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Senator Bates Authors Measure to Reclassify Heinous Crimes as Legally “Violent”

By   /  February 17, 2017  /  2 Comments

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SB 75 Addresses Potential Fallout of 2016’s Proposition 57

SACRAMENTO – Citing potential fallout from Proposition 57 that allows the state to release prisoners early for crimes not deemed “violent” under state law, Senator Patricia Bates (R-Laguna Niguel) has authored Senate Bill 75. Her bill would expand the definition of “violent felonies” to include additional offenses deemed to be serious and violent in nature by most Californians, including rape of an unconscious person and assault with a deadly weapon on a peace officer or firefighter.“Californians approved Proposition 57 last year with the intention of showing leniency to offenders who are truly non-violent,” said Bates. “Unfortunately, many voters were not aware that the state’s definition of ‘non-violent’ includes deeply troubling crimes that most would consider violent due to the physical and emotional harm inflicted on victims. My bill would help address a major weakness of Proposition 57 and keep California’s communities safe.”

Californians passed Prop. 57 that increases parole and good behavior opportunities for prison inmates convicted of “non-violent” crimes and allows judges, not prosecutors, to decide whether to try certain juveniles as adults in court. Opponents of the measure lacked the financial resources to broadly convey the argument that several serious crimes are legally considered “non-violent” and could make such offenders eligible for early release.

Though Prop. 57 was intended to save the state money, it could lead to more crimes being committed by criminals released early from prison. SB 75 seeks to address this weakness in law by expanding the definition of “violent felonies” to include:

  • vehicular manslaughter
  • human trafficking involving a minor
  • battery with personal infliction of serious bodily injury
  • throwing acid or a flammable substance
  • assault with a deadly weapon
  • assault with a deadly weapon on a peace officer or firefighter
  • assault with a deadly weapon by a state prison inmate
  • discharging a firearm at an occupied dwelling, building, vehicle or aircraft
  • rape where victim is legally incapable of giving consent
  • rape of an unconscious person
  • rape/sodomy/oral copulation of an unconscious person or by use of date rape drugs
  • inflicting corporal injury on a child
  • domestic violence
  • arson of a structure or forest land
  • arson of property
  • solicitation to commit murder
  • grand theft of a firearm
  • any felony involving the personal use of a deadly weapon
  • holding a hostage by a state prison inmate
  • exploding a destructive device or explosive with intent to injure
SB 75 is currently awaiting a hearing in the Senate Public Safety Committee.
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Senator Patricia C. Bates (R-Laguna Niguel) represents the 36th Senate District in the California Legislature, which covers South Orange County, North San Diego County and Marine Corps Base Camp Pendleton
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2 Comments

  1. william Ryden says:

    My daughter, a 45 year old school teacher with two daughters. She is serving 17 years 8 months at CIW.
    She is a very sweet, loving, Christian person….Certainly not a violent person.
    She suffers from the stress of an autistic daughter and went through a shocking, sad divorce.
    She had two surgeries and became to Beer. She had an accident and a man was killed.
    California considers alcoholism as a medical condition. This is what caused her accident. She is not a killer, would not hurt a flee. She had no intention to commit harm to anyone.
    She was told buy the judge in her pre-trial hearing that he wanted this trial done quickly because he was going on vacation. Also, her attorney pressured her to accept a plea, in part because he said he had another big case coming up. She was under duress and accepted to plea.
    I would like to know who we can write to for the purpose of addressing the issue of this kind of accident would be classified as a “violent crime”. Can you send me names and addresses.? Her mother and I are retired school teachers, we want to do whatever we can to see that our daughter would have a reasonable punishment for her actions. Thank you.

    • Editor says:

      Regular Mail
      California Department of Corrections and Rehabilitation

      This was on Senator Bates site… http://bates.cssrc.us/

      Attention: Regulation and Policy Management Branch
      P.O. Box 942883|
      Sacramento, CA 94283-0001 Fax (916) 324-6075, California Department of Corrections and Rehabilitation, Attention: Regulation and Policy Management Branch

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