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AB-3042 Sentencing.(2003-2004)



Current Version: 09/24/04 - Chaptered

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AB3042:v95#DOCUMENT

Assembly Bill No. 3042
CHAPTER 769

An act to add Section 675 to the Penal Code, relating to sentencing.

[ Filed with Secretary of State  September 24, 2004. Approved by Governor  September 24, 2004. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 3042, Yee. Sentencing.
Existing law prescribes the offenses of unlawful sexual intercourse, sodomy, lewd and lascivious acts, and oral copulation.
This bill would provide that a person suffering a felony conviction for any of those offenses, as specified, where the offense was committed with a minor for money or other consideration, is punishable with an additional enhancement of one year imprisonment in state prison.
By imposing additional burdens on local prosecuting entities, 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 no reimbursement is required by this act for a specified reason.

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


SECTION 1.

 Section 675 is added to the Penal Code, to read:

675.
 (a) Any person suffering a felony conviction for a violation of subdivision (c) or (d) of Section 261.5, paragraph (1) or (2) of subdivision (b) or paragraph (1) of subdivision (c) of Section 286, subdivision (a) or paragraph (1) of subdivision (c) of Section 288, or paragraph (1) or (2) of subdivision (b) or paragraph (1) of subdivision (c) of Section 288a, where the offense was committed with a minor for money or other consideration, is punishable by an additional term of imprisonment in the state prison of one year.
(b) The enhancements authorized by this section may be imposed in addition to any other required or authorized enhancement.

SEC. 2.

 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.