Amended IN Senate September 01, 2017 Amended IN Assembly May 01, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1542Introduced by Assembly Member Dababneh(Coauthors: Assembly Members Cooper and Lackey)(Coauthor: Senator Nguyen)February 17, 2017 An act to add Section 667.95 to the Penal Code, relating to violent felonies.LEGISLATIVE COUNSEL'S DIGESTAB 1542, as amended, Dababneh. Violent felonies: video recording.Existing law provides, for many criminal offenses, 3 possible terms of punishment. Existing law authorizes a court, in sentencing a person convicted of such a crime, to select the appropriate term which, in its sound discretion, best serves the interests of justice. Existing law allows the court to consider, in choosing an appropriate punishment, the record of the case, specified reports received by the court, and specified statements in aggravation or mitigation.This bill would authorize the court to consider that a defendant convicted of a specified violent felony willfully recorded a video of the commission of the violent felony with the intent to encourage or facilitate the offense as a factor in aggravation in sentencing that defendant. Existing law, as amended by Proposition 21 as approved by the voters at the March 7, 2000, statewide primary election and by Proposition 83 of the November 7, 2006, statewide general election, classifies certain felonies as violent felonies for purposes of various provisions of the Penal Code. Existing law generally imposes an additional one-year term for a felony and a 3-year term for a violent felony for each prior separate prison term served for a felony or a violent felony, respectively.This bill would make it unlawful for a person who commits a violent felony, either directly or as an aider or abettor, to willfully record a video, or conspire with another person to record a video, of the commission of the violent felony. The bill would make a violation of this provision punishable by a one-year enhancement, to be served in addition and consecutive to the penalty prescribed for the underlying violent felony.By creating a new penalty enhancement, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 667.95 is added to the Penal Code, to read:667.95. In sentencing a person convicted of a violent felony listed in subdivision (c) of Section 667.5, the court may consider, as a factor in aggravation, that the defendant willfully recorded a video of the commission of the violent felony with the intent to encourage or facilitate the offense.SECTION 1.Section 667.95 is added to the Penal Code, to read:667.95.(a)It is unlawful for a person who commits a violent felony, either directly or as an aider or abettor, to willfully record a video, or conspire with another person to record a video, of the commission of the violent felony. A violation of this subdivision is punishable by a one-year enhancement, to be served in addition and consecutive to the penalty prescribed for the underlying violent felony. (b)An enhancement imposed by this section does not preclude prosecution or the imposition of penalties under any other law.(c)For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5.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.
Amended IN Senate September 01, 2017 Amended IN Assembly May 01, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1542Introduced by Assembly Member Dababneh(Coauthors: Assembly Members Cooper and Lackey)(Coauthor: Senator Nguyen)February 17, 2017 An act to add Section 667.95 to the Penal Code, relating to violent felonies.LEGISLATIVE COUNSEL'S DIGESTAB 1542, as amended, Dababneh. Violent felonies: video recording.Existing law provides, for many criminal offenses, 3 possible terms of punishment. Existing law authorizes a court, in sentencing a person convicted of such a crime, to select the appropriate term which, in its sound discretion, best serves the interests of justice. Existing law allows the court to consider, in choosing an appropriate punishment, the record of the case, specified reports received by the court, and specified statements in aggravation or mitigation.This bill would authorize the court to consider that a defendant convicted of a specified violent felony willfully recorded a video of the commission of the violent felony with the intent to encourage or facilitate the offense as a factor in aggravation in sentencing that defendant. Existing law, as amended by Proposition 21 as approved by the voters at the March 7, 2000, statewide primary election and by Proposition 83 of the November 7, 2006, statewide general election, classifies certain felonies as violent felonies for purposes of various provisions of the Penal Code. Existing law generally imposes an additional one-year term for a felony and a 3-year term for a violent felony for each prior separate prison term served for a felony or a violent felony, respectively.This bill would make it unlawful for a person who commits a violent felony, either directly or as an aider or abettor, to willfully record a video, or conspire with another person to record a video, of the commission of the violent felony. The bill would make a violation of this provision punishable by a one-year enhancement, to be served in addition and consecutive to the penalty prescribed for the underlying violent felony.By creating a new penalty enhancement, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: YESNO
Amended IN Senate September 01, 2017 Amended IN Assembly May 01, 2017
Amended IN Senate September 01, 2017
Amended IN Assembly May 01, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1542
Introduced by Assembly Member Dababneh(Coauthors: Assembly Members Cooper and Lackey)(Coauthor: Senator Nguyen)February 17, 2017
Introduced by Assembly Member Dababneh(Coauthors: Assembly Members Cooper and Lackey)(Coauthor: Senator Nguyen)
February 17, 2017
An act to add Section 667.95 to the Penal Code, relating to violent felonies.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1542, as amended, Dababneh. Violent felonies: video recording.
