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SB-699 The Alycia “LaLa” Reynaga Act.(2021-2022)

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Date Published: 06/15/2022 09:00 PM
SB699:v95#DOCUMENT

Amended  IN  Assembly  June 15, 2022
Amended  IN  Assembly  June 01, 2022
Amended  IN  Assembly  June 28, 2021
Amended  IN  Senate  March 24, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 699

Introduced by Senator Eggman
(Principal coauthor: Assembly Member Villapudua)
(Coauthor: Senator Min)
(Coauthor: Assembly Member Petrie-Norris)

February 19, 2021

An act to add Section 12022.6 to the Penal Code, relating to enhancements.


LEGISLATIVE COUNSEL'S DIGEST


SB 699, as amended, Eggman. The Alycia “LaLa” Reynaga Act.
Existing law imposes various sentence enhancements, consisting of additional and consecutive terms of imprisonment, including, among others, enhancements for being armed with a firearm during the commission of a felony, being armed with a firearm during the commission of a street gang crime, as defined, being armed with ammunition designed to penetrate armor during the commission of a felony, furnishing a firearm to another for the purpose of aiding, abetting, or enabling that person to commit a felony, using a firearm during the commission of a felony, and the infliction of great bodily injury on any person other than an accomplice during the commission of a felony. Existing law requires that a court dismiss an enhancement if it is in the furtherance of justice to do so, as specified.
This bill, the Alycia “LaLa” Reynaga Act, would impose a sentence enhancement in the state prison of 2, 3, or 4 years for committing or attempting to commit specific offenses at or adjacent to a public or private school, church, temple, synagogue, mosque, or other place of worship or at an activity sponsored by a public or private school, church, temple, synagogue, mosque, or other place of worship, as specified.
The bill would also also, notwithstanding the limitation on imposing a sentence enhancement if application of the enhancement would result in a sentence of more than 20 years, impose a sentence enhancement in the state prison of 10 years for committing or attempting to commit murder at or adjacent to a public or private school, church, temple, synagogue, mosque, or other place of worship or at an activity sponsored by a public or private school, church, temple, synagogue, mosque, or other place of worship, as specified. Because this bill would impose additional duties on local prosecutors by creating new enhancements with additional elements, 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: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 This act shall be known and cited as the Alycia “LaLa” Reynaga Act.

SEC. 2.

 Section 12022.6 is added to the Penal Code, to read:

12022.6.
 (a) (1) Any person who, during the commission or attempted commission of any offense specified in paragraph (2) on the grounds of, in a building at, or in the adjacent surroundings of a public or private school, or at an activity sponsored by a public or private school, knows or reasonably should know that the victim is a student, school employee, or school volunteer and who, with the intent to inflict great bodily injury, inflicts great bodily injury on a student, school employee, or school volunteer, or fetus shall be punished by an additional and consecutive term of imprisonment in the state prison for two, three, or four years.
(2) This subdivision applies to the following offenses:
(A) Manslaughter, in violation of Section 192.
(B) Mayhem, in violation of Section 203 or 205.
(C) Kidnapping, in violation of Section 207, 209, or 209.5.
(D) Robbery, in violation of Section 211.
(E) Carjacking, in violation of Section 215.
(F) Assault with intent to commit a specified felony, in violation of Section 220.
(G) Rape, in violation of Section 261 or former Section 262.
(H) Rape or sexual penetration in concert, in violation of Section 264.1.
(I) Sodomy, in violation of Section 286.
(J) Oral copulation, in violation of Section 287 or former Section 288a.
(K) Lewd act on a child, in violation of Section 288 or 288.5.
(L) Sexual penetration, in violation of Section 289.
(b) Any Notwithstanding subparagraph (C) of paragraph (3) of subdivision (c) of Section 1385, any person who, during the commission or attempted commission of a murder, in violation of Section 187, on the grounds of, in a building at, or in the adjacent surroundings of a public or private school, or at an activity sponsored by a public or private school, knows or reasonably should know that the victim is a student, school employee, or school volunteer and who, with the intent to inflict great bodily injury or death, inflicts great bodily injury on or causes the death of a student, school employee, or school volunteer, or fetus shall be punished by an additional and consecutive term of imprisonment in the state prison for 10 years.
(c) (1) Any person who, during the commission or attempted commission of any offense specified in paragraph (2) on the grounds of, in a building at, or in the adjacent surroundings of a church, temple, synagogue, mosque, or other place of worship, or at an activity sponsored by a church, temple, synagogue, mosque, or other place of worship, with the intent to inflict great bodily injury, inflicts great bodily injury on a human being or a fetus, shall be punished by an additional and consecutive term of imprisonment in the state prison for two, three, or four years.
(2) This subdivision applies to the following offenses:
(A) Manslaughter, in violation of Section 192.
(B) Mayhem, in violation of Section 203 or 205.
(C) Kidnapping, in violation of Section 207, 209, or 209.5.
(D) Robbery, in violation of Section 211.
(E) Carjacking, in violation of Section 215.
(F) Assault with intent to commit a specified felony, in violation of Section 220.
(G) Rape, in violation of Section 261 or former Section 262.
(H) Rape or sexual penetration in concert, in violation of Section 264.1.
(I) Sodomy, in violation of Section 286.
(J) Oral copulation, in violation of Section 287 or former Section 288a.
(K) Lewd act on a child, in violation of Section 288 or 288.5.
(L) Sexual penetration, in violation of Section 289.
(d) Any Notwithstanding subparagraph (C) of paragraph (3) of subdivision (c) of Section 1385, any person who, during the commission or attempted commission of a murder, in violation of Section 187, on the grounds of, in a building at, or in the adjacent surroundings of a church, temple, synagogue, mosque, or other place of worship, or at an activity sponsored by a church, temple, synagogue, mosque, or other place of worship, with the intent to inflict great bodily injury or death, inflicts great bodily injury on or causes the death of a human being or a fetus, shall be punished by an additional and consecutive term of imprisonment in the state prison for 10 years.

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.