Bill Text


Bill PDF |Add To My Favorites | print page

AB-2788 Crimes.(2023-2024)

SHARE THIS: share this bill in Facebook share this bill in Twitter
Date Published: 04/16/2024 09:00 PM
AB2788:v98#DOCUMENT

Amended  IN  Assembly  April 16, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2788

Introduced by Assembly Member Low

February 15, 2024

An act to add Section 686.7 to the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 2788, as amended, Low. Crimes.
Existing law authorizes courts generally to suspend a criminal sentence and make and enforce terms of probation for a period not to exceed 2 years, except as specified. Existing law authorizes courts in misdemeanor cases to suspend a sentence and make and enforce terms of probation for a period not to exceed one year, except as specified. Under existing law, a prisoner can reduce their term of imprisonment by earning credit for, among other things, continuous incarceration, good behavior, and participation in approved rehabilitative programming.
This bill would make a person who is prohibited from owning a firearm due to prior convictions who commits a felony involving the use of a firearm, or a person who is convicted of two crimes against a person, and who commits a third crime against a person, within three years, while armed with a firearm or while using a firearm subject to various conditions, including, among others, requiring that the person be detained, booked, and held in custody until arraignment, requiring the sentencing court to afford great weight to those facts when determining what term to impose, requiring treatment, rehabilitation, or education programs to be completed before the person can receive good conduct credits, and, if probation is granted, requiring it to be for a duration of 5 years. By imposing additional duties on local prosecutors and law enforcement, this bill 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.Section 686.7 is added to the Penal Code, to read:
686.7.

(a)Subdivision (b) shall apply to either of the following:

(1)A person who is prohibited from owning a firearm pursuant to Section 29800, 29805, or 29815, who commits a felony involving the use of a firearm.

(2)A person who is convicted of two crimes against a person, and who commits a third crime against a person, within three years.

(b)All of the following shall apply to any person described in subdivision (a):

(1)The person shall be detained, booked, and held in custody until arraignment.

(2)Upon sentencing, the judge shall consider the repetitive nature of the person’s crimes and shall give great weight towards the maximum sentence allowable for all charges.

(3)The courts shall mandate treatment, rehabilitation, or education programs to be completed during incarceration, the successful completion of which shall be required before good conduct credits are awarded.

(4)Notwithstanding Sections 1203a and 1203.1, if probation is granted to the person, it shall be for a duration of five years.

(5)Probation granted shall place the person on the maximum level of regular supervision.

SECTION 1.

 Section 686.7 is added to the Penal Code, to read:

686.7.
 (a) Any person who commits a felony or attempted felony offense while armed with a firearm or while using a firearm, regardless of whether arming or use of a firearm is an element of the offense, who was, at the time of that offense, prohibited from possessing a firearm pursuant to Section 29800, 29805, 29815, 29820, or 29825, is subject to the following conditions:
(1) Notwithstanding any provision of Section 1170 or any other law, the sentencing court shall consider and afford great weight to the fact that the defendant was armed or used a firearm while prohibited from possessing a firearm as described in subdivision (a) in determining whether to impose the upper term on the felony or attempted felony.
(2) Notwithstanding any provision of Section 1170 or any other law, a court may use the fact that the defendant was armed or used a firearm while prohibited from possessing a firearm as described in subdivision (a) to impose the upper term.
(3) Notwithstanding Section 1203.1, if probation is granted to the person, it shall be for a duration of five years.
(4) The courts shall mandate treatment, rehabilitation, or education programs to be completed during incarceration, the successful completion of which shall be required before good conduct credits are awarded.
(5) Probation granted to the person shall place the person on the maximum level of regular supervision.
(b) This section shall not be considered an enhancement for the purposes of subdivision (c) of Section 1385.
(c) As used in this section, the following terms have the following meanings:
(1) “Armed with a firearm” has the same meaning as that term is used in subdivision (a) of Section 12022.
(2) “Possessing,” for purposes of this section only, includes owning, purchasing, receiving, or having in possession or under custody or control of a firearm.
(3) “Use of a firearm” has the same meaning as that term is used in Section 12022.5.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.