| 1 | 1 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 770Introduced by Senator Glazer(Coauthor: Senator Nielsen)February 17, 2017 An act to amend Sections 667.5 and 2933.5 of the Penal Code, relating to violent felonies. LEGISLATIVE COUNSEL'S DIGESTSB 770, as introduced, Glazer. Violent felonies.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 3-year term for a violent felony for each prior separate prison term served for a felony or a violent felony, respectively. The Legislature may amend these initiative statutes by a statute passed in each house by a 2/3 vote. This bill would amend the above initiative statutes by defining additional crimes, including, among others, human trafficking, elder and dependent adult abuse, assault with a deadly weapon, rape under specified circumstances, discharge of a firearm at an occupied building, and specified crimes against peace officers and witnesses, as violent felonies for purposes of the above specified sentence enhancements. The bill would also make conforming changes. By increasing the punishment for these crimes, 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: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. It is not the intent of the Legislature in enacting this act to alter the classification of offenses commonly referred to as statutory rape or similar types of sexual offenses that are criminal solely due to the age of the victim. It is the intent of the Legislature that the enhancements for violent felonies made by this act apply only in cases in which the crime is charged and sentenced as a felony.SEC. 2. Section 667.5 of the Penal Code is amended to read:667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:(a) Where If one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant where if the prior offense was one of the violent felonies specified in subdivision (c). (c) or (d). However, no additional term shall be imposed under this subdivision for any a prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense which that results in a felony conviction.(b) Except where if subdivision (a) applies, where if the new offense is any a felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term or county jail term imposed under subdivision (h) of Section 1170 or when if the sentence is not suspended for any felony; provided that no a felony. An additional term shall not be imposed under this subdivision for any a prison term or county jail term imposed under subdivision (h) of Section 1170 or when if the sentence is not suspended prior to a period of five years in which the defendant remained free of both the commission of an offense which that results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or any a felony sentence that is not suspended. A term imposed under the provisions of paragraph (5) of subdivision (h) of Section 1170, wherein a portion of the term is suspended by the court to allow mandatory supervision, shall qualify as a prior county jail term for the purposes of the one-year enhancement.(c) For the purpose of this section, violent felony shall mean any of the following:(1) Murder or voluntary manslaughter.(2) Mayhem.(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.(4) Sodomy as defined in subdivision (c) or (d) of Section 286.(5) Oral copulation as defined in subdivision (c) or (d) of Section 288a.(6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288.(7) Any felony punishable by death or imprisonment in the state prison for life.(8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.(9) Any robbery.(10) Arson, in violation of subdivision (a) or (b) of Section 451.(11) Sexual penetration as defined in subdivision (a) or (j) of Section 289.(12) Attempted murder.(13) A violation of Section 18745, 18750, or 18755.(14) Kidnapping.(15) Assault with the intent to commit a specified felony, in violation of Section 220.(16) Continuous sexual abuse of a child, in violation of Section 288.5.(17) Carjacking, as defined in subdivision (a) of Section 215.(18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.(19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22.(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22.(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.(22) Any violation of Section 12022.53.(23) A violation of subdivision (b) or (c) of Section 11418. Th eThe Legislature finds and declares that these specified crimes specified in this subdivision merit special consideration when imposing a sentence to display societys condemnation for these extraordinary crimes of violence against the person.(d) For purposes of this section only, violent felony also means any of the following: (1) Assault with a deadly weapon in violation of paragraph (1) of subdivision (a) of Section 245, if a felony.(2) Assault by means of force likely to produce great bodily injury in violation of paragraph (4) of subdivision (a) of Section 245, if a felony.(3) False imprisonment in violation of Section 210.5.(4) Discharging a firearm in violation of Section 246, if a felony.(5) Domestic violence resulting in a traumatic condition in violation of Section 273.5, if a felony.(6) Use of force or threats against a witness or victim of a crime in violation of Section 140, if a felony.(7) Resisting a peace officer and causing death or serious injury in violation of Section 148.10, if a felony.(8) Inflicting a cruel or inhuman corporal punishment or injury on a child in violation of Section 273d, if a felony.(9) A hate crime punishable pursuant to Section 422.7, if a felony.(10) Elder or dependent adult abuse in violation of subdivision (b) of Section 368, if a felony.(11) Unlawfully causing a fire that causes great bodily injury in violation of subdivision (a) of Section 452, if a felony.(12) Rape in violation of paragraphs (1), (3), or (4) of subdivision (a) of Section 261.(13) Sexual penetration in violation of subdivision (d) or (e) of Section 289.(14) Sexual battery in violation of subdivision (a), (b), or (c) of Section 243.4, if a felony.(15) Sodomy in violation of subdivision (f), (g), or (i) of Section 286.(16) Oral copulation in violation of subdivision (f), (g), or (i) of Section 288a.(17) Abduction of a minor for purposes of prostitution in violation of Section 267.(18) Child abuse or endangerment in violation of subdivision (a) of Section 273a, if a felony.(19) Human trafficking in violation of subdivision (a), (b), or (c) of Section 236.1.(20) Possessing, exploding, or igniting a destructive device in violation of Section 18740.(21) Violation of a protective order in violation of subdivision (e) of Section 273.6, if a felony.(22) Revealing the name and address of a witness or victim in violation of Section 136.7, if a felony.(23) Assault on a peace officer in violation of Section 241.4, if a felony.(24) Assault on a school employee in violation of subdivision (a) or (b) of Section 245.5, if a felony.(25) Battery in violation of subdivision (c) of Section 243, if a felony.(26) Inciting a riot in the state prison or a county jail in violation of subdivision (c) of Section 404.6, if a felony.(27) Assault on a custodial officer in violation of Section 241.1, if a felony.(28) Battery against a custodial officer in violation of Section 243.1.(29) Assault by a person confined in the state prison in violation of subdivision (a) or (b) of Section 4501.(30) Escape or attempted escape by a person confined in the state prison in violation of Section 4503. (d)(e) For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody, including any period of mandatory supervision, or until release on parole or postrelease community supervision, whichever first occurs, including any time during which the defendant remains subject to reimprisonment or custody in county jail for escape from custody or is reimprisoned on revocation of parole or postrelease community supervision. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense.(e)(f) The additional penalties provided for prior prison terms shall not be imposed for any felony for which the defendant did not serve a prior separate term in state prison or in county jail under subdivision (h) of Section 1170.