Existing law provides, for many criminal offenses, 3 possible terms of punishment. Existing law authorizes a court, in sentencing a person convicted of such a crime, to select the appropriate term which, in its sound discretion, best serves the interests of justice. Existing law allows the court to consider, in choosing an appropriate punishment, the record of the case, specified reports received by the court, and specified statements in aggravation or mitigation.This bill would authorize the court to consider that a defendant convicted of a specified violent felony willfully recorded a video of the commission of the violent felony with the intent to encourage or facilitate the offense as a factor in aggravation in sentencing that defendant. Existing law, as amended by Proposition 21 as approved by the voters at the March 7, 2000, statewide primary election and by Proposition 83 of the November 7, 2006, statewide general election, classifies certain felonies as violent felonies for purposes of various provisions of the Penal Code. Existing law generally imposes an additional one-year term for a felony and a 3-year term for a violent felony for each prior separate prison term served for a felony or a violent felony, respectively.This bill would make it unlawful for a person who commits a violent felony, either directly or as an aider or abettor, to willfully record a video, or conspire with another person to record a video, of the commission of the violent felony. The bill would make a violation of this provision punishable by a one-year enhancement, to be served in addition and consecutive to the penalty prescribed for the underlying violent felony.By creating a new penalty enhancement, 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.
Existing law provides, for many criminal offenses, 3 possible terms of punishment. Existing law authorizes a court, in sentencing a person convicted of such a crime, to select the appropriate term which, in its sound discretion, best serves the interests of justice. Existing law allows the court to consider, in choosing an appropriate punishment, the record of the case, specified reports received by the court, and specified statements in aggravation or mitigation.
This bill would authorize the court to consider that a defendant convicted of a specified violent felony willfully recorded a video of the commission of the violent felony with the intent to encourage or facilitate the offense as a factor in aggravation in sentencing that defendant.
Existing law, as amended by Proposition 21 as approved by the voters at the March 7, 2000, statewide primary election and by Proposition 83 of the November 7, 2006, statewide general election, classifies certain felonies as violent felonies for purposes of various provisions of the Penal Code. Existing law generally imposes an additional one-year term for a felony and a 3-year term for a violent felony for each prior separate prison term served for a felony or a violent felony, respectively.
This bill would make it unlawful for a person who commits a violent felony, either directly or as an aider or abettor, to willfully record a video, or conspire with another person to record a video, of the commission of the violent felony. The bill would make a violation of this provision punishable by a one-year enhancement, to be served in addition and consecutive to the penalty prescribed for the underlying violent felony.
By creating a new penalty enhancement, 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 667.95 is added to the Penal Code, to read:667.95. In sentencing a person convicted of a violent felony listed in subdivision (c) of Section 667.5, the court may consider, as a factor in aggravation, that the defendant willfully recorded a video of the commission of the violent felony with the intent to encourage or facilitate the offense.SECTION 1.Section 667.95 is added to the Penal Code, to read:667.95.(a)It is unlawful for a person who commits a violent felony, either directly or as an aider or abettor, to willfully record a video, or conspire with another person to record a video, of the commission of the violent felony. A violation of this subdivision is punishable by a one-year enhancement, to be served in addition and consecutive to the penalty prescribed for the underlying violent felony. (b)An enhancement imposed by this section does not preclude prosecution or the imposition of penalties under any other law.(c)For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5.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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 667.95 is added to the Penal Code, to read:667.95. In sentencing a person convicted of a violent felony listed in subdivision (c) of Section 667.5, the court may consider, as a factor in aggravation, that the defendant willfully recorded a video of the commission of the violent felony with the intent to encourage or facilitate the offense.
SECTION 1. Section 667.95 is added to the Penal Code, to read:
### SECTION 1.
667.95. In sentencing a person convicted of a violent felony listed in subdivision (c) of Section 667.5, the court may consider, as a factor in aggravation, that the defendant willfully recorded a video of the commission of the violent felony with the intent to encourage or facilitate the offense.
667.95. In sentencing a person convicted of a violent felony listed in subdivision (c) of Section 667.5, the court may consider, as a factor in aggravation, that the defendant willfully recorded a video of the commission of the violent felony with the intent to encourage or facilitate the offense.
667.95. In sentencing a person convicted of a violent felony listed in subdivision (c) of Section 667.5, the court may consider, as a factor in aggravation, that the defendant willfully recorded a video of the commission of the violent felony with the intent to encourage or facilitate the offense.
667.95. In sentencing a person convicted of a violent felony listed in subdivision (c) of Section 667.5, the court may consider, as a factor in aggravation, that the defendant willfully recorded a video of the commission of the violent felony with the intent to encourage or facilitate the offense.
(a)It is unlawful for a person who commits a violent felony, either directly or as an aider or abettor, to willfully record a video, or conspire with another person to record a video, of the commission of the violent felony. A violation of this subdivision is punishable by a one-year enhancement, to be served in addition and consecutive to the penalty prescribed for the underlying violent felony.
(b)An enhancement imposed by this section does not preclude prosecution or the imposition of penalties under any other law.
(c)For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5.
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.