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SB-976 Violent felonies.(2017-2018)

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Date Published: 04/09/2018 09:00 PM
SB976:v97#DOCUMENT

Amended  IN  Senate  April 09, 2018
Amended  IN  Senate  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 976


Introduced by Senator Bates

February 01, 2018


An act to amend Sections 667.5 and 2933.5 of the Penal Code, relating to crime.


LEGISLATIVE COUNSEL'S DIGEST


SB 976, as amended, Bates. Violent felonies.
The California Constitution, as amended by Proposition 57 at the November 8, 2016, statewide general election, makes a person sentenced to state prison for a conviction of a nonviolent felony offense eligible for parole consideration after completing the full term for his or her primary offense, as specified. Existing law classifies certain felonies as violent felonies and certain felonies as serious felonies for purposes of various provisions of the Penal Code. Existing law specifies certain offenses for which a person is required to register as a sex offender.
This bill would specify that a nonviolent felony offense for purposes of the above parole eligibility does not include a felony classified as a violent felony, and would also define a serious felony or an offense that requires registration as a sex offender as a violent felony for these purposes.

Existing law, as amended by Proposition 21 as approved by the voters at the March 7, 2000, statewide primary election and by Proposition 83 at the November 7, 2006, statewide general election, classifies certain felonies as violent felonies for purposes of various provisions of the Penal Code. Existing law generally imposes an additional one-year term for a felony and 3-year term for a violent felony for each prior separate prison term served for a felony or a violent felony, respectively. The Legislature may amend these initiative statutes by a statute passed in each house by a 23 vote. Proposition 83 further allows for amendment by majority vote under specified circumstances.

This bill would additionally classify specified serious felonies and an offense that requires registration as a sex offender as violent felonies for purposes of imposing specified sentence enhancements. The bill would also make conforming changes.

Because this bill would increase the duties of local officials in regard to prosecuting these crimes, it would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: TWO_THIRDSMAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 667.5 of the Penal Code is amended to read:

667.5.
 Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:
(a) Where If one of the new offenses is one of the violent felonies specified in subdivision (c), in addition and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant where if the prior offense was one of the violent felonies specified in subdivision (c). However, no additional term shall be imposed under this subdivision for a prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense that results in a felony conviction.
(b) Except where if subdivision (a) applies, where if the new offense is any felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term or county jail term imposed under subdivision (h) of Section 1170 or when if sentence is not suspended for a felony; provided that no felony. An additional term shall not be imposed under this subdivision for a prison term or county jail term imposed under subdivision (h) of Section 1170 or when if sentence is not suspended prior to a period of five years in which the defendant remained free of both the commission of an offense that results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or any felony sentence that is not suspended. A term imposed under paragraph (5) of subdivision (h) of Section 1170, wherein a portion of the term is suspended by the court to allow mandatory supervision, shall qualify as a prior county jail term for the purposes of the one-year enhancement.
(c) The Legislature finds and declares that these specified the crimes specified in this subdivision merit special consideration when imposing a sentence to display society’s condemnation for these extraordinary crimes of violence against the person. For the purpose of this section, “violent felony” shall mean any of the following:
(1) Murder or voluntary manslaughter.
(2) Mayhem.
(3) Rape, as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.
(4) Sodomy, as defined in subdivision (c) or (d) of Section 286.
(5) Oral copulation, as defined in subdivision (c) or (d) of Section 288a.
(6) Lewd or lascivious act, as defined in subdivision (a) or (b) of Section 288.
(7) Any felony punishable by death or imprisonment in the state prison for life.
(8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice that has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.
(9) Robbery.
(10) Arson, in violation of subdivision (a) or (b) of Section 451.
(11) Sexual penetration, as defined in subdivision (a) or (j) of Section 289.
(12) Attempted murder.
(13) A violation of Section 18745, 18750, or 18755.
(14) Kidnapping.
(15) Assault with the intent to commit a specified felony, in violation of Section 220.
(16) Continuous sexual abuse of a child, in violation of Section 288.5.
(17) Carjacking, as defined in subdivision (a) of Section 215.
(18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.
(19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22.
(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22.
(21) Burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.
(22) A violation of Section 12022.53.
(23) A violation of subdivision (b) or (c) of Section 11418.