(f)(g) A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, if committed in California, is punishable by imprisonment in the state prison or in county jail under subdivision (h) of Section 1170 if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense which that includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction.(g)(h) A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprisonment on revocation of parole which is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.(h)(i) Serving a prison term includes any confinement time in any state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement.(i)(j) For the purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals, as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term.(j)(k) For the purposes of this section, when a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term served in state prison.(k)(l) (1) Notwithstanding subdivisions (d) and (g) (e) and (h) or any other provision of law, where if one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section.(2) This subdivision shall does not apply when if a full, separate, and consecutive term is imposed pursuant to any other provision of law.SEC. 3. Section 2933.5 of the Penal Code is amended to read:2933.5. (a) (1) Notwithstanding any other law, every person who is convicted of any felony offense listed in paragraph (2), and who previously has been convicted two or more times, on charges separately brought and tried, and who previously has served two or more separate prior prison terms, as defined in subdivision (g) (h) of Section 667.5, of any offense or offenses listed in paragraph (2), shall be ineligible to earn credit on his or her term of imprisonment pursuant to this article.(2) As used in this subdivision, felony offense includes any of the following:(A) Murder, as defined in Sections 187 and 189.(B) Voluntary manslaughter, as defined in subdivision (a) of Section 192.(C) Mayhem Mayhem, as defined in Section 203.(D) Aggravated mayhem, as defined in Section 205.(E) Kidnapping, as defined in Section 207, 209, or 209.5.(F) Assault with vitriol, corrosive acid, or caustic chemical of any nature, as described in Section 244.(G) Rape, as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.(H) Sodomy by means of force, violence, duress, menace menace, or fear of immediate and unlawful bodily injury on the victim or another person, as described in subdivision (c) of Section 286.(I) Sodomy while voluntarily acting in concert, as described in subdivision (d) of Section 286.(J) Lewd or lascivious acts on a child under the age of 14 years, as described in subdivision (b) of Section 288.(K) Oral copulation by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, as described in subdivision (c) of Section 288a.(L) Continuous sexual abuse of a child, as described in Section 288.5.(M) Sexual penetration, as described in subdivision (a) of Section 289.(N) Exploding a destructive device or explosive with intent to injure, as described in Section 18740, with intent to murder, as described in Section 18745, or resulting in great bodily injury or mayhem, as described in Section 18750.(O) Any felony in which the defendant personally inflicted great bodily injury, as provided in Section 12022.53 or 12022.7.(b) A prior conviction of an offense listed in subdivision (a) shall include a conviction in another jurisdiction for an offense which includes all of the elements of the particular felony as defined under California law.(c) This section shall apply whenever the present felony is committed on or after the effective date of this section, regardless of the date of commission of the prior offense or offenses resulting in credit-earning ineligibility.(d) This section shall be in addition to, and shall not preclude the imposition of, any applicable sentence enhancement terms, or probation ineligibility and habitual offender provisions authorized under any other section.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 770Introduced by Senator Glazer(Coauthor: Senator Nielsen)February 17, 2017 An act to amend Sections 667.5 and 2933.5 of the Penal Code, relating to violent felonies. LEGISLATIVE COUNSEL'S DIGESTSB 770, as introduced, Glazer. Violent felonies.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 3-year term for a violent felony for each prior separate prison term served for a felony or a violent felony, respectively. The Legislature may amend these initiative statutes by a statute passed in each house by a 2/3 vote. This bill would amend the above initiative statutes by defining additional crimes, including, among others, human trafficking, elder and dependent adult abuse, assault with a deadly weapon, rape under specified circumstances, discharge of a firearm at an occupied building, and specified crimes against peace officers and witnesses, as violent felonies for purposes of the above specified sentence enhancements. The bill would also make conforming changes. By increasing the punishment for these crimes, 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: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | Senate Bill No. 770 |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | Introduced by Senator Glazer(Coauthor: Senator Nielsen)February 17, 2017 |
|---|
| 14 | 14 | | |
|---|
| 15 | 15 | | Introduced by Senator Glazer(Coauthor: Senator Nielsen) |
|---|
| 16 | 16 | | February 17, 2017 |
|---|
| 17 | 17 | | |
|---|
| 18 | 18 | | An act to amend Sections 667.5 and 2933.5 of the Penal Code, relating to violent felonies. |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | ## LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 23 | 23 | | |
|---|
| 24 | 24 | | SB 770, as introduced, Glazer. Violent felonies. |
|---|
| 25 | 25 | | |
|---|
| 26 | 26 | | 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 3-year term for a violent felony for each prior separate prison term served for a felony or a violent felony, respectively. The Legislature may amend these initiative statutes by a statute passed in each house by a 2/3 vote. This bill would amend the above initiative statutes by defining additional crimes, including, among others, human trafficking, elder and dependent adult abuse, assault with a deadly weapon, rape under specified circumstances, discharge of a firearm at an occupied building, and specified crimes against peace officers and witnesses, as violent felonies for purposes of the above specified sentence enhancements. The bill would also make conforming changes. By increasing the punishment for these crimes, 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. |
|---|
| 27 | 27 | | |
|---|
| 28 | 28 | | 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 3-year term for a violent felony for each prior separate prison term served for a felony or a violent felony, respectively. The Legislature may amend these initiative statutes by a statute passed in each house by a 2/3 vote. |
|---|
| 29 | 29 | | |
|---|
| 30 | 30 | | This bill would amend the above initiative statutes by defining additional crimes, including, among others, human trafficking, elder and dependent adult abuse, assault with a deadly weapon, rape under specified circumstances, discharge of a firearm at an occupied building, and specified crimes against peace officers and witnesses, as violent felonies for purposes of the above specified sentence enhancements. The bill would also make conforming changes. |
|---|
| 31 | 31 | | |
|---|
| 32 | 32 | | By increasing the punishment for these crimes, this bill would impose a state-mandated local program. |
|---|
| 33 | 33 | | |
|---|
| 34 | 34 | | 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. |
|---|
| 35 | 35 | | |
|---|
| 36 | 36 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
|---|
| 37 | 37 | | |
|---|
| 38 | 38 | | ## Digest Key |
|---|
| 39 | 39 | | |
|---|
