AB 2823 Reclassifies Sex Trafficking & Types of Rape as Violent Felonies
(Los Angeles, CA) Standing with Survivors Act of 2018 (AB 2823), authored by Assemblymembers Adrin Nazarian (Sherman Oaks) & Freddie Rodriguez (Pomona), expands the definition of violent felonies to include felony level sex trafficking and various sex crimes.
“AB 2823 closes a dangerous loophole in Prop 57 and will prevent convicted sex traffickers and rapists from receiving reduced sentences,” stated Assemblymember Adrin Nazarian.
The expanded list of violent crimes dealing with rape, sodomy, oral copulation, and sexual penetration would include those situations where the victim was:
- too intoxicated to consent;
- mistaken about the identity of the rapist, or;
- threatened by authority of a public official.
Under existing California law, these crimes are not considered violent felonies.
In January 2018, a statewide human trafficking sting rescued 56 people, including 11 girls, which led to more than 500 arrests, including 30 suspected traffickers and 178 alleged johns. In 2017, roughly 200 human trafficking cases were filed by just the Los Angeles County district attorney's office.
With the passage of Proposition 57 in November 2016, non-violent criminals are eligible for early release from prison. This proposition was introduced to alleviate California’s overcrowded prison system by awarding sentence reductions to non-violent inmates for good behavior, educational achievements and other rehabilitative benchmarks.
However, because many violent offenses are considered non-violent under California law, perpetrators of human trafficking and rape will be eligible for the sentence reducing benefits granted by Proposition 57.
AB 2823 strengthens the purpose of Proposition 57, which was intended to allow truly non-violent, rehabilitated offenders eligibility for early release and not perpetrators of violent acts.
Adrin Nazarian represents the 46th Assembly District, serving the San Fernando Valley communities of Hollywood Hills, Lake Balboa, North Hills, North Hollywood, Panorama City, Sherman Oaks, Studio City, Toluca Lake, Valley Glen, Universal City, Van Nuys, and Valley Village.
Freddie Rodriguez Assemblymember Rodriguez represents the 52nd Assembly District = which includes the cities of Chino, Montclair, Ontario, Pomona and portions of unincorporated Fontana. He is Chair of The Assembly Committee on Public Employees, Retirement, and Social Security.
CONTACT: Assemblymember Nazarian: Brian Stedge, (818) 376-4246, Brian.Stedge@asm.ca.gov
Assemblymember Rodriguez: Sean Connelly, (916) 319-2052, Sean.Connelly@asm.ca.gov