Bergeson Sex-Crime Bill Gains Momentum : Legislature: Newport Beach senator’s ‘one-strike’ measure would jail rapists, child molesters for life. It’s riding the get-tough wave.

With the planned parole of two notorious serial rapists creating public outrage, an Orange County lawmaker has landed in the midst of the state’s latest anti-crime crusade--ensuring that sex offenders are jailed for life.

Sen. Marian Bergeson (R-Newport Beach) is pushing a “one strike and you’re out” bill that would require first-time convicted rapists and child molesters to spend life in prison without the possibility of parole. Although reviled by civil libertarians, the proposal seems to have election-year support.

Bergeson’s bill has gained steam with the outcry in recent days over the parole of repeat rapist Melvin A. Carter, who was released in a remote Northern California town after serving less than half his 25-year sentence. Residents of Claremont, meanwhile, protested this week after learning that Christopher Evans Hubbart--believed to be responsible for 50 rapes--was to be paroled there.

The two cases prompted Gov. Pete Wilson to complain that he is “outraged and sickened” that 250 rapists are released from prison each month under current state laws. He also began drumming up support for Bergeson’s “one-strike” bill, which is part of the governor’s legislative package.

“I urge anyone concerned about brutal rapists . . . to support our ‘one-strike’ legislation,” Wilson said. “Changing the law is the only way to give Californians the protections they need from these types of sexual predators.”

While the governor makes his pitch, the measure is attracting harsh criticism from the American Civil Liberties Union and other groups.

“It’s absurd,” said Francisco Lobaco, an ACLU legislative advocate in Sacramento. “We’ll have to oppose the bill. It just makes the sentences disproportionate for the underlying crime. The sentences are already severe.”

Lobaco said that felons convicted of sex crimes routinely serve consecutive prison sentences for each conviction, with additional counts adding to their time behind bars. Rapists currently can be punished with a sentence of up to eight years for a single count, with additional counts adding to the sentence.

Critics also suggest that the threat of life sentences for child molesters could have a chilling effect among families that might otherwise report a problem within their midst. Moreover, some say that life sentences for crimes such as date rape would be too severe.

But with the public in an uproar over crime, most lawmakers have been eager this year to prove they can pass tough anti-crime bills, a reality not lost on civil libertarians such as Lobaco.

“All crime bills are political efforts, especially in an election year,” he said. “This is just one of many. It’s unfortunate that it lacks rationality.”

Bergeson argues that the bill is necessary because most perpetrators of sex crimes are repeat offenders who rarely respond to rehabilitation.

“I don’t want to allow them a chance at that second victim,” Bergeson said. “When you convict someone for rape or brutally molesting a child, that person should lose their right to freedom.”

She said the bill could tap into the same sort of public fury and political pressure that in recent weeks pushed the “three strikes” anti-crime bill through the Legislature at a break-neck pace.

“I think it’s very much in keeping with the same momentum and the same sort of response,” Bergeson said. “People are outraged to see those convicted of violent sex crimes released back onto the streets. I’m very optimistic it can get through the Legislature.”

The bill could face its toughest test early next month, when it goes before the Senate Judiciary Committee headed by Sen. David A. Roberti (D-Van Nuys), a strong civil libertarian. Roberti, however, faces a recall attempt on April 12 mounted by gun rights activists, and Capitol insiders suggest the longtime lawmaker would not be in any position to block or dramatically water down Bergeson’s bill.

In past years, the Assembly Public Safety Committee has been the graveyard for such legislation. The committee has been reconstituted this year, however, and has shown a marked propensity for approving tougher anti-crime measures.

“Bills have not had the problem there that they’ve had in the past,” Bergeson said. “I think that committee has become more responsive to the public outcry.”