| 40 | 40 | | ## Bill Text |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | The people of the State of California do enact as follows:SECTION 1. It is not the intent of the Legislature in enacting this act to alter the classification of offenses commonly referred to as statutory rape or similar types of sexual offenses that are criminal solely due to the age of the victim. It is the intent of the Legislature that the enhancements for violent felonies made by this act apply only in cases in which the crime is charged and sentenced as a felony.SEC. 2. Section 667.5 of the Penal Code is amended to read:667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:(a) Where If one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant where if the prior offense was one of the violent felonies specified in subdivision (c). (c) or (d). However, no additional term shall be imposed under this subdivision for any a prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense which that results in a felony conviction.(b) Except where if subdivision (a) applies, where if the new offense is any a felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term or county jail term imposed under subdivision (h) of Section 1170 or when if the sentence is not suspended for any felony; provided that no a felony. An additional term shall not be imposed under this subdivision for any a prison term or county jail term imposed under subdivision (h) of Section 1170 or when if the sentence is not suspended prior to a period of five years in which the defendant remained free of both the commission of an offense which that results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or any a felony sentence that is not suspended. A term imposed under the provisions of paragraph (5) of subdivision (h) of Section 1170, wherein a portion of the term is suspended by the court to allow mandatory supervision, shall qualify as a prior county jail term for the purposes of the one-year enhancement.(c) For the purpose of this section, violent felony shall mean any of the following:(1) Murder or voluntary manslaughter.(2) Mayhem.(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.(4) Sodomy as defined in subdivision (c) or (d) of Section 286.(5) Oral copulation as defined in subdivision (c) or (d) of Section 288a.(6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288.(7) Any felony punishable by death or imprisonment in the state prison for life.(8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.(9) Any robbery.(10) Arson, in violation of subdivision (a) or (b) of Section 451.(11) Sexual penetration as defined in subdivision (a) or (j) of Section 289.(12) Attempted murder.(13) A violation of Section 18745, 18750, or 18755.(14) Kidnapping.(15) Assault with the intent to commit a specified felony, in violation of Section 220.(16) Continuous sexual abuse of a child, in violation of Section 288.5.(17) Carjacking, as defined in subdivision (a) of Section 215.(18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.(19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22.(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22.(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.(22) Any violation of Section 12022.53.(23) A violation of subdivision (b) or (c) of Section 11418. Th eThe Legislature finds and declares that these specified crimes specified in this subdivision merit special consideration when imposing a sentence to display societys condemnation for these extraordinary crimes of violence against the person.(d) For purposes of this section only, violent felony also means any of the following: (1) Assault with a deadly weapon in violation of paragraph (1) of subdivision (a) of Section 245, if a felony.(2) Assault by means of force likely to produce great bodily injury in violation of paragraph (4) of subdivision (a) of Section 245, if a felony.(3) False imprisonment in violation of Section 210.5.(4) Discharging a firearm in violation of Section 246, if a felony.(5) Domestic violence resulting in a traumatic condition in violation of Section 273.5, if a felony.(6) Use of force or threats against a witness or victim of a crime in violation of Section 140, if a felony.(7) Resisting a peace officer and causing death or serious injury in violation of Section 148.10, if a felony.(8) Inflicting a cruel or inhuman corporal punishment or injury on a child in violation of Section 273d, if a felony.(9) A hate crime punishable pursuant to Section 422.7, if a felony.(10) Elder or dependent adult abuse in violation of subdivision (b) of Section 368, if a felony.(11) Unlawfully causing a fire that causes great bodily injury in violation of subdivision (a) of Section 452, if a felony.(12) Rape in violation of paragraphs (1), (3), or (4) of subdivision (a) of Section 261.(13) Sexual penetration in violation of subdivision (d) or (e) of Section 289.(14) Sexual battery in violation of subdivision (a), (b), or (c) of Section 243.4, if a felony.(15) Sodomy in violation of subdivision (f), (g), or (i) of Section 286.(16) Oral copulation in violation of subdivision (f), (g), or (i) of Section 288a.(17) Abduction of a minor for purposes of prostitution in violation of Section 267.(18) Child abuse or endangerment in violation of subdivision (a) of Section 273a, if a felony.(19) Human trafficking in violation of subdivision (a), (b), or (c) of Section 236.1.(20) Possessing, exploding, or igniting a destructive device in violation of Section 18740.(21) Violation of a protective order in violation of subdivision (e) of Section 273.6, if a felony.(22) Revealing the name and address of a witness or victim in violation of Section 136.7, if a felony.(23) Assault on a peace officer in violation of Section 241.4, if a felony.(24) Assault on a school employee in violation of subdivision (a) or (b) of Section 245.5, if a felony.(25) Battery in violation of subdivision (c) of Section 243, if a felony.(26) Inciting a riot in the state prison or a county jail in violation of subdivision (c) of Section 404.6, if a felony.(27) Assault on a custodial officer in violation of Section 241.1, if a felony.(28) Battery against a custodial officer in violation of Section 243.1.(29) Assault by a person confined in the state prison in violation of subdivision (a) or (b) of Section 4501.(30) Escape or attempted escape by a person confined in the state prison in violation of Section 4503. (d)(e) For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody, including any period of mandatory supervision, or until release on parole or postrelease community supervision, whichever first occurs, including any time during which the defendant remains subject to reimprisonment or custody in county jail for escape from custody or is reimprisoned on revocation of parole or postrelease community supervision. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense.(e)(f) The additional penalties provided for prior prison terms shall not be imposed for any felony for which the defendant did not serve a prior separate term in state prison or in county jail under subdivision (h) of Section 1170.(f)(g) A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, if committed in California, is punishable by imprisonment in the state prison or in county jail under subdivision (h) of Section 1170 if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense which that includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction.(g)(h) A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprisonment on revocation of parole which is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.(h)(i) Serving a prison term includes any confinement time in any state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement.(i)(j) For the purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals, as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term.(j)(k) For the purposes of this section, when a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term served in state prison.(k)(l) (1) Notwithstanding subdivisions (d) and (g) (e) and (h) or any other provision of law, where if one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section.(2) This subdivision shall does not apply when if a full, separate, and consecutive term is imposed pursuant to any other provision of law.SEC. 3. Section 2933.5 of the Penal Code is amended to read:2933.5. (a) (1) Notwithstanding any other law, every person who is convicted of any felony offense listed in paragraph (2), and who previously has been convicted two or more times, on charges separately brought and tried, and who previously has served two or more separate prior prison terms, as defined in subdivision (g) (h) of Section 667.5, of any offense or offenses listed in paragraph (2), shall be ineligible to earn credit on his or her term of imprisonment pursuant to this article.