Standing with Survivors Act of 2018 Passed the California Assembly by a Vote of 67 – 3
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.
“We should be doing everything in our power to ensure no one ever experiences these heinous crimes, and, where possible, prevent an offender from having the ability to harm others again. This loophole must be closed to protect the people of California and ensure we stand with survivors in their pursuit of justice,” Rodriguez added.
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.
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