SB 967 (introduced by state Senator Kevin de Leon (D, Los Angeles) Hannah-Beth Jackson (D, Santa Barbara)) passed the state Senate on a 27-9 vote on May 29 with the "yes" vote of state Senator Ricardo Lara (D., Long Beach-Huntington Park).

LBREPORT.com provides the full text of the measure and the vote tally in the state Senate as it heads to the Assembly.

Assemblywoman Lowenthal is term limited and will exit the Assembly in November. Long Beach Councilman Patrick O'Donnell (Dem) will face businessman John Goya (Repub) on the November ballot, seeking to succeed Lowenthal who has endorsed O'Donnell.

As passed by the state Senate, SB 967 defines affirmative consent as "an affirmative, unambiguous, and conscious decision by each participant to engage in mutually agreed-upon sexual activity. Consent is informed, freely given, and voluntary. It is the responsibility of the person initiating the sexual activity to ensure that he or she has the consent of the other person to engage in the sexual activity. Lack of protest or resistance does not mean consent." The bill provides that "[c]onsent must be ongoing throughout a sexual encounter and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent."

The measure specifies that in evaluating complaints under the school's disciplinary process, it shall not be a valid excuse that the accused believed that the complainant consented to the sexual activity if the "accused's belief in consent arose from the self-induced intoxication or recklessness of the accused" or "the accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain that the complainant was consenting."

It also prevents an accused from offering as a valid excuse that the accused believed the complainant consented to the sexual activity if the accused "knew or reasonably should have known" the complainant was unable to consent to the sexual activity because the complainant was incapacitated due to drugs, alcohol, or medication, "so that the complainant could not understand the fact, nature, or extent of the sexual situation" or the complainant "was unable to communicate due to a mental or physical condition."

The bill would apply a preponderance of evidence standard [not the "beyond a reasonable doubt" level of proof required in criminal proceedings] in determining discriplinary action to be imposed on an accused.

The bill also specifies that the governing board of each CA community college district, CSU Trustees and UC Regents and the governing boards of independent post-secondary institutions "shall adopt detailed and victim-centered sexual 6assault policies and protocols that comport with best practices and current professional standards" and "shall implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking" that includes, but isn't limited to "women's empowerment programming, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction."

The most recent state Senate legislative analysis of the measure indicated that as of May 27, SB 967 had the support of the CSU Student Association and UC Student Association as well as state Superintendent of Public Instruction, Tom Torlakson [now seeking reelection]. It listed opposition from Stop Abusive and Violent Relationships and the National Coalition for Men.

In a May 29 release, Senator de Leon's office said the bill highlights "the need for a major culture change." "The federal government is currently investigating 55 colleges and universities. Obviously, there is a problem," said Senator De León. "SB 967 will change the equation so the system is not stacked against survivors by establishing an affirmative consent policy to make it clear that only "yes" means "yes."

In the reease, state Senator Jackson said, "This past weekend’s events in Isla Vista confirm that misogyny exists on and around our campuses, and we need to confront it...This bill makes a strong statement that California is moving from a culture of acceptance to a ‘no excuses’ culture. No excuses for rape. No excuses for blaming the victims of rape. No excusing for not supporting these victims. And no excuses for colleges and universities turning a blind eye to the problem of campus sexual assault and violence."

To view the state Senate vote on the measure, click here.

To view the full text of the bill, click here.

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