(2) As used in this subdivision, felony offense includes any of the following:(A) Murder, as defined in Sections 187 and 189.(B) Voluntary manslaughter, as defined in subdivision (a) of Section 192.(C) Mayhem Mayhem, as defined in Section 203.(D) Aggravated mayhem, as defined in Section 205.(E) Kidnapping, as defined in Section 207, 209, or 209.5.(F) Assault with vitriol, corrosive acid, or caustic chemical of any nature, as described in Section 244.(G) Rape, as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.(H) Sodomy by means of force, violence, duress, menace menace, or fear of immediate and unlawful bodily injury on the victim or another person, as described in subdivision (c) of Section 286.(I) Sodomy while voluntarily acting in concert, as described in subdivision (d) of Section 286.(J) Lewd or lascivious acts on a child under the age of 14 years, as described in subdivision (b) of Section 288.(K) Oral copulation by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, as described in subdivision (c) of Section 288a.(L) Continuous sexual abuse of a child, as described in Section 288.5.(M) Sexual penetration, as described in subdivision (a) of Section 289.(N) Exploding a destructive device or explosive with intent to injure, as described in Section 18740, with intent to murder, as described in Section 18745, or resulting in great bodily injury or mayhem, as described in Section 18750.(O) Any felony in which the defendant personally inflicted great bodily injury, as provided in Section 12022.53 or 12022.7.(b) A prior conviction of an offense listed in subdivision (a) shall include a conviction in another jurisdiction for an offense which includes all of the elements of the particular felony as defined under California law.(c) This section shall apply whenever the present felony is committed on or after the effective date of this section, regardless of the date of commission of the prior offense or offenses resulting in credit-earning ineligibility.(d) This section shall be in addition to, and shall not preclude the imposition of, any applicable sentence enhancement terms, or probation ineligibility and habitual offender provisions authorized under any other section.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | The people of the State of California do enact as follows: |
|---|
| 45 | 45 | | |
|---|
| 46 | 46 | | ## The people of the State of California do enact as follows: |
|---|
| 47 | 47 | | |
|---|
| 48 | 48 | | SECTION 1. It is not the intent of the Legislature in enacting this act to alter the classification of offenses commonly referred to as statutory rape or similar types of sexual offenses that are criminal solely due to the age of the victim. It is the intent of the Legislature that the enhancements for violent felonies made by this act apply only in cases in which the crime is charged and sentenced as a felony. |
|---|
| 49 | 49 | | |
|---|
| 50 | 50 | | SECTION 1. It is not the intent of the Legislature in enacting this act to alter the classification of offenses commonly referred to as statutory rape or similar types of sexual offenses that are criminal solely due to the age of the victim. It is the intent of the Legislature that the enhancements for violent felonies made by this act apply only in cases in which the crime is charged and sentenced as a felony. |
|---|
| 51 | 51 | | |
|---|
| 52 | 52 | | SECTION 1. It is not the intent of the Legislature in enacting this act to alter the classification of offenses commonly referred to as statutory rape or similar types of sexual offenses that are criminal solely due to the age of the victim. It is the intent of the Legislature that the enhancements for violent felonies made by this act apply only in cases in which the crime is charged and sentenced as a felony. |
|---|
| 53 | 53 | | |
|---|
| 54 | 54 | | ### SECTION 1. |
|---|
| 55 | 55 | | |
|---|
| 56 | 56 | | SEC. 2. Section 667.5 of the Penal Code is amended to read:667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:(a) Where If one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant where if the prior offense was one of the violent felonies specified in subdivision (c). (c) or (d). However, no additional term shall be imposed under this subdivision for any a prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense which that results in a felony conviction.(b) Except where if subdivision (a) applies, where if the new offense is any a felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term or county jail term imposed under subdivision (h) of Section 1170 or when if the sentence is not suspended for any felony; provided that no a felony. An additional term shall not be imposed under this subdivision for any a prison term or county jail term imposed under subdivision (h) of Section 1170 or when if the sentence is not suspended prior to a period of five years in which the defendant remained free of both the commission of an offense which that results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or any a felony sentence that is not suspended. A term imposed under the provisions of paragraph (5) of subdivision (h) of Section 1170, wherein a portion of the term is suspended by the court to allow mandatory supervision, shall qualify as a prior county jail term for the purposes of the one-year enhancement.(c) For the purpose of this section, violent felony shall mean any of the following:(1) Murder or voluntary manslaughter.(2) Mayhem.(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.(4) Sodomy as defined in subdivision (c) or (d) of Section 286.(5) Oral copulation as defined in subdivision (c) or (d) of Section 288a.(6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288.(7) Any felony punishable by death or imprisonment in the state prison for life.(8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.(9) Any robbery.(10) Arson, in violation of subdivision (a) or (b) of Section 451.(11) Sexual penetration as defined in subdivision (a) or (j) of Section 289.(12) Attempted murder.(13) A violation of Section 18745, 18750, or 18755.(14) Kidnapping.(15) Assault with the intent to commit a specified felony, in violation of Section 220.(16) Continuous sexual abuse of a child, in violation of Section 288.5.(17) Carjacking, as defined in subdivision (a) of Section 215.(18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.(19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22.(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22.(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.(22) Any violation of Section 12022.53.(23) A violation of subdivision (b) or (c) of Section 11418. Th eThe Legislature finds and declares that these specified crimes specified in this subdivision merit special consideration when imposing a sentence to display societys condemnation for these extraordinary crimes of violence against the person.(d) For purposes of this section only, violent felony also means any of the following: (1) Assault with a deadly weapon in violation of paragraph (1) of subdivision (a) of Section 245, if a felony.(2) Assault by means of force likely to produce great bodily injury in violation of paragraph (4) of subdivision (a) of Section 245, if a felony.(3) False imprisonment in violation of Section 210.5.(4) Discharging a firearm in violation of Section 246, if a felony.(5) Domestic violence resulting in a traumatic condition in violation of Section 273.5, if a felony.(6) Use of force or threats against a witness or victim of a crime in violation of Section 140, if a felony.(7) Resisting a peace officer and causing death or serious injury in violation of Section 148.10, if a felony.(8) Inflicting a cruel or inhuman corporal punishment or injury on a child in violation of Section 273d, if a felony.(9) A hate crime punishable pursuant to Section 422.7, if a felony.