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BY BRIAN HEWS
Thursday May 30, 2018, 7:20 p.m.
When it comes to classifying sex crimes and sex trafficking of children as serious felonies, along with taking away gun ownership from people convicted of domestic violence, most California legislators would not hesitate to press the Yes button on the Assembly floor.
That is except for 58th District Assemblywoman Cristina Garcia one of the “leaders” of the #MeToo movement.
In the footsteps of Republican Dana Rohrabacher, who told a group of Realtors early this month that homeowners should be able to refuse to sell their property to gays and lesbians, just yesterday Garcia shockingly recorded no votes on two bills, AB 2823 and AB 3129, affecting sex trafficking and gun ownership.
With her primary on Tuesday and the recent finding that she violated the Assembly’s sexual harassment policy, the timing of the votes could not have been worse and will outrage, among others, child protection, domestic violence, and law enforcement groups up and down the state.
Current California law classifies certain felonies as violent felonies and imposes an additional one-year term for a felony and a 3-year term for a violent felony.
AB 2823 amends existing law and enhances prison sentences placing human sex trafficking of both children and adults, in the violent felony category.
The bill also expands the scope of sodomy, oral copulation, sexual penetration, and rape offenses that are categorized as violent felonies.
Those offenses include if the victim was unconscious, if the victim was incapable of giving consent due to intoxication, and if the victim was incapable of giving legal consent because of a mental disorder.
The offenses also include if the act was accomplished against the victim’s will by threatening to use the authority of a public official.
And Cristina Garcia walked away and abstained from voting to place child sex trafficking and other heinous violations in the violent felony category.
Currently, anyone convicted of a felony is prohibited from owning a gun and anyone convicted of certain misdemeanors is prohibited from owning a gun for ten years.
AB 3129 amends current law to prohibit a person convicted of domestic violence, who could own a gun after ten years, from ever owning a gun.
The text reads, “[AB 3129 would] prohibit a person who is convicted on or after January 1, 2019, of specified misdemeanors relating to domestic violence that currently result in a 10-year prohibition against possessing a firearm, from ever possessing a firearm.”
Once again, Cristina Garcia “recorded a no vote,” abstaining and allowing people convicted of domestic violence to own a gun.
Mike Simpfenderfer, candidate for the 58th Assembly District, emailed, “As a father of a daughter sexually assaulted when she was 13 years old and a brother of a sister drugged and raped by two classmates, Cristina Garcia’s failure to stand up to sex traffickers, predators, perverts, and persons who threaten/beat others defined why it is time for a change in the 58th June 5th. Her failure to vote and protect us continues the red carpet treatment criminals receive.”
Erin Lehane, spokesperson for Working Californians Against Corruption, told HMG-CN, “Because of her violation of the Assembly’s sexual harassment policy, resulting in the Speaker stripping her of all committees, the only power Garcia now has is to push a button voting yes and no, and she can’t even be bothered to do that when actual lives are at stake in key legislation. The district deserves, in the least, representation that prioritizes the safety of its most vulnerable residents.”
Teala Schaff, Garcia’s communications director, minced words while telling HMG-CN, “There are three options listed: Ayes, Noes and No Vote Recorded. She did not vote on those bills, i.e No Vote Recorded.”
