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SB-1279 Sentencing: double the base term.(2017-2018)

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Date Published: 05/26/2018 04:00 AM
SB1279:v97#DOCUMENT

Revised  June 19, 2018
Amended  IN  Senate  May 25, 2018
Amended  IN  Senate  April 02, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill
No. 1279

Introduced by Senator Bradford
(Coauthors: Senators Mitchell, Skinner, and Wiener)
(Coauthors: Assembly Members Carrillo, Kalra, Quirk, and Weber)

February 16, 2018

An act to amend Section 1170.1 of the Penal Code, relating to sentencing.


LEGISLATIVE COUNSEL'S DIGEST


SB 1279, as amended, Bradford. Sentencing: double the base term.
Existing law requires a person convicted of 2 or more felonies to be sentenced to an aggregate term of imprisonment for all convictions at a sum of the principal term, the subordinate term, and any additional term imposed for applicable enhancements, prior convictions, and prior prison terms. Under existing law, a principal term consists of the greatest term of imprisonment imposed by the court for any of the crimes, including any term imposed for applicable enhancements. Under existing law the subordinate term for each consecutive offense is 1/3 of the middle term of imprisonment prescribed for each other felony conviction for which a consecutive term of imprisonment is imposed, including 1/3 of the term imposed for any specific enhancements applicable to those subordinate offenses.
This bill would, with exceptions, as specified, limit the maximum term of imprisonment to twice the number of years imposed by the trial court as the base term.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) California has a complicated sentencing scheme that includes principle terms, subordinate terms, concurrent sentences, consecutive sentences, determinate sentences, indeterminate sentences, and sentence enhancements.
(2) California’s sentence enhancement laws are extraordinarily complex. Some enhancements give courts the discretion to choose one of three possible terms. Some enhancements are imposed due to the prior criminal history of a defendant. Other enhancements are imposed because of the circumstances of the offense committed. The Legislature and the courts have authorized several limitations related to sentence enhancements.
(3) In 1977, California adopted subdivision (f) of Section 1170.1 of the Penal Code, commonly referred to as the double the base term limitation, which limited, with certain exceptions, consecutive determinate terms to twice the base term imposed by the court.
(4) Over the next decade, consistent with “tough on crime” practices, the double the base term limitation was riddled with exceptions.
(5) By 1986, the California Supreme Court in People v. Magill (1986) 41 Cal.3d 777 concluded that the Legislature intended to completely eliminate the double the base term limitation if any exception to the limitation was found to be true. The result of this holding was that the presence of a single enhancement, such as former Section 12022.6 of the Penal Code, taking property of great monetary value, would make the twice the base term limitation entirely inapplicable.
(6) In 1997, the Legislature enacted Senate Bill 721 (Chapter 750 of the Statutes of 1997) that repealed the double the base term limitation. The sponsor of Senate Bill 721 stated, “...the primary goal of this bill is not about sentence increases. In fact, the number of increased terms under this proposal would not be great at all.” (Senate Committee on Public Safety Analysis for April 15, 1997 1997, hearing).
(7) On June 30, 2011, 31 percent of inmates had an enhancement as part of his or her sentence. Two years later, on June 30, 2013, 34.7 percent of inmates had an enhancement as part of his or her sentence.
(8) On February 10, 2014, a federal court ordered California to reduce its in-state adult institution population to 137.5 percent of design capacity by February 28, 2016.
(9) In fiscal year 2016–17, the 2016–17 fiscal year, the Department of Corrections and Rehabilitation recorded more than 5,000 enhancements associated with offenders admitted to serve a determinate sentence.
(10) The department continues to house inmates in numbers beyond its maximum capacity at an average of 130 percent of capacity. As of February 14, 2018, 113,939 inmates were housed in the state’s 34 adult institutions and 4,211 inmates were housed in out-of-state facilities.
(b) It is the intent of the Legislature to reenact the double the base term limitation to ensure that prison terms for specified enhancements will not be confined by the double the base term limitation, and to clarify that the existence of an exception does not render sentencing enhancements limitless. It is the intent of the Legislature that the holding of People v. Magill (1986) 41 Cal.3d 777 not be applied to the double the base term limitation as reenacted by this act.

SEC. 2.

