Sacramento, CA…California District Attorney Association calls Senator Alvarado-Gil an effective leader. Today, Governor Newsom signed Senate Bill 268 into law, marking a monumental step forward in the fight for victims’ rights. Authored by Republican Senator Marie Alvarado-Gil (R-Jackson), SB 268 closes a dangerous legal loophole by officially classifying the rape of an unconscious or intoxicated person as a violent felony.

In 2014 when Democrats advocated for Proposition 57, it weakened the penal code that would have allowed prosecutors to go after perpetrators who raped an unconscious person as a violent felony. Thus, prosecutors could only charge those perpetrators who committed these types of unspeakable crimes as a misdemeanor. With Senator Alvarado-Gil’s legislation, SB 268 will undo this injustice and ensure those perpetrators are held accountable and be charged with a felony.

“This is a victory not just for the victims of sexual violence but for justice itself,” said Senator Marie Alvarado-Gil. “For too long, our legal system has overlooked the severity of this crime, treating it as a lesser offense. Today, with the governor’s signature, we have sent a clear message: California stands with victims and will punish perpetrators of such heinous acts to the full extent of the law. I thank the governor for his leadership and my colleagues in the Legislature for their support.”

This comes as a major win for Senator Alvarado-Gil, who just crossed the aisle last month to join the Republican Party. The senator’s historic move exemplifies her unwavering commitment to justice and victims’ rights not just in Senate District 4, but across all California.

Law enforcement leaders across the state, who have been steadfast supporters of SB 268, also hailed the bill’s signing as a major advancement in public safety.

“Any defendant who drugs someone and then rapes them while unconscious doesn’t deserve a sentencing discount for committing a non-violent felony. Rape of an unconscious person is rape, period,” stated Allison Haley, Napa County District Attorney and President of the California District Attorneys Association. “The CDAA applauds Senator Alvarado-Gil for her leadership and congratulates her on the passage of SB 268.”

SB 268 represents the closure that Tonja Balden and countless survivors of sexual assault have fought for over decades. Tonja’s assailant, Andrew Luster, a serial rapist who was convicted of intentionally drugging and raping numerous women in the early 2000s, is now up for early release. This is because, until now, the rape of an intentionally intoxicated person was not classified as a violent crime.

“What a tremendous win this is! It’s hard to believe the intentional drugging and rape of a person was not considered a violent crime until this bill passed,” Tonja Balden emphasized. “I had faith that our state would correct this, and it did. Although this will not prevent the monster who raped me from getting out of prison early, it will prevent future offenders from an early release, and that is paramount.”

SB 268’s journey to the governor’s desk was not without challenges. Introduced as a two-year bill in 2023, it faced initial resistance in the Assembly Public Safety Committee. This year, the bill garnered widespread support from top law enforcement officials, survivors’ advocates, and state leaders, including State Treasurer Fiona Ma and Lieutenant Governor Eleni Kounalakis.

“SB 268 is a true testament to the power of persistence and the importance of prioritizing victims’ rights over the interests of perpetrators,” Senator Alvarado-Gil continued. “I am proud of the work we have done in making California a safer and more just place for all.”

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Senator Alvarado-Gil represents the 4^th Senate District including the Counties of Alpine, Amador, Calaveras, El Dorado, Inyo, Madera, Mariposa, Merced, Mono, Nevada, Placer, Stanislaus, and Tuolumne.