(d)For purposes of this section only, “violent felony” also means any of the following:

(d) A “violent felony,” as specified in subdivision (c) is not a nonviolent felony offense for purposes of Section 32 of Article I of the California Constitution. For purposes of Section 32 of Article I of the California Constitution only, a “violent felony” also includes any of the following:
(1) A serious felony as specified in subdivision (c) of Section 1192.7.
(2) An offense that requires registration as a sex offender pursuant to Section 290.
(e) For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody, including any period of mandatory supervision, or until release on parole or postrelease community supervision, whichever first occurs, including any time during which the defendant remains subject to reimprisonment or custody in county jail for escape from custody or is reimprisoned on revocation of parole or postrelease community supervision. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense.
(f) The additional penalties provided for prior prison terms shall not be imposed for any felony for which the defendant did not serve a prior separate term in state prison or in county jail under subdivision (h) of Section 1170.
(g) A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, if committed in California, is punishable by imprisonment in the state prison or in county jail under subdivision (h) of Section 1170 if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense that includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction.
(h) A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprisonment on revocation of parole that is not accompanied by a new commitment to prison, and including reimprisonment after an escape from incarceration.
(i) Serving a prison term includes any confinement time in a state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement.
(j) For purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals, as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term.
(k) For purposes of this section, when a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term served in state prison.
(l) (1) Notwithstanding subdivisions (d) and (g) or any other law, where one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section.
(2) This subdivision shall not apply when a full, separate, and consecutive term is imposed pursuant to any other law.

SEC. 2.

 Section 2933.5 of the Penal Code is amended to read:

2933.5.
 (a) (1) Notwithstanding any other law, every person who is convicted of any felony offense listed in paragraph (2), and who previously has been convicted two or more times, on charges separately brought and tried, and who previously has served two or more separate prior prison terms, as defined in subdivision (h) of Section 667.5, of any offense or offenses listed in paragraph (2), shall be ineligible to earn credit on his or her term of imprisonment pursuant to this article.
(2) As used in this subdivision, “felony offense” includes any of the following:
(A) Murder, as defined in Sections 187 and 189.
(B) Voluntary manslaughter, as defined in subdivision (a) of Section 192.
(C) Mayhem, as defined in Section 203.
(D) Aggravated mayhem, as defined in Section 205.
(E) Kidnapping, as defined in Section 207, 209, or 209.5.
(F) Assault with vitriol, corrosive acid, or caustic chemical of any nature, as described in Section 244.
(G) Rape, as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.
(H) Sodomy by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, as described in subdivision (c) of Section 286.
(I) Sodomy while voluntarily acting in concert, as described in subdivision (d) of Section 286.
(J) Lewd or lascivious acts on a child under the age of 14 years, as described in subdivision (b) of Section 288.
(K) Oral copulation by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, as described in subdivision (c) of Section 288a.
(L) Continuous sexual abuse of a child, as described in Section 288.5.
(M) Sexual penetration, as described in subdivision (a) of Section 289.
(N) Exploding a destructive device or explosive with intent to injure, as described in Section 18740, with intent to murder, as described in Section 18745, or resulting in great bodily injury or mayhem, as described in Section 18750.
(O) Any felony in which the defendant personally inflicted great bodily injury, as provided in Section 12022.53 or 12022.7.
(b) A prior conviction of an offense listed in subdivision (a) shall include a conviction in another jurisdiction for an offense which includes all of the elements of the particular felony as defined under California law.
(c) This section shall apply whenever the present felony is committed on or after the effective date of this section, regardless of the date of commission of the prior offense or offenses resulting in credit-earning ineligibility.
(d) This section shall be in addition to, and shall not preclude the imposition of, any applicable sentence enhancement terms, or probation ineligibility and habitual offender provisions authorized under any other section.

SEC. 3.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.