CaliforniaCrimes: SCRIVNER Act.
What it does
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.
More detail
The bill would 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, 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.
This bill would incorporate additional changes to Section 1001.36 of the Penal Code proposed by AB 46 to be operative only if this bill and AB 46 are enacted and this bill is enacted last.
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.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 18Chaptered by Secretary of State - Chapter 298, Statutes of 2026.Latest
- Sep 18Approved by the Governor Gavin Newsom.Became Law
- Sep 3Enrolled and presented to the Governor at 4 p.m.To Governor
- Aug 26Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 6582.).Major
- Vote recorded AB 2273 Bains Concurrence in Senate Amendments. Result: pass.Lower
- Aug 25In Assembly. Concurrence in Senate amendments pending.
- Vote recorded 3rd Reading AB2273 Bains By Grove. Result: pass.Upper
- Aug 25Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).Passed Senate
- Aug 20Read second time. Ordered to third reading.Minor
- Aug 19Read third time and amended. Ordered to second reading.Major
- Aug 19Ordered to third reading.Minor
- Aug 19From special consent calendar.
- Aug 18Ordered to special consent calendar.
- Aug 13Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Upper
- Aug 13From committee: Do pass. (Ayes 7. Noes 0.) (August 13).Minor
- Aug 3In committee: Referred to APPR. suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Jun 24From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 23). Re-referred to Com. on APPR.Minor
- Jun 23
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- May 27Referred to Com. on PUB. S.Minor
- May 18In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 2273 Bains Assembly Third Reading. Result: pass.Lower
- May 18Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 0. Page 5132.)Passed Assembly
- May 14Read second time. Ordered to third reading.Minor
- May 13From committee: Do pass. (Ayes 15. Noes 0.) (May 13).Minor
- Vote recorded Do pass. Result: pass.Lower
- Apr 27Re-referred to Com. on APPR.Minor
- Apr 23Read second time and amended.Major
- Apr 22From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 21).Major
- Apr 21
- Vote recorded Do pass as amended and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Apr 14In committee: Hearing postponed by committee.
- Apr 7In committee: Set, first hearing. Hearing canceled at the request of author.
- Mar 9Referred to Com. on PUB. S.Minor
- Feb 20From printer. May be heard in committee March 22.
- Feb 19Read first time. To print.Introduced