SR-100-002 (27)
Council Meeting: May 25, 2005 Santa Monica, CA
To: Mayor and City Council
From: City Staff
Subject: Request of the Commission on the Status of Women that the City Council
Support State Senate Bill 33 (SB 33)
Introduction
This report transmits a request from the Santa Monica Commission on the Status of
Women (COSW) to secure City Council support of SB 33, the Circle of Trust Bill, which
closes loopholes in California’s child abuse and incest laws related to sexual abuse of
children by a relative, and authorize staff to communicate the City’s position to the
appropriate parties.
Background
In keeping with other legislation mandating family reunification, if at all possible, in
cases of child abuse and neglect, in 1981 the State legislature codified preferential
treatment for intrafamilial child sexual abuse in three main statutes. Penal Code
1203.066 contains a sentencing loophole for family members, waiving prison sentences,
even for severe and ongoing sexual abuse, if the victim lives in the perpetrator’s
household. Similar preferential treatment exclusively for incest perpetrators is contained
in PC 1000.12 and 1000.13, allowing “deferred entry of judgment” followed by dropping
of all charges. These are used in conjunction with PC 285, the incest statute, to
significantly lighten the penalty for people who sexually abuse children to whom they
are related.
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Briefly, SB 33 will:
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End preferential treatment for persons found guilty of continuous sexual abuse of
or lewd and lascivious acts upon children who are related to the perpetrator
(amends PC 1203.066, PC 288.1 and PC 667.61);
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End preferential treatment for persons found guilty of incest against children to
whom they are related (amends PC 285); and
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End preferential treatment for persons found guilty of sexually abusing children to
whom they are related, and close the loophole that allows perpetrators to have all
record of their conviction erased by attending a treatment program (amends PC
1000.12 and repeals 1000.13).
An earlier version of SB 33, AB 1803, was introduced in 2004 and did not advance out
of the Public Safety Committee. State Senator Jim Battin (R-Riverside County)
introduced SB 33 on December 13, 2004 with minor changes from AB 1803. It is
currently on the suspense calendar, awaiting scheduling for a Senate vote. It advanced
out of both the Public Safety Committee and the Appropriations Committee. If it passes
in the Senate, it will go to the Assembly for a vote.
The California Department of Justice estimates that, since 1981, more than 60%
(50,000) of those convicted of lewd and lascivious acts with a child (PC 288) and
continuous sexual abuse of a child (PC 288.5), have served no time in state prison
because they were related to the child who was abused. The other 40% of those
convicted of the same crimes served mandatory three or six year terms in state prison
because they were not related to the child.
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Discussion
At its February 9, 2005 meeting, the COSW voted to request that the City Council
formally support SB 33. The COSW is deeply concerned that children who are sexually
abused by a family member do not have the same protections as those who are
victimized by non-family members. The changes to existing statutes close the “family
loophole” and clarify existing law to place those convicted of sexually abusing children
in their own family at the same penalty level as those convicted of sexually abusing
children to whom they are not related.
Since 2002, similar bills have been passed in North Carolina, Arkansas and Illinois. SB
33 has the support of more than 20 organizations and individuals, including City of El
Cerrito, City of Oxnard Police Department, Feminist Majority, the Child Trauma
Academy, and California Alliance Against Domestic Violence.
Budget/Financial Impact
The recommendation presented in this report does not have any budget or financial
impact.
Recommendation
The Commission on the Status of Women recommends that the City Council take action
supporting SB 33 and direct City Staff to communicate this support to the appropriate
parties.
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Prepared by: Barbara Stinchfield, Director
Julie Rusk, Human Services Division Manager
Janet Hand, Senior Administrative Analyst, Human Services Division
Community and Cultural Services Department, for the Commission on the
Status of Women
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