Violent Felony Expansion Bill Passes Assembly

A bill that would expand the number of crimes to be classified as a violent felony, adding in rape of an intoxicated person, passed the Assembly on Monday with 59 votes in favor, with only Governor Gavin Newsom’s decision of the bill as the final hurdle until it becomes law.

Senate Bill 268, authored by Senator Marie Alvarado-Gil (R-Jackson), would specifically include the rape of an intoxicated person wherein the defendant drugged the victim in the list of violent felonies. In addition, SB 268 would alter Proposition 57, a 2018 law where individuals convicted of non-violent felonies, including the rape of an intoxicated person, are eligible for early prison release.

Senator Alvarado-Gil, who switched parties from being a Democrat to a Republican earlier this month, wrote the bill to undo the loophole that formed following the passage of Prop 57, as well as moving up rape while intoxicated back to one of the worst crimes in the state.

“This is not a victory for me, it is a victory for her, for him, for all the victims of rape who are served half portions of justice by the current system,” said Senator Alvarado-Gil earlier this month. “No rape is less serious than the other. No rape is more acceptable than another. No law should tell a victim that what happened to them is not as significant as what happened to someone else. Today, we took a huge step away from that and I couldn’t be more pleased with the bipartisan support for this common sense legislation.”

While some lawmakers were concerned that the law would further erode progressive policies made in the last decade on crimes in California, Republican lawmakers and the majority of Democratic lawmakers agreed with Alvarado-Gil.

“This is a rare and meaningful win for victims’ rights in California,” added Senate Minority Leader Brian W. Jones (R-San Diego). “Under no circumstances should rapists be treated leniently because of some obscure loophole in the law. Predators have no friends in the Senate Republican Caucus, and I’m pleased at today’s outcome. These victims don’t deserve to be robbed of justice because of technicalities or political considerations.”

Until Monday, SB 268 received little opposition, as the crime itself and the arguments for the loophole swayed most lawmakers. While only 59 of the 80 Assemblymembers voted for the bill on Monday because of last minute opposition, it wasn’t enough, with Republicans and more centrist Democrats prevailing.

In a post on X, Alvarado-Gil further posted, “SB 268 passes the Asm Floor! We are 1 step away from righting a grievous wrong. I implore my Democratic colleagues & governor to demonstrate the humanity and sense to protect victims and hold perpetrators of this crime accountable.”

and:

Today, #California legislators put justice for victims above rapists by passing my bill, SB 268, out of the Assembly Appropriations Committee! ALL rape is violent.

The bill now heads to the Governor. While Newsom has not commented on the bill, it is widely expected that he will sign SB 268 into law in the coming weeks.

“SB 268 faced a rough road to get to this point,” explained crime law consultant Jerry Brady to the Globe on Monday. “It was introduced last year, held in a Committee, brought back, delayed, had law enforcement officials step up, had Lt. Governor Eleni Kounalakis come in and support it to reverse some Dem votes, had the author survive switching parties to Republican, kept up support, and now finally had it move up after about a year and a half.

“That’s one wild ride. Now Newsom, who has been going behind more and more crime bills, has to make a call on this. Smart money points to him signing it, but we don’t know just yet.”

SB 268 is currently awaiting a veto or signing by Governor Newsom.