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AB 2691 the Public Trust Protection Act

Assemblymember Dawn Addis

If you are a victim of sexual assault or human trafficking, or know of someone who may be, please see resources on our website HERE.

Asm. Addis and guests testifying at committee meeting

"Sexual assault is about power. If a person running for public office advertises and it’s known that they were previously convicted of sexual assault or trafficking, not only is it highly triggering to victims, but it tells the community that the ambitions of the offender is valued over the victim’s safety."
 
— Dorothy, public testimony on AB 2691

What Happens if AB 2691 Is Not Passed?

Without AB 2691, the following crimes will NOT prevent a candidate from running for office or being elected in California:

  • Forced sexual activity with a minor
  • Any type of crude or sexual activity with a child
  • Sexual assault or forced sex by a public official through an abuse of power
  • And much more

The full list of crimes covered by AB 2691, which include egregious acts of child sex assault and sexual coercion by public officials, can be found HERE.

Why Is AB 2691 Necessary?

AB 2691 addresses a legal and safety gap.

AB 2691, will fill a legal and safety gap by permanently banning those convicted of sexual assault and human sex trafficking from being on the ballot / holding elected office. Right now, no law in the nation does this.

In California, certain felony convictions preclude a person from running for or holding state or local elected office. Specifically, a person is not eligible for office if they have been convicted of a felony involving: accepting or giving, or offering to give, any bribe, embezzlement of public money, extortion or theft of public money, perjury, conspiracy to commit any of these crimes under AB 2410 (Fuentes, Chapter 160, Statutes of 2012). These crimes, often referred to as "public trust" crimes, involve the breach of a public official's obligation to exercise their responsibilities in a manner that prioritizes the public interest over private gain.

Public trust is about more than just ensuring that elected officials aren't using their public office to commit crimes for financial gain or power, it is also about ensuring that elected officials aren't committing sexual assault and trafficking crimes that endanger constituent and staff safety.

Elected officials hold prominent positions of influence and authority including unfettered access to and authority over a wide variety of people including vulnerable populations such as children, members of the public in need of help, staffers, and interns; as well as sensitive information that is not available to the public.

Additionally, survivors of sexual assault and human sex trafficking are particularly vulnerable to being retraumatized by the actions, attitudes, institutional signals, and community responses to sex crimes. When the response is to minimize the crime, or elevate the perpetrator to higher levels of power, survivors suffer even more and are often prevented from healing.

Serious crimes of sexual assault and human sex trafficking involve an imbalance of power, coercion, and harm to vulnerable people. These crimes demonstrate that an individual is willing to abuse their power to violate the rights of others. With that in mind, it's imperative that individuals who commit these crimes not be allowed access to candidacy and elected positions where they can use the power of their platform and office to further harm vulnerable people.

Under current California law, someone convicted of sexual assault or human sex trafficking is not barred from running for or holding public office. It is time to expand the list of public trust crimes to include sexual assault and human sex trafficking to ensure that individuals convicted of these crimes are barred from holding the powerful platform of candidacy and position of elected office. AB 2691 will accomplish this goal if signed into law.

AB 2691 is Long Overdue

The #MeToo and #WeSaidEnough movements, revelations from the Epstein files investigation, and other high profile cases of sexual abuse, have enlightened the American public to the prevalence of sexual violence perpetrated by people in power. Along with the publicity there has also been extensive efforts to silence the voices of survivors through fear, intimidation, and litigation. The truth is, not enough has been done to prevent sexual crimes and protect survivors. It is long past time for change.

AB 2691 is a strong and necessary solution to prevent sex predators from having positions of public trust, the bullhorn of candidacy, and access to vulnerable populations. It is vital that AB 2691 is passed and signed into law.

Examples of the violation of the public trust in the form of sexual misconduct, abuse, and assault by elected officials includes but is not limited to:

When Will AB 2691 Be in Its Final Form?

The goal of AB 2691 is to prevent sex assault perpetrators and human sex traffickers from running for or holding public office in California. As with all bills, this one will go through changes as it moves through the legislative process. It will be finalized before it is sent to the Governor's desk.

If signed into law, AB 2691 will make California a leader by permanently banning sexual assault perpetrators and human sex traffickers from running for office in our state.

What Can I Do?

You are invited to join the effort to ensure AB 2691 makes it to the governor's desk and is successfully signed.

Toolkit

Enacted Survivor Protections Legislation

Since serving in the legislature, Assemblymember Addis has focused on ending child sex assault, ensuring accountability for perpetrators, and expanding justice for survivors.

The following legislation authored by Assemblymember Addis is now the law.

AB 452 (2023) - Justice for Survivors of Child Sex Abuse - Removes barriers that prevent survivors of child sexual abuse from seeking justice against their abusers and the institutions that concealed or ignored their claims.

AB 1913 (2024) - Child Abuse Prevention Act - Updates the content of mandated reporter trainings in TK-12 education to include child abuse prevention training.

AB 2295 (2024) - Justice for Survivors of Child Sexual Assault Act - Clarifies that if prosecutors are not able to pursue a child sexual abuse case due to the statute of limitations, they may provide victim assistance, including support with pursuing restorative justice.

AB 1905 (2024) - Title IX Retreat Rights Reform Act - Requires California's public colleges and universities to adopt a policy that prohibits employees from being eligible for retreat rights or receiving letters of recommendation if they are the subject of a sexual harassment complaint and they are determined to have committed the harassment, they resign from their position before a final determination is made, or they enter into a settlement. It also requires institutions to adopt a written policy on settlements and informal resolutions of sexual harassment complaints when the respondent is an employee.

Advocacy to Uplift, Honor, and Protect Survivors

*Assemblymember Addis joined the Working Group on Survivors of Sexual Assault, co-chaired by Jennifer Siebel Newsom and former Alameda County DA Nancy O'Malley, in 2023 to consider and develop reforms to the ways in which sexual assault survivors are treated, from the time they file a report to law enforcement alleging sexual assault to the day they testify in court to what follows after their testimony. Their full report can be found HERE.