California Assembly Bill AB2054 Latest Draft

 BILL NUMBER: AB 2054INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Miller FEBRUARY 18, 2010 An act to amend Section 2933.1 of the Penal Code, relating to sex offenses. LEGISLATIVE COUNSEL'S DIGEST AB 2054, as introduced, Miller. Sex offenses: rape: worktime credits. Existing law provides that any person convicted of a violent felony, as specified, shall accrue no more than 15% of worktime credit, as defined. This bill would additionally provide that any person convicted of rape accomplished where a person is prevented from resisting by any intoxicating or anesthetic substance or where a person is at the time unconscious, as specified, shall accrue no more than 15% of worktime credit. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 2933.1 of the Penal Code is amended to read: 2933.1. (a) Notwithstanding any other law, any person who is convicted of  a felony offense listed in   rape as defined in paragraph (3) or (4) of subdivision (a) of Section 261 or of a felony offense listed in  subdivision (c) of Section 667.5 shall accrue no more than 15 percent of worktime credit, as defined in Section 2933. (b) The 15-percent limitation provided in subdivision (a) shall apply whether the defendant is sentenced under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2 or sentenced under some other law. However, nothing in subdivision (a) shall affect the requirement of any statute that the defendant serve a specified period of time prior to minimum parole eligibility, nor shall any offender otherwise statutorily ineligible for credit be eligible for credit pursuant to this section. (c) Notwithstanding Section 4019 or any other provision of law, the maximum credit that may be earned against a period of confinement in, or commitment to, a county jail, industrial farm, or road camp, or a city jail, industrial farm, or road camp, following arrest and prior to placement in the custody of the Director of Corrections, shall not exceed 15 percent of the actual period of confinement for any person specified in subdivision (a). (d) This section shall only apply to offenses listed in subdivision (a) that are committed on or after the date on which this section becomes operative.