Brock Turner sentence prompts legislation before Gov. Brown's desk

SACRAMENTO, Calif. (KTVU) - A bill is now before Governor Jerry Brown that would change California's sentencing laws for sexual assault convictions.

Assembly Bill 2888 was drafted in response to the controversy over Santa Clara Judge Aaron Persky's sentencing of former Stanford scholar-athlete Brock Turner. Turner received 6 months in jail and 3 years probation after he was convicted of sexually assaulting a 23-year-old woman in 2015.

The bill, which unanimously passed the legislature Monday, was co-sponsored by Assemblyman Evan Low of Silicon Valley and State Senator Jerry Hill of San Mateo.

State Senator Hill says under current law, a court cannot grant probation if a person is convicted of rape or sexual assault by force.

"It's mandatory jail or prison time for that, but if you don't force them you can get probation and that's what the judge chose to do in this case. The problem is, what was the difference? Rape is rape," said Hill.

The bill would change the law to prohibit probation and require mandatory prison time in cases where the victim is unconscious or intoxicated.

Rabin Nabizadeh, the senior trial attorney with Summit Defense in Oakland, says he disagrees with the bill and says it is politically motivated.

"I don't agree that incarceration is an answer and this a perfect example," Nabizadeh said.

Nabizadeh regularly handles felony sex offense cases and says Judge:Persky's sentencing of Turner was not unusual.

"This is a run-of-the-mill sentence for this kind of case," said Nabizadeh, who says he does not excuse what Brock Turner did.

"Terrible mistake. Monstrous behavior, but then what do you do with that?" Nabizadeh said.

Nabizadeh says there is a good reason the current law might treat sex offenders' incarceration differently, based on the perceived threat the person poses to society.

"It might be an answer for the individual, the offender in a violent rape, because in that situation literature would show that he is more likely to offend. He is more likely to rape again," Nabizadeh said, "I think literature shows that rape is not about sex. It's about control.  It's about violence, whereas in the frat party scenario where there's a drunk frat boy doing this, it's not about that. It's frankly about sex."

State Senator Hill says the bill aims to right a wrong.

"The punishment would be 3 and possibly even 6 years in prison, which would be a major difference from 3 months in county jail," Hill said.

The bill does allow a court to include probation in cases where there are exceptional circumstances, but that must be explained on the record.

Governor Brown has until September 30th to decide whether to sign AB 2888 into law.