Crimes: rape.

Chapter number 599 was assigned and the Governor's approval and filing date (October 11, 2025) were added to the document header.

Legislative tracking information (Senate/Assembly passage dates, receipt by Governor, private secretary signature block) was removed as it is no longer needed once the bill becomes law.

Text formatting, indentation, and page numbering were adjusted to match the official chaptered law layout. Page numbers changed from 96 to 95 and headers changed from 'SB 258' to 'Ch. 599.'

Section 261(a)(1) was restructured into subparts (A) and (B). Subpart (A) adds 'at the time' language, establishes a presumption that a person with a disability is NOT presumed unable to give legal consent due to that disability, references voluntary supports under Division 11.5 of the Welfare and Institutions Code, and clarifies that prosecution under other paragraphs or laws is not precluded.

A new definition (b)(2) for 'incapable, because of a mental disorder or developmental or physical disability, of giving legal consent' was added, defining it as being at the time of intercourse either unable to understand the nature of the act or transaction involved, or unable to act freely and voluntarily, due to the disability.

New subpart (a)(1)(B) requires that when determining whether a person is incapable of giving legal consent due to disability, both any mitigating measures in place (as defined in a specific California Code of Regulations section as it existed on January 1, 2025) and any voluntary supports in place under Division 11.5 must be considered.

A typo in paragraph (3) was corrected: 'an intoxicating or anesthetic substance, substance or a controlled substance' was changed to 'an intoxicating or anesthetic substance or a controlled substance' (removing a duplicated word).

Senator Cervantes was elevated from coauthor to primary sponsor, Senator Richardson was added as a Senate coauthor, and Assembly Member Stefani was added as an Assembly coauthor.

Removed the phrase 'who is not the spouse of the person committing the act' from Section 261(a)(1), eliminating the spousal exception so that a spouse can now be charged with rape for having intercourse with an incapacitated spouse under this paragraph.

Deleted the sentence 'This paragraph does not preclude the prosecution of a spouse committing the act from being prosecuted under any other paragraph of this subdivision or any other law,' which had served as a savings clause preserving spousal prosecution under other provisions.

Expanded the list of authors and coauthors to include Senator Cervantes as an additional author, plus Senators Grayson, Hurtado, McNerney, and Weber Pierson, and nine Assembly members as coauthors.

A duplicate word 'substance' appears in Section 261(a)(3) in the amended version ('an intoxicating or anesthetic substance, substance or a controlled substance'), which appears to be a drafting error.

Bill reformatted from amended assembly format (with line numbers) to clean enrolled bill format

Coauthor list, fiscal note summary (vote/appropriation/fiscal committee lines), and 'as amended' designation removed as part of standard enrollment formatting

Enrollment language added: Senate passage date (September 12, 2025), Assembly passage date (September 11, 2025), governor receipt block, and approval signature line