 Section 1170.1 of the Penal Code, as amended by Section 7 of Chapter 887 of the Statutes of 2016, is amended to read:

1170.1.
 (a) Except as otherwise provided by law, and subject to Section 654, when any person is convicted of two or more felonies, whether in the same proceeding or court or in different proceedings or courts, and whether by judgment rendered by the same or by a different court, and a consecutive term of imprisonment is imposed under Sections 669 and 1170, the aggregate term of imprisonment for all these convictions shall be the sum of the principal term, the subordinate term, and any additional term imposed for applicable enhancements for prior convictions, prior prison terms, and Section 12022.1. The principal term shall consist of the greatest term of imprisonment imposed by the court for any of the crimes, including any term imposed for applicable specific enhancements. The subordinate term for each consecutive offense shall consist of one-third of the middle term of imprisonment prescribed for each other felony conviction for which a consecutive term of imprisonment is imposed, and shall include one-third of the term imposed for any specific enhancements applicable to those subordinate offenses. Whenever a court imposes a term of imprisonment in the state prison, whether the term is a principal or subordinate term, the aggregate term shall be served in the state prison, regardless as to whether or not one of the terms specifies imprisonment in a county jail pursuant to subdivision (h) of Section 1170.
(b) If a person is convicted of two or more violations of kidnapping, as defined in Section 207, involving separate victims, the subordinate term for each consecutive offense of kidnapping shall consist of the full middle term and shall include the full term imposed for specific enhancements applicable to those subordinate offenses.
(c) In the case of any person convicted of one or more felonies committed while the person is confined in the state prison or is subject to reimprisonment for escape from custody and the law either requires the terms to be served consecutively or the court imposes consecutive terms, the term of imprisonment for all the convictions that the person is required to serve consecutively shall commence from the time the person would otherwise have been released from prison. If the new offenses are consecutive with each other, the principal and subordinate terms shall be calculated as provided in subdivision (a). This subdivision shall be applicable in cases of convictions of more than one offense in the same or different proceedings.
(d) When the court imposes a sentence for a felony pursuant to Section 1170 or subdivision (b) of Section 1168, the court shall also impose, in addition and consecutive to the offense of which the person has been convicted, the additional terms provided for any applicable enhancements. If an enhancement is punishable by one of three terms, the court shall, in its discretion, impose the term that best serves the interest of justice, and state the reasons for its sentence choice on the record at the time of sentencing. The court shall also impose any other additional term that the court determines in its discretion or as required by law shall run consecutive to the term imposed under Section 1170 or subdivision (b) of Section 1168. In considering the imposition of the additional term, the court shall apply the sentencing rules of the Judicial Council.
(e) All enhancements shall be alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact.
(f) When two or more enhancements may be imposed for being armed with or using a dangerous or deadly weapon or a firearm in the commission of a single offense, only the greatest of those enhancements shall be imposed for that offense. This subdivision shall not limit the imposition of any other enhancements applicable to that offense, including an enhancement for the infliction of great bodily injury.
(g) When two or more enhancements may be imposed for the infliction of great bodily injury on the same victim in the commission of a single offense, only the greatest of those enhancements shall be imposed for that offense. This subdivision shall not limit the imposition of any other enhancements applicable to that offense, including an enhancement for being armed with or using a dangerous or deadly weapon or a firearm.
(h) For any violation of an offense specified in Section 667.6, the number of enhancements that may be imposed shall not be limited, regardless of whether the enhancements are pursuant to this section, Section 667.6, or some other provision of law. Each of the enhancements shall be a full and separately served term.
(i) (1) The maximum term of imprisonment imposed pursuant to this section shall not exceed twice the number of years imposed by the trial court as the base term pursuant to subdivision (b) of Section 1170, and may include a portion of an applicable enhancement or enhancements, except as specified in paragraph (2).

(2)The limitation on the maximum term specified in paragraph (1) shall not apply to reduce that portion of a sentence required by an enhancement or additional and consecutive term imposed pursuant to Sections 186.22, 186.33, 236.4, 269, 288.3, 667, 667.5, 667.51, 667.6, 667.61, 667.85, 1170.12, 12022.75, and 12022.9.

(2) The portion of a sentence required by an enhancement, alternative sentence, or additional and consecutive term imposed pursuant to Sections 186.22, 186.33, 236.4, 269, 288.3, 667, 667.5, 667.51, 667.6, 667.61, 667.85, 1170.12, 12022.75, and 12022.9 is not subject to the limitation on the maximum term specified in paragraph (1).
(3) Notwithstanding the imposition of a sentence for an enhancement enhancement, alternative sentence, or additional and consecutive term specified in paragraph (2), the double the base term limitation specified in paragraph (1) is applicable to all portions of a sentence not imposed pursuant to a code section specified in paragraph (2).
(j) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.

SEC. 3.

