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AB-537 Serious felonies.(2017-2018)

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Date Published: 03/22/2017 04:00 AM
AB537:v98#DOCUMENT

Amended  IN  Assembly  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 537

Introduced by Assembly Member Acosta
(Coauthor: Assembly Member Mathis)

February 13, 2017

An act to amend Sections 1170.125 and 1192.7 of the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 537, as amended, Acosta. Serious felonies.
Existing law, as added by Proposition 8, adopted June 8, 1982, and amended by Proposition 21, adopted March 7, 2000, among other things, defines a serious felony. Existing law, also added by Proposition 8, adopted June 8, 1982, and amended by Proposition 36, adopted November 6, 2012, commonly known as the Three Strikes Law, requires increased penalties for certain recidivist offenders in addition to any other enhancement or penalty provisions that may apply, including individuals with current and prior convictions of a serious felony, as specified. Existing law, the Three Strikes Law, specifies that references to code sections contained in the law, including references to the definition of a serious felony, are to those statutes as they existed on November 7, 2012. The Legislature may directly amend Proposition 8 and Proposition 21 by a statute passed in each house by a 2/3 vote, or by a statute that becomes effective only when approved by the voters. The Legislature may directly amend Proposition 36 by a statute passed in each house by a 2/3 vote or by a statute that becomes effective when approved by a majority of the electors.
This bill would amend those initiatives statutes by adding certain felonies, including threatening a witness and human trafficking, witness, human trafficking with the intent to commit a sex offense, exploding a destructive device to terrorize, evading a pursuing peace officer and causing serious bodily injury, and taking a person from the lawful custody of a peace officer by means of a riot, among other crimes, to the definition of a serious felony, as specified. The bill would specify that for all offenses committed on or after January 1, 2018, references to code sections contained in the Three Strikes Law are to those statutes as they read January 1, 2018. Because the bill would impose additional duties on local prosecutors, and because it would expand the punishments for existing crimes, it would impose a state-mandated local program. The bill would make other technical, nonsubstantive changes.
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: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 1170.125 of the Penal Code is amended to read:

1170.125.
 (a) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, General Election, for all offenses committed on or after November 7, 2012, but before January 1, 2018, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on November 7, 2012.
(b) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, General Election, for all offenses committed on or after January 1, 2018, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2018.

SEC. 2.

 Section 1192.7 of the Penal Code is amended to read:

