for state incarceration as this bill  
          does not increase penalties or change the burden of proof.   The  
          specified offense must still be committed against the will of  
          the victim.


          COMMENTS:


          1)Purpose.  According to the author, "Sexual Assault is a  
            serious crime, and perpetrators who use positions of trust to  
            assault their clients should be prosecuted to the fullest  
            extent of the law. AB 860 will ensure that these violators are  
            charged with felony sex crimes."

          2)Argument in Support:  According to The Orange County District  
            Attorney, "The Orange County District Attorney's Office is  
            pleased to support AB 860, which would close a loophole in the  
            law to address sexual predators who provide professional  
            services (such as doctors, chiropractors, massage therapists  
            and others in positions of trust/power) and prey on vulnerable  
            victims.

          "Currently, there is no provision in the law to address a sexual  
            assault committed without a victims' consent in the context of  








                                                                     AB 860


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            professional services, other than misdemeanor sexual battery.  
            AB 860 addresses this gap in the law by providing that a  
            sexual assault committed against these vulnerable victims will  
            be punished similarly to offenses where their consent was  
            obtained fraudulently."

          3)Prior Legislation:  AB 2049 (Saldana), of the 2007-2008  
            Legislative Session, was identical to this bill.  AB 2049 was  
            never heard in Senate Public Safety.  

          Analysis Prepared by:Pedro R. Reyes / APPR. / (916)  
          319-2081