 Section 1170.1 of the Penal Code, as amended by Section 8 of Chapter 887 of the Statutes of 2016, is amended to read:

1170.1.
 (a) Except as otherwise provided by law, and subject to Section 654, when any person is convicted of two or more felonies, whether in the same proceeding or court or in different proceedings or courts, and whether by judgment rendered by the same or by a different court, and a consecutive term of imprisonment is imposed under Sections 669 and 1170, the aggregate term of imprisonment for all these convictions shall be the sum of the principal term, the subordinate term, and any additional term imposed for applicable enhancements for prior convictions, prior prison terms, and Section 12022.1. The principal term shall consist of the greatest term of imprisonment imposed by the court for any of the crimes, including any term imposed for applicable specific enhancements. The subordinate term for each consecutive offense shall consist of one-third of the middle term of imprisonment prescribed for each other felony conviction for which a consecutive term of imprisonment is imposed, and shall include one-third of the term imposed for any specific enhancements applicable to those subordinate offenses. Whenever a court imposes a term of imprisonment in the state prison, whether the term is a principal or subordinate term, the aggregate term shall be served in the state prison, regardless as to whether or not one of the terms specifies imprisonment in a county jail pursuant to subdivision (h) of Section 1170.
(b) If a person is convicted of two or more violations of kidnapping, as defined in Section 207, involving separate victims, the subordinate term for each consecutive offense of kidnapping shall consist of the full middle term and shall include the full term imposed for specific enhancements applicable to those subordinate offenses.
(c) In the case of any person convicted of one or more felonies committed while the person is confined in the state prison or is subject to reimprisonment for escape from custody and the law either requires the terms to be served consecutively or the court imposes consecutive terms, the term of imprisonment for all the convictions that the person is required to serve consecutively shall commence from the time the person would otherwise have been released from prison. If the new offenses are consecutive with each other, the principal and subordinate terms shall be calculated as provided in subdivision (a). This subdivision shall be applicable in cases of convictions of more than one offense in the same or different proceedings.
(d) When the court imposes a sentence for a felony pursuant to Section 1170 or subdivision (b) of Section 1168, the court shall also impose, in addition and consecutive to the offense of which the person has been convicted, the additional terms provided for any applicable enhancements. If an enhancement is punishable by one of three terms, the court shall impose the middle term unless there are circumstances in aggravation or mitigation, and state the reasons for its sentence choice, other than the middle term, on the record at the time of sentencing. The court shall also impose any other additional term that the court determines in its discretion or as required by law shall run consecutive to the term imposed under Section 1170 or subdivision (b) of Section 1168. In considering the imposition of the additional term, the court shall apply the sentencing rules of the Judicial Council.
(e) All enhancements shall be alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact.
(f) When two or more enhancements may be imposed for being armed with or using a dangerous or deadly weapon or a firearm in the commission of a single offense, only the greatest of those enhancements shall be imposed for that offense. This subdivision shall not limit the imposition of any other enhancements applicable to that offense, including an enhancement for the infliction of great bodily injury.
(g) When two or more enhancements may be imposed for the infliction of great bodily injury on the same victim in the commission of a single offense, only the greatest of those enhancements shall be imposed for that offense. This subdivision shall not limit the imposition of any other enhancements applicable to that offense, including an enhancement for being armed with or using a dangerous or deadly weapon or a firearm.
(h) For any violation of an offense specified in Section 667.6, the number of enhancements that may be imposed shall not be limited, regardless of whether the enhancements are pursuant to this section, Section 667.6, or some other provision of law. Each of the enhancements shall be a full and separately served term.
(i) (1) The maximum term of imprisonment imposed pursuant to this section shall not exceed twice the number of years imposed by the trial court as the base term pursuant to subdivision (b) of Section 1170, and may include a portion of an applicable enhancement or enhancements, except as specified in paragraph (2).

(2)The limitation on the maximum term specified in paragraph (1) shall not apply to reduce that portion of a sentence required by an enhancement or additional and consecutive term imposed pursuant to Sections 186.22, 186.33, 236.4, 269, 288.3, 667, 667.5, 667.51, 667.6, 667.61, 667.85, 1170.12, 12022.75, and 12022.9.

(2) The portion of a sentence required by an enhancement, alternative sentence, or additional and consecutive term imposed pursuant to Sections 186.22, 186.33, 236.4, 269, 288.3, 667, 667.5, 667.51, 667.6, 667.61, 667.85, 1170.12, 12022.75, and 12022.9 is not subject to the limitation on the maximum term specified in paragraph (1).
(3) Notwithstanding the imposition of a sentence for an enhancement enhancement, alternative sentence, or additional and consecutive term specified in paragraph (2), the double the base term limitation specified in paragraph (1) is applicable to all portions of a sentence not imposed pursuant to a code section specified in paragraph (2).
(j) This section shall become operative on January 1, 2022.

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REVISIONS:
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