SACRAMENTO (CBS / AP) – California Gov. Jerry Brown will decide whether to make sexually assaulting an unconscious or severely intoxicated person a crime that is ineligible for probation.

The measure is a response to former Stanford University swimmer Brock Turner’s six-month jail sentence for assaulting an unconscious woman. He is scheduled to be released this week.

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The proposed legislation would prohibit probation in such cases, effectively requiring jail time for anyone convicted of rape or sexual assault of an unconscious or intoxicated person.

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The Assembly approved Senate amendments on Monday, sending AB2888 to Brown on a 66-0 vote.

Democratic Assemblyman Bill Dodd of Napa says the bill clarifies that a victim cannot consent while unconscious or incapacitated by drugs, alcohol or medication. He says letting perpetrators off with little jail time further harms victims.

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