Senate President Pro Tem Kevin de Leon (D-Los Angeles) and Assembly Speaker Anthony Rendon (D-Paramount) have been clear that they oppose California allowing the state or its sanctuary cities from cooperating with immigration officials unless the individual committed a violent crime.
Under California law, throwing acid at someone or rape of an unconscious, intoxicated or mentally ill victim is not considered a violent crime. Neither is vehicular manslaughter, assault with a deadly weapon, arson, solicitation of murder or exploding a destructive device or explosive with intent to injure.
A recent article by Jazmine Ulloa, Los Angeles Times makes this clear distinction:
After being accused of rape, Andrew Luster jumped his $1-million bail and was later captured in Mexico by a bounty hunter on TV.
Ventura County prosecutors said he drugged three women and videotaped the assaults, and a jury convicted him of 86 counts of poisoning, sexual battery and rape of an unconscious or intoxicated person. But with none of his offenses listed among the 23 crimes that California considers “violent” felonies in its penal code….
In drawing the line at crime violence, why would Kevin de Leon and Anthony Rendon extend sanctuary and protection to predators like Andrew Luster?
While Eric Holder will be in Sacramento tomorrow, collecting his $25,000 a-month-taxpayer-funded-check from the state’s taxpayers via our Legislature, he needs to be the adult in the room and ask the Democratic leadership to remove their rose-colored glasses and realize that there are distinctions between “hardened criminals,” “undocumented immigrants,” and those who perpetrate the abbreviated state list of “violent crimes.”
Ending “sanctuary city” ordinances does not mean that law enforcement in those communities become “quasi immigration enforcement officers.” Rather, it reopens the door to the real need of providing continued cooperation between law enforcement and immigration officials and ensuring societally dangerous and violent criminals are identified, detained and deported. They should also include those convicted of gang activities, rape, arson or those who sexually assault the elderly or mentally ill victims.
The following crimes are not covered by the definition of violent crimes under recently passed Proposition 57:
- Vehicular manslaughter
- Human trafficking involving a minor
- Battery with personal infliction of serious bodily injury
- Throwing acid or flammable substance
- Assault with a deadly weapon
- Assault with a deadly weapon on a peace officer or firefighter
- Discharging firearm at an occupied dwelling, building, vehicle or airport
- Rape where victim legally capable of giving consent
- Rape by intoxicating substance
- Rape where victim unconscious of the act
- Rape/sodomy/oral copulation of unconscious person or by use of date rape drugs
- Rape by threat of public official
- Inflicting corporal injury on a child
- Domestic violence
- Arson of a structure or forest land
- Arson of property
- Solicitation to commit murder
- Grand theft firearm
- Assault with a deadly weapon by state prison inmate
- Any felony involving the personal use of a deadly weapon
- Holding a hostage by state prison inmate
- Exploding a destructive device or explosive with intent to injure
Hector Barajas is a partner at Merino, Barajas & Allen, a California strategic communications and public affairs firm. As a nationally recognized expert on Latino politics and public policy issues, he serves as an on-air political analyst for Univision and Telemundo.