Crimes: Scrivner Act.

Plain English Breakdown

The official source does not provide a definition for 'Pretrial Diversion Program'.

Scrivner Act: Changes to Sexual Offenses and Prosecution

This act changes laws related to sexual offenses involving children, prosecution of elected officials for certain crimes, and eligibility for pretrial diversion programs.

What This Bill Does

• Removes the requirement that a person must have specific intent to arouse or gratify lust when committing lewd acts on a child under 14 if they were under the influence of mind- or mood-altering substances.
• Requires the Department of Justice to file criminal charges against elected officials within 30 days if an investigation finds they committed certain crimes involving rape and the victim was a minor, and prosecution is appropriate.
• Makes defendants ineligible for pretrial diversion programs if evidence suggests they committed offenses that would normally disqualify them from such programs, even if not formally charged with those offenses.
• Requires prosecutors to explain on record why certain charges are not being sought when facts suggest the defendant should be ineligible for pretrial diversion and whether they consulted with the victim about these decisions.

Who It Names or Affects

• People who commit sexual acts involving children under 14 years old
• Elected officials accused of crimes related to rape where the victim was a minor
• Defendants seeking pretrial diversion programs

Terms To Know

Mind- or Mood-Altering Substance

Drugs, alcohol, or other substances that change a person's state of mind or mood.

Limits and Unknowns

• The bill does not specify when it will take effect.
• It is unclear how much additional work this will create for prosecutors and the Department of Justice.

Official Summary Text

AB 2273, as amended, Bains.
Crimes: Scrivner Act.
Existing law provides that any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes, as provided, upon or with the body, or any part or member thereof, of a child who is under 14 years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony, punishable by imprisonment in the state prison for 3, 6, or 8 years.
This bill would remove the requirement that the person had that specific intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or child, if the person was under the influence of a mind- or mood-altering substance. By expanding the scope of a crime, this bill would create a state-mandated local program.
The bill would
additionally
require the Department of Justice, upon completion of an investigation of a person who holds an elected office in which the department determines the person committed specified crimes relating to rape, that the victim was a minor, and that the case is appropriate for prosecution, to bring criminal charges against that person within 30 days.
Existing law authorizes a court to grant pretrial diversion to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. Existing law makes a defendant ineligible for this diversion program if the defendant is charged with specified offenses, including, among other offenses, any sex offense except indecent exposure.
This bill would make a defendant ineligible
for pretrial diversion if the court determines that the facts alleged in the accusatory pleading or disclosed in the preliminary hearing transcript, police reports, or other evidence would constitute any of the offenses prohibited from receiving diversion, regardless of whether the prosecution formally charges or ultimately proceeds on those offenses.
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.
This bill would, when the facts alleged in the accusatory pleading or disclosed in the preliminary hearing transcript would constitute an offense for which a defendant would be ineligible for diversion under these provisions, and the defendant has not been charged with those offenses, require the prosecution to state on the record why those charges are not being sought and whether they have conferred with the victim about the charges filed. By increasing duties on prosecutors, 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,
if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Current Bill Text

Download Bill PDF