SB 268: Crimes: serious and violent felonies.

Existing law classifies certain criminal offenses as a violent felony for the purposes of various provisions of the Penal Code, including sentencing enhancements for prior convictions, as well as numerous other provisions.

Existing law includes among the list of violent felonies rape accomplished against a persons will by means of force, violence, duress, menace, or fear, or rape accomplished against the victims will by threat of violent retaliation, but does not include rape of a person unable to give consent due to disability, intoxication, or unconsciousness, rape under false pretenses, or rape accomplished by threat of incarceration, arrest, or deportation.

This bill would also include the rape of an intoxicated person wherein the defendant drugged the victim, as specified, in the list of violent felonies.

By expanding the scope of an enhancement, this bill would impose a state-mandated local 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.