1192.7.
 (a) (1) It is the intent of the Legislature that district attorneys prosecute violent sex crimes under statutes that provide sentencing under a “one strike,” “three strikes” or habitual sex offender statute instead of engaging in plea bargaining over those offenses.
(2) Plea bargaining in any case in which the indictment or information charges any serious felony, any felony in which it is alleged that a firearm was personally used by the defendant, or any offense of driving while under the influence of alcohol, drugs, narcotics, or any other intoxicating substance, or any combination thereof, is prohibited, unless there is insufficient evidence to prove the people’s case, or testimony of a material witness cannot be obtained, or a reduction or dismissal would not result in a substantial change in sentence.
(3) If the indictment or information charges the defendant with a violent sex crime, as listed in subdivision (c) of Section 667.61, that could be prosecuted under Sections 269, 288.7, subdivisions (b) through (i) of Section 667, Section 667.61, or 667.71, plea bargaining is prohibited unless there is insufficient evidence to prove the people’s case, or testimony of a material witness cannot be obtained, or a reduction or dismissal would not result in a substantial change in sentence. At the time of presenting the agreement to the court, the district attorney shall state on the record why a sentence under one of those sections was not sought.
(b) As used in this section “plea bargaining” means any bargaining, negotiation, or discussion between a criminal defendant, or his or her counsel, and a prosecuting attorney or judge, whereby the defendant agrees to plead guilty or nolo contendere, in exchange for any promises, commitments, concessions, assurances, or consideration by the prosecuting attorney or judge relating to any charge against the defendant or to the sentencing of the defendant.
(c) As used in this section, “serious felony” means any of the following:
(1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4) sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (5) oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (6) lewd or lascivious act on a child under 14 years of age; (7) any felony punishable by death or imprisonment in the state prison for life; (8) any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm; (9) attempted murder; (10) assault with intent to commit rape or robbery; (11) assault with a deadly weapon or instrument on a peace officer; (12) assault by a life prisoner on a noninmate; (13) assault with a deadly weapon by an inmate; (14) arson; (15) exploding a destructive device or any explosive with intent to injure; (16) exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem; (17) exploding a destructive device or any explosive with intent to murder; (18) any burglary of the first degree; (19) robbery or bank robbery; (20) kidnapping; (21) holding of a hostage by a person confined in a state prison; (22) attempt to commit a felony punishable by death or imprisonment in the state prison for life; (23) any felony in which the defendant personally used a dangerous or deadly weapon; (24) selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of the precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety Code; (25) any violation of subdivision (a) of Section 289 if 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; (26) grand theft involving a firearm; (27) carjacking; (28) any felony offense, which would also constitute a felony violation of Section 186.22; (29) assault with the intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220; (30) throwing acid or flammable substances, in violation of Section 244; (31) assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Section 245; (32) assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Section 245.2, 245.3, or 245.5; (33) discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Section 246; (34) commission of rape or sexual penetration in concert with another person, in violation of Section 264.1; (35) continuous sexual abuse of a child, in violation of Section 288.5; (36) shooting from a vehicle, in violation of subdivision (c) or (d) of Section 26100; (37) intimidation of victims or witnesses, in violation of Section 136.1; (38) threatening a witness, informant, or victim or his or her immediate family in violation of Section 139 or 140; (39) criminal threats, in violation of Section 422; (40) any attempt to commit a crime listed in this subdivision other than an assault; (41) any violation of Section 12022.53; (42) a violation of subdivision (b) or (c) of Section 11418; (43) any conspiracy to commit an offense described in this subdivision; (44) human trafficking in violation of subdivision (b) or (c) of Section 236.1; (45) child abuse likely to result in great bodily harm in violation of subdivision (a) of Section 273a or child abuse in violation of Section 273d; (46) stalking in violation of Section 646.9; (47) resulting in the child’s death in violation of Section 273ab; (46) solicitation to commit murder or a designated sexual assault in violation of subdivision (b) or (c) of Section 653f; (48) (47) taking a hostage to prevent arrest or to use as a shield in violation of Section 210.5; (49) a felony in which a hate crime enhancement pursuant to Section 422.75 is pled and proved; (50) violation of Section 18715, 18720, 18725, or 18730, or subdivision (a) or (d) of Section 11418, relating to destructive devices; (51) (48) threatening to use a weapon of mass destruction in violation of Section 11418.5; (52) (49) possession of restricted biological agents in violation of Section 11419; (53) (50) exploding a destructive device to terrorize in violation of Section 11413; (54) felony elder abuse in violation of Section 368; (55) (51) a felony violation of fleeing or evading a pursuing peace officer in violation of Section 2800.2, 2800.3, or 2800.4 2800.3 of the Vehicle Code; (56) manufacturing a controlled substance in violation of Section 11379.6 of the Health and Safety Code; (57) a felony where a loss of over two hundred thousand dollars ($200,000) is proved, as provided in paragraphs (2), (3), and (4) of subdivision (a) of Section 12022.6; (58) (52) possession of a firearm by a person who has a prior specified felony in violation of Section 29900; (59) (53) taking by means of a riot of another person from the lawful custody of a peace officer in violation of Section 405a; and (60) (54) street gang recruiting in violation of Section 186.26.
(d) As used in this section, the following terms have the following meanings:
(1) “Bank” means any member of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operating under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.
(2) “Bank robbery” means to take or attempt to take, by force or violence, or by intimidation from the person or presence of another any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association.
(3) “Savings and loan association” means any federal savings and loan association and any “insured institution” as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 2 of the Federal Credit Union Act.
(4) “Credit union” means any federal credit union and any state-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union administration.
(e) This section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors.

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.