(10) Elder or dependent adult abuse in violation of subdivision (b) of Section 368, if a felony.(11) Unlawfully causing a fire that causes great bodily injury in violation of subdivision (a) of Section 452, if a felony.(12) Rape in violation of paragraphs (1), (3), or (4) of subdivision (a) of Section 261.(13) Sexual penetration in violation of subdivision (d) or (e) of Section 289.(14) Sexual battery in violation of subdivision (a), (b), or (c) of Section 243.4, if a felony.(15) Sodomy in violation of subdivision (f), (g), or (i) of Section 286.(16) Oral copulation in violation of subdivision (f), (g), or (i) of Section 288a.(17) Abduction of a minor for purposes of prostitution in violation of Section 267.(18) Child abuse or endangerment in violation of subdivision (a) of Section 273a, if a felony.(19) Human trafficking in violation of subdivision (a), (b), or (c) of Section 236.1.(20) Possessing, exploding, or igniting a destructive device in violation of Section 18740.(21) Violation of a protective order in violation of subdivision (e) of Section 273.6, if a felony.(22) Revealing the name and address of a witness or victim in violation of Section 136.7, if a felony.(23) Assault on a peace officer in violation of Section 241.4, if a felony.(24) Assault on a school employee in violation of subdivision (a) or (b) of Section 245.5, if a felony.(25) Battery in violation of subdivision (c) of Section 243, if a felony.(26) Inciting a riot in the state prison or a county jail in violation of subdivision (c) of Section 404.6, if a felony.(27) Assault on a custodial officer in violation of Section 241.1, if a felony.(28) Battery against a custodial officer in violation of Section 243.1.(29) Assault by a person confined in the state prison in violation of subdivision (a) or (b) of Section 4501.(30) Escape or attempted escape by a person confined in the state prison in violation of Section 4503. (d)(e) For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody, including any period of mandatory supervision, or until release on parole or postrelease community supervision, whichever first occurs, including any time during which the defendant remains subject to reimprisonment or custody in county jail for escape from custody or is reimprisoned on revocation of parole or postrelease community supervision. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense.(e)(f) The additional penalties provided for prior prison terms shall not be imposed for any felony for which the defendant did not serve a prior separate term in state prison or in county jail under subdivision (h) of Section 1170.(f)(g) A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, if committed in California, is punishable by imprisonment in the state prison or in county jail under subdivision (h) of Section 1170 if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense which that includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction.(g)(h) A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprisonment on revocation of parole which is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.(h)(i) Serving a prison term includes any confinement time in any state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement.(i)(j) For the purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals, as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term.(j)(k) For the purposes of this section, when a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term served in state prison.(k)(l) (1) Notwithstanding subdivisions (d) and (g) (e) and (h) or any other provision of law, where if one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section.(2) This subdivision shall does not apply when if a full, separate, and consecutive term is imposed pursuant to any other provision of law. |
|---|
| 57 | 57 | | |
|---|
| 58 | 58 | | SEC. 2. Section 667.5 of the Penal Code is amended to read: |
|---|
| 59 | 59 | | |
|---|
| 60 | 60 | | ### SEC. 2. |
|---|
| 61 | 61 | | |
|---|
| 62 | 62 | | 667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:(a) Where If one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant where if the prior offense was one of the violent felonies specified in subdivision (c). (c) or (d). However, no additional term shall be imposed under this subdivision for any a prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense which that results in a felony conviction.(b) Except where if subdivision (a) applies, where if the new offense is any a felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term or county jail term imposed under subdivision (h) of Section 1170 or when if the sentence is not suspended for any felony; provided that no a felony. An additional term shall not be imposed under this subdivision for any a prison term or county jail term imposed under subdivision (h) of Section 1170 or when if the sentence is not suspended prior to a period of five years in which the defendant remained free of both the commission of an offense which that results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or any a felony sentence that is not suspended. A term imposed under the provisions of paragraph (5) of subdivision (h) of Section 1170, wherein a portion of the term is suspended by the court to allow mandatory supervision, shall qualify as a prior county jail term for the purposes of the one-year enhancement.(c) For the purpose of this section, violent felony shall mean any of the following:(1) Murder or voluntary manslaughter.(2) Mayhem.(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.(4) Sodomy as defined in subdivision (c) or (d) of Section 286.(5) Oral copulation as defined in subdivision (c) or (d) of Section 288a.(6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288.(7) Any felony punishable by death or imprisonment in the state prison for life.(8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.(9) Any robbery.(10) Arson, in violation of subdivision (a) or (b) of Section 451.(11) Sexual penetration as defined in subdivision (a) or (j) of Section 289.(12) Attempted murder.(13) A violation of Section 18745, 18750, or 18755.(14) Kidnapping.(15) Assault with the intent to commit a specified felony, in violation of Section 220.(16) Continuous sexual abuse of a child, in violation of Section 288.5.(17) Carjacking, as defined in subdivision (a) of Section 215.(18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.(19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22.(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22.(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.(22) Any violation of Section 12022.53.(23) A violation of subdivision (b) or (c) of Section 11418. Th eThe Legislature finds and declares that these specified crimes specified in this subdivision merit special consideration when imposing a sentence to display societys condemnation for these extraordinary crimes of violence against the person.(d) For purposes of this section only, violent felony also means any of the following: (1) Assault with a deadly weapon in violation of paragraph (1) of subdivision (a) of Section 245, if a felony.(2) Assault by means of force likely to produce great bodily injury in violation of paragraph (4) of subdivision (a) of Section 245, if a felony.(3) False imprisonment in violation of Section 210.5.(4) Discharging a firearm in violation of Section 246, if a felony.(5) Domestic violence resulting in a traumatic condition in violation of Section 273.5, if a felony.(6) Use of force or threats against a witness or victim of a crime in violation of Section 140, if a felony.(7) Resisting a peace officer and causing death or serious injury in violation of Section 148.10, if a felony.(8) Inflicting a cruel or inhuman corporal punishment or injury on a child in violation of Section 273d, if a felony.(9) A hate crime punishable pursuant to Section 422.7, if a felony.(10) Elder or dependent adult abuse in violation of subdivision (b) of Section 368, if a felony.(11) Unlawfully causing a fire that causes great bodily injury in violation of subdivision (a) of Section 452, if a felony.(12) Rape in violation of paragraphs (1), (3), or (4) of subdivision (a) of Section 261.