State Senator Scott Wiener is facing sharp criticism for amendments made to a California bill aimed at preventing individuals convicted of certain sex offenses from holding elected office. Critics contend that the changes, which were incorporated into Assembly Bill 2691, create exemptions that could allow individuals convicted of serious crimes against minors to still seek public office.
At a recent hearing, opponents voiced dismay over exemptions that would exclude acts of sodomy, oral copulation, and sexual penetration involving minors under 18 from the bill's definition of sexual assault. Further exemptions would exclude individuals over 21 who engage in sexual acts with those younger than 16, even when such acts are automatically charged as felonies.
"Our honest reaction was that it could not be real. We assume we’ve misread it. We sat in our office and tried to imagine how anyone could stand up and defend it," said Greg Burt, vice president of the California Family Council, during the hearing. "So I’m here today generally hoping someone will tell us why crimes against children are being carved out of this bill."
These legislative efforts were prompted by public outcry following attempts by individuals with sex offense convictions to run for local office, including a Fresno child sex offender who sought a city council seat. Revelations about a former congressman's alleged sexual misconduct also fueled the push for stricter regulations.
Conservative groups have accused Wiener, who chairs the state senate's elections committee, of undermining the bill's intent. David Bolog of the Serving Family Values Alliance stated that the exemptions forced his organization to oppose the legislation, calling the current version baffling and contrary to the bill's apparent purpose.
The amendments in question, which were made when AB 2691 was before the senate's elections committee, specified that certain criminal statutes would not be classified as "sexual assault" under the bill's provisions. This specifically applied to violations of state penal codes covering sodomy, oral sex, and sexual penetration with a minor. The current language maintains that individuals over 21 committing such acts with someone under 16 are guilty of a felony.
Wiener's office has stated that the amendments were intended to prevent young adults, who may have recently turned 18 and engaged in relationships with partners under 16, from being unfairly penalized. According to the senator's office, such cases are often treated as misdemeanors, and the amendments ensured that no felonies were removed from consideration. "There were no felonies in any of the amendments removed out, no felonies," Wiener asserted during the hearing.
Wiener has also expressed opposition to another bill, AB 2753, which would have broadly banned registered sex offenders from seeking office. That measure did not pass but is slated for reconsideration. Wiener has previously argued that the California sex offender registry is overly broad and unfairly targets gay men, citing historical instances where consensual sexual activity resulted in lifelong registration.
