Today's Law As Amended


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AB-31 Sentencing: violent felonies.(1993-1994)



As Amends the Law Today


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)   If Where  one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to  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 when where  the prior offense was one of the violent felonies specified in subdivision (c). However, an no  additional term shall not  be imposed under this subdivision for any 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 which  results in a felony conviction.  
(b)   Except when where  subdivision (a) applies, if where  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,  is imposed,  in addition and consecutive to any other sentence  prison terms  therefor, the court shall impose a one-year term for each prior separate prison term for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, provided that an served for any felony; provided that no  additional term shall not  be imposed under this subdivision for any prison term served prior to a period of five years in which the defendant remained free of both prison custody and  the commission of an offense that which  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. conviction.  
(c) The Legislature     finds and declares that the following specified crimes 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” means  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 former Section 262. 261.  
(4)   Sodomy as defined in subdivision (c) or (d) of Section 286. by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.  
(5)   Oral copulation as defined in subdivision (c) or (d) of Section 287 or of former Section 288a. by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.  
(6)   Lewd or lascivious act as defined in subdivision (a) or (b) of  acts on a child under the age of 14 years as defined in  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 a any  person other than an accomplice, accomplice  which has been charged and proved as provided for in Section 12022.7, 12022.8,  12022.7  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  Section  12022.5 or 12022.55.  
(9)   Any robbery perpetrated in an inhabited dwelling house, vessel, as defined in Section 21 of the Harbors and Navigation Code, which is inhabited and designed for habitation, inhabited trailer coach, as defined in the Vehicle Code, or in the inhabited portion of any other building, wherein it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of that  robbery.  
(10)   Arson, Arson  in violation of subdivision (a) or (b)  of Section 451.  
(11)   Sexual penetration as  The offense  defined in subdivision (a) or (j) of Section 289. of Section 289 where the act is accomplished against the victim’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.  
(12)   Attempted murder.  
(13)   A violation of Section 18745, 18750, or 18755. 12308.  
(14)   Kidnapping. Kidnapping in violation of subdivision (b) of Section 207.  
(15) Assault   with the intent to commit a specified felony, in violation of Section 220. Kidnapping, as punished in subdivision (b) of Section 208.  
(16)   Continuous sexual abuse of a child, child  in violation of Section 288.5.  
(17) Carjacking, as defined in subdivision (a) of Section 215.
(18) 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) The  Any 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.  Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence to display society’s condemnation for such extraordinary crimes of violence against the person. 
(22) Any violation of Section 12022.53.
(23) A violation of subdivision (b) or (c) of Section 11418.
(d)   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,  custody  or until release on parole or postrelease community supervision,  whichever first occurs, 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.  parole.  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.  
(e)   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. prison.  
(f)   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 which  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.  
(g)   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 which  is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.  
(h)   Serving a prison term includes any confinement time in any 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.  
(i)   For the purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals,  Health  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.  
(j)   For the purposes of this section, when a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation  Director of Corrections  is incarcerated at a facility operated by the Division of Juvenile Justice,  Department of the Youth Authority,  that incarceration shall be deemed to be a term served in state prison.  
(k)   (1)  Notwithstanding subdivisions (d) and (g) or any other provision of  law, when 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 does shall  not apply when a full, separate, and consecutive term is imposed pursuant to any other provision of  law.

SEC. 2.

 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)   If Where  one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to  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 when where  the prior offense was one of the violent felonies specified in subdivision (c). However, an no  additional term shall not  be imposed under this subdivision for any 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 which  results in a felony conviction.  
(b)   Except when where  subdivision (a) applies, if where  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,  is imposed,  in addition and consecutive to any other sentence  prison terms  therefor, the court shall impose a one-year term for each prior separate prison term for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, provided that an served for any felony; provided that no  additional term shall not  be imposed under this subdivision for any prison term served prior to a period of five years in which the defendant remained free of both prison custody and  the commission of an offense that which  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. conviction.  
(c) The Legislature     finds and declares that the following specified crimes 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” means  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 former Section 262. 261.  
(4)   Sodomy as defined in subdivision (c) or (d) of Section 286. by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.  
(5)   Oral copulation as defined in subdivision (c) or (d) of Section 287 or of former Section 288a. by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.  
(6)   Lewd or lascivious act as defined in subdivision (a) or (b) of  acts on a child under the age of 14 years as defined in  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 a any  person other than an accomplice, accomplice  which has been charged and proved as provided for in Section 12022.7, 12022.8,  12022.7  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  Section  12022.5 or 12022.55.  
(9)   Any robbery perpetrated in an inhabited dwelling house, or vessel as defined in Section 21 of the Harbors and Navigation Code which is inhabited and designed for habitation, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, an inhabited trailer coach as defined in the Vehicle Code, or in the inhabited portion of any other building, wherein it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of that  robbery.  
(10)   Arson, Arson  in violation of subdivision (a) or (b)  of Section 451.  
(11)   Sexual penetration as  The offense  defined in subdivision (a) or (j) of Section 289. of Section 289 where the act is accomplished against the victim’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.  
(12)   Attempted murder.  
(13)   A violation of Section 18745, 18750, or 18755. 12308.  
(14)   Kidnapping. Kidnapping in violation of subdivision (b) of Section 207.  
(15) Assault   with the intent to commit a specified felony, in violation of Section 220. Kidnapping, as punished in subdivision (b) of Section 208.  
(16)   Continuous sexual abuse of a child, child  in violation of Section 288.5.  
(17) Carjacking, as defined in subdivision (a) of Section 215.
(18) 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) The  Any 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.  Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence to display society’s condemnation for such extraordinary crimes of violence against the person. 
(22) Any violation of Section 12022.53.
(23) A violation of subdivision (b) or (c) of Section 11418.
(d)   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,  custody  or until release on parole or postrelease community supervision,  whichever first occurs, 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.  parole.  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.  
(e)   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. prison.  
(f)   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 which  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.  
(g)   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 which  is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.  
(h)   Serving a prison term includes any confinement time in any 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.  
(i)   For the purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals,  Health  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.  
(j)   For the purposes of this section, when a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation  Director of Corrections  is incarcerated at a facility operated by the Division of Juvenile Justice,  Department of the Youth Authority,  that incarceration shall be deemed to be a term served in state prison.  
(k)   (1)  Notwithstanding subdivisions (d) and (g) or any other provision of  law, when 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 does shall  not apply when a full, separate, and consecutive term is imposed pursuant to any other provision of  law.
SEC. 3.
 Section 2 of this bill incorporates amendments to Section 667.5 of the Penal Code proposed by both this bill and AB 112. It shall only become operative if (1) both bills are enacted and become effective on January 1, 1994, (2) each bill amends Section 667.5 of the Penal Code, and (3) this bill is enacted after AB 112, in which case Section 1 of this bill shall not become operative.