(13) Sexual penetration in violation of subdivision (d) or (e) of Section 289.(14) Sexual battery in violation of subdivision (a), (b), or (c) of Section 243.4, if a felony.(15) Sodomy in violation of subdivision (f), (g), or (i) of Section 286.(16) Oral copulation in violation of subdivision (f), (g), or (i) of Section 288a.(17) Abduction of a minor for purposes of prostitution in violation of Section 267.(18) Child abuse or endangerment in violation of subdivision (a) of Section 273a, if a felony.(19) Human trafficking in violation of subdivision (a), (b), or (c) of Section 236.1.(20) Possessing, exploding, or igniting a destructive device in violation of Section 18740.(21) Violation of a protective order in violation of subdivision (e) of Section 273.6, if a felony.(22) Revealing the name and address of a witness or victim in violation of Section 136.7, if a felony.(23) Assault on a peace officer in violation of Section 241.4, if a felony.(24) Assault on a school employee in violation of subdivision (a) or (b) of Section 245.5, if a felony.(25) Battery in violation of subdivision (c) of Section 243, if a felony.(26) Inciting a riot in the state prison or a county jail in violation of subdivision (c) of Section 404.6, if a felony.(27) Assault on a custodial officer in violation of Section 241.1, if a felony.(28) Battery against a custodial officer in violation of Section 243.1.(29) Assault by a person confined in the state prison in violation of subdivision (a) or (b) of Section 4501.(30) Escape or attempted escape by a person confined in the state prison in violation of Section 4503. (d)(e) For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody, including any period of mandatory supervision, or until release on parole or postrelease community supervision, whichever first occurs, including any time during which the defendant remains subject to reimprisonment or custody in county jail for escape from custody or is reimprisoned on revocation of parole or postrelease community supervision. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense.(e)(f) The additional penalties provided for prior prison terms shall not be imposed for any felony for which the defendant did not serve a prior separate term in state prison or in county jail under subdivision (h) of Section 1170.(f)(g) A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, if committed in California, is punishable by imprisonment in the state prison or in county jail under subdivision (h) of Section 1170 if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense which that includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction.(g)(h) A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprisonment on revocation of parole which is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.(h)(i) Serving a prison term includes any confinement time in any state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement.(i)(j) For the purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals, as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term.(j)(k) For the purposes of this section, when a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term served in state prison.(k)(l) (1) Notwithstanding subdivisions (d) and (g) (e) and (h) or any other provision of law, where if one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section.(2) This subdivision shall does not apply when if a full, separate, and consecutive term is imposed pursuant to any other provision of law. |
|---|
| 63 | 63 | | |
|---|
| 64 | 64 | | 667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:(a) Where If one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant where if the prior offense was one of the violent felonies specified in subdivision (c). (c) or (d). However, no additional term shall be imposed under this subdivision for any a prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense which that results in a felony conviction.(b) Except where if subdivision (a) applies, where if the new offense is any a felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term or county jail term imposed under subdivision (h) of Section 1170 or when if the sentence is not suspended for any felony; provided that no a felony. An additional term shall not be imposed under this subdivision for any a prison term or county jail term imposed under subdivision (h) of Section 1170 or when if the sentence is not suspended prior to a period of five years in which the defendant remained free of both the commission of an offense which that results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or any a felony sentence that is not suspended. A term imposed under the provisions of paragraph (5) of subdivision (h) of Section 1170, wherein a portion of the term is suspended by the court to allow mandatory supervision, shall qualify as a prior county jail term for the purposes of the one-year enhancement.(c) For the purpose of this section, violent felony shall mean any of the following:(1) Murder or voluntary manslaughter.(2) Mayhem.(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.(4) Sodomy as defined in subdivision (c) or (d) of Section 286.(5) Oral copulation as defined in subdivision (c) or (d) of Section 288a.(6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288.(7) Any felony punishable by death or imprisonment in the state prison for life.(8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.(9) Any robbery.(10) Arson, in violation of subdivision (a) or (b) of Section 451.(11) Sexual penetration as defined in subdivision (a) or (j) of Section 289.(12) Attempted murder.(13) A violation of Section 18745, 18750, or 18755.(14) Kidnapping.(15) Assault with the intent to commit a specified felony, in violation of Section 220.(16) Continuous sexual abuse of a child, in violation of Section 288.5.(17) Carjacking, as defined in subdivision (a) of Section 215.(18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.(19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22.(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22.(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.(22) Any violation of Section 12022.53.(23) A violation of subdivision (b) or (c) of Section 11418. Th eThe Legislature finds and declares that these specified crimes specified in this subdivision merit special consideration when imposing a sentence to display societys condemnation for these extraordinary crimes of violence against the person.(d) For purposes of this section only, violent felony also means any of the following: (1) Assault with a deadly weapon in violation of paragraph (1) of subdivision (a) of Section 245, if a felony.(2) Assault by means of force likely to produce great bodily injury in violation of paragraph (4) of subdivision (a) of Section 245, if a felony.(3) False imprisonment in violation of Section 210.5.(4) Discharging a firearm in violation of Section 246, if a felony.(5) Domestic violence resulting in a traumatic condition in violation of Section 273.5, if a felony.(6) Use of force or threats against a witness or victim of a crime in violation of Section 140, if a felony.(7) Resisting a peace officer and causing death or serious injury in violation of Section 148.10, if a felony.(8) Inflicting a cruel or inhuman corporal punishment or injury on a child in violation of Section 273d, if a felony.(9) A hate crime punishable pursuant to Section 422.7, if a felony.(10) Elder or dependent adult abuse in violation of subdivision (b) of Section 368, if a felony.(11) Unlawfully causing a fire that causes great bodily injury in violation of subdivision (a) of Section 452, if a felony.(12) Rape in violation of paragraphs (1), (3), or (4) of subdivision (a) of Section 261.(13) Sexual penetration in violation of subdivision (d) or (e) of Section 289.(14) Sexual battery in violation of subdivision (a), (b), or (c) of Section 243.4, if a felony.(15) Sodomy in violation of subdivision (f), (g), or (i) of Section 286.(16) Oral copulation in violation of subdivision (f), (g), or (i) of Section 288a.(17) Abduction of a minor for purposes of prostitution in violation of Section 267.(18) Child abuse or endangerment in violation of subdivision (a) of Section 273a, if a felony.(19) Human trafficking in violation of subdivision (a), (b), or (c) of Section 236.1.(20) Possessing, exploding, or igniting a destructive device in violation of Section 18740.(21) Violation of a protective order in violation of subdivision (e) of Section 273.6, if a felony.(22) Revealing the name and address of a witness or victim in violation of Section 136.7, if a felony.(23) Assault on a peace officer in violation of Section 241.4, if a felony.(24) Assault on a school employee in violation of subdivision (a) or (b) of Section 245.5, if a felony.(25) Battery in violation of subdivision (c) of Section 243, if a felony.(26) Inciting a riot in the state prison or a county jail in violation of subdivision (c) of Section 404.6, if a felony.(27) Assault on a custodial officer in violation of Section 241.1, if a felony.(28) Battery against a custodial officer in violation of Section 243.1.(29) Assault by a person confined in the state prison in violation of subdivision (a) or (b) of Section 4501.(30) Escape or attempted escape by a person confined in the state prison in violation of Section 4503. (d)(e) For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody, including any period of mandatory supervision, or until release on parole or postrelease community supervision, whichever first occurs, including any time during which the defendant remains subject to reimprisonment or custody in county jail for escape from custody or is reimprisoned on revocation of parole or postrelease community supervision. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense.(e)(f) The additional penalties provided for prior prison terms shall not be imposed for any felony for which the defendant did not serve a prior separate term in state prison or in county jail under subdivision (h) of Section 1170.(f)(g) A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, if committed in California, is punishable by imprisonment in the state prison or in county jail under subdivision (h) of Section 1170 if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense which that includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction.(g)(h) A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprisonment on revocation of parole which is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.(h)(i) Serving a prison term includes any confinement time in any state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement.(i)(j) For the purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals, as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term.(j)(k) For the purposes of this section, when a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term served in state prison.(k)(l) (1) Notwithstanding subdivisions (d) and (g) (e) and (h) or any other provision of law, where if one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section.(2) This subdivision shall does not apply when if a full, separate, and consecutive term is imposed pursuant to any other provision of law. |
|---|
| 65 | 65 | | |
|---|
| 66 | 66 | | 667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:(a) Where If one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant where if the prior offense was one of the violent felonies specified in subdivision (c). (c) or (d). However, no additional term shall be imposed under this subdivision for any a prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense which that results in a felony conviction.(b) Except where if subdivision (a) applies, where if the new offense is any a felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term or county jail term imposed under subdivision (h) of Section 1170 or when if the sentence is not suspended for any felony; provided that no a felony. An additional term shall not be imposed under this subdivision for any a prison term or county jail term imposed under subdivision (h) of Section 1170 or when if the sentence is not suspended prior to a period of five years in which the defendant remained free of both the commission of an offense which that results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or any a felony sentence that is not suspended. A term imposed under the provisions of paragraph (5) of subdivision (h) of Section 1170, wherein a portion of the term is suspended by the court to allow mandatory supervision, shall qualify as a prior county jail term for the purposes of the one-year enhancement.(c) For the purpose of this section, violent felony shall mean any of the following:(1) Murder or voluntary manslaughter.(2) Mayhem.(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.(4) Sodomy as defined in subdivision (c) or (d) of Section 286.(5) Oral copulation as defined in subdivision (c) or (d) of Section 288a.(6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288.(7) Any felony punishable by death or imprisonment in the state prison for life.(8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.(9) Any robbery.(10) Arson, in violation of subdivision (a) or (b) of Section 451.(11) Sexual penetration as defined in subdivision (a) or (j) of Section 289.(12) Attempted murder.(13) A violation of Section 18745, 18750, or 18755.(14) Kidnapping.(15) Assault with the intent to commit a specified felony, in violation of Section 220.(16) Continuous sexual abuse of a child, in violation of Section 288.5.(17) Carjacking, as defined in subdivision (a) of Section 215.(18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.(19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22.(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22.(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.(22) Any violation of Section 12022.53.(23) A violation of subdivision (b) or (c) of Section 11418. Th eThe Legislature finds and declares that these specified crimes specified in this subdivision merit special consideration when imposing a sentence to display societys condemnation for these extraordinary crimes of violence against the person.(d) For purposes of this section only, violent felony also means any of the following: (1) Assault with a deadly weapon in violation of paragraph (1) of subdivision (a) of Section 245, if a felony.(2) Assault by means of force likely to produce great bodily injury in violation of paragraph (4) of subdivision (a) of Section 245, if a felony.(3) False imprisonment in violation of Section 210.5.(4) Discharging a firearm in violation of Section 246, if a felony.(5) Domestic violence resulting in a traumatic condition in violation of Section 273.5, if a felony.(6) Use of force or threats against a witness or victim of a crime in violation of Section 140, if a felony.(7) Resisting a peace officer and causing death or serious injury in violation of Section 148.10, if a felony.(8) Inflicting a cruel or inhuman corporal punishment or injury on a child in violation of Section 273d, if a felony.(9) A hate crime punishable pursuant to Section 422.7, if a felony.(10) Elder or dependent adult abuse in violation of subdivision (b) of Section 368, if a felony.(11) Unlawfully causing a fire that causes great bodily injury in violation of subdivision (a) of Section 452, if a felony.(12) Rape in violation of paragraphs (1), (3), or (4) of subdivision (a) of Section 261.(13) Sexual penetration in violation of subdivision (d) or (e) of Section 289.(14) Sexual battery in violation of subdivision (a), (b), or (c) of Section 243.4, if a felony.(15) Sodomy in violation of subdivision (f), (g), or (i) of Section 286.(16) Oral copulation in violation of subdivision (f), (g), or (i) of Section 288a.(17) Abduction of a minor for purposes of prostitution in violation of Section 267.(18) Child abuse or endangerment in violation of subdivision (a) of Section 273a, if a felony.(19) Human trafficking in violation of subdivision (a), (b), or (c) of Section 236.1.(20) Possessing, exploding, or igniting a destructive device in violation of Section 18740.(21) Violation of a protective order in violation of subdivision (e) of Section 273.6, if a felony.(22) Revealing the name and address of a witness or victim in violation of Section 136.7, if a felony.(23) Assault on a peace officer in violation of Section 241.4, if a felony.(24) Assault on a school employee in violation of subdivision (a) or (b) of Section 245.5, if a felony.(25) Battery in violation of subdivision (c) of Section 243, if a felony.(26) Inciting a riot in the state prison or a county jail in violation of subdivision (c) of Section 404.6, if a felony.(27) Assault on a custodial officer in violation of Section 241.1, if a felony.(28) Battery against a custodial officer in violation of Section 243.1.(29) Assault by a person confined in the state prison in violation of subdivision (a) or (b) of Section 4501.(30) Escape or attempted escape by a person confined in the state prison in violation of Section 4503. (d)(e) For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody, including any period of mandatory supervision, or until release on parole or postrelease community supervision, whichever first occurs, including any time during which the defendant remains subject to reimprisonment or custody in county jail for escape from custody or is reimprisoned on revocation of parole or postrelease community supervision. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense.(e)(f) The additional penalties provided for prior prison terms shall not be imposed for any felony for which the defendant did not serve a prior separate term in state prison or in county jail under subdivision (h) of Section 1170.(f)(g) A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, if committed in California, is punishable by imprisonment in the state prison or in county jail under subdivision (h) of Section 1170 if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense which that includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction.(g)(h) A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprisonment on revocation of parole which is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.(h)(i) Serving a prison term includes any confinement time in any state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement.(i)(j) For the purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals, as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term.(j)(k) For the purposes of this section, when a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term served in state prison.(k)(l) (1) Notwithstanding subdivisions (d) and (g) (e) and (h) or any other provision of law, where if one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section.(2) This subdivision shall does not apply when if a full, separate, and consecutive term is imposed pursuant to any other provision of law. |
|---|
| 67 | 67 | | |
|---|
| 68 | 68 | | |
|---|
| 69 | 69 | | |
|---|
| 70 | 70 | | 667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows: |
|---|
| 71 | 71 | | |
|---|
| 72 | 72 | | (a) Where If one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant where if the prior offense was one of the violent felonies specified in subdivision (c). (c) or (d). However, no additional term shall be imposed under this subdivision for any a prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense which that results in a felony conviction. |
|---|
| 73 | 73 | | |
|---|
| 74 | 74 | | (b) Except where if subdivision (a) applies, where if the new offense is any a felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term or county jail term imposed under subdivision (h) of Section 1170 or when if the sentence is not suspended for any felony; provided that no a felony. An additional term shall not be imposed under this subdivision for any a prison term or county jail term imposed under subdivision (h) of Section 1170 or when if the sentence is not suspended prior to a period of five years in which the defendant remained free of both the commission of an offense which that results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or any a felony sentence that is not suspended. A term imposed under the provisions of paragraph (5) of subdivision (h) of Section 1170, wherein a portion of the term is suspended by the court to allow mandatory supervision, shall qualify as a prior county jail term for the purposes of the one-year enhancement. |
|---|
| 75 | 75 | | |
|---|
| 76 | 76 | | (c) For the purpose of this section, violent felony shall mean any of the following: |
|---|
| 77 | 77 | | |
|---|
| 78 | 78 | | (1) Murder or voluntary manslaughter. |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | (2) Mayhem. |
|---|
| 81 | 81 | | |
|---|
| 82 | 82 | | (3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262. |
|---|
| 83 | 83 | | |
|---|
| 84 | 84 | | (4) Sodomy as defined in subdivision (c) or (d) of Section 286. |
|---|
| 85 | 85 | | |
|---|
| 86 | 86 | | (5) Oral copulation as defined in subdivision (c) or (d) of Section 288a. |
|---|
| 87 | 87 | | |
|---|
| 88 | 88 | | (6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288. |
|---|
| 89 | 89 | | |
|---|
| 90 | 90 | | (7) Any felony punishable by death or imprisonment in the state prison for life. |
|---|
| 91 | 91 | | |
|---|
| 92 | 92 | | (8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55. |
|---|
| 93 | 93 | | |
|---|
| 94 | 94 | | (9) Any robbery. |
|---|
| 95 | 95 | | |
|---|
| 96 | 96 | | (10) Arson, in violation of subdivision (a) or (b) of Section 451. |
|---|
| 97 | 97 | | |
|---|
| 98 | 98 | | (11) Sexual penetration as defined in subdivision (a) or (j) of Section 289. |
|---|
| 99 | 99 | | |
|---|
| 100 | 100 | | (12) Attempted murder. |
|---|
| 101 | 101 | | |
|---|
| 102 | 102 | | (13) A violation of Section 18745, 18750, or 18755. |
|---|
| 103 | 103 | | |
|---|
| 104 | 104 | | (14) Kidnapping. |
|---|
| 105 | 105 | | |
|---|
| 106 | 106 | | (15) Assault with the intent to commit a specified felony, in violation of Section 220. |
|---|
| 107 | 107 | | |
|---|
| 108 | 108 | | (16) Continuous sexual abuse of a child, in violation of Section 288.5. |
|---|
| 109 | 109 | | |
|---|
| 110 | 110 | | (17) Carjacking, as defined in subdivision (a) of Section 215. |
|---|
| 111 | 111 | | |
|---|
| 112 | 112 | | (18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. |
|---|
| 113 | 113 | | |
|---|
| 114 | 114 | | (19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22. |
|---|
| 115 | 115 | | |
|---|
| 116 | 116 | | (20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22. |
|---|
| 117 | 117 | | |
|---|
| 118 | 118 | | (21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary. |
|---|
| 119 | 119 | | |
|---|
| 120 | 120 | | (22) Any violation of Section 12022.53. |
|---|
| 121 | 121 | | |
|---|
| 122 | 122 | | (23) A violation of subdivision (b) or (c) of Section 11418. Th e |
|---|
| 123 | 123 | | |
|---|
| 124 | 124 | | The Legislature finds and declares that these specified crimes specified in this subdivision merit special consideration when imposing a sentence to display societys condemnation for these extraordinary crimes of violence against the person. |
|---|
| 125 | 125 | | |
|---|
| 126 | 126 | | (d) For purposes of this section only, violent felony also means any of the following: (1) Assault with a deadly weapon in violation of paragraph (1) of subdivision (a) of Section 245, if a felony.(2) Assault by means of force likely to produce great bodily injury in violation of paragraph (4) of subdivision (a) of Section 245, if a felony.(3) False imprisonment in violation of Section 210.5.(4) Discharging a firearm in violation of Section 246, if a felony.(5) Domestic violence resulting in a traumatic condition in violation of Section 273.5, if a felony.(6) Use of force or threats against a witness or victim of a crime in violation of Section 140, if a felony.(7) Resisting a peace officer and causing death or serious injury in violation of Section 148.10, if a felony.(8) Inflicting a cruel or inhuman corporal punishment or injury on a child in violation of Section 273d, if a felony.(9) A hate crime punishable pursuant to Section 422.7, if a felony.(10) Elder or dependent adult abuse in violation of subdivision (b) of Section 368, if a felony.(11) Unlawfully causing a fire that causes great bodily injury in violation of subdivision (a) of Section 452, if a felony.(12) Rape in violation of paragraphs (1), (3), or (4) of subdivision (a) of Section 261.(13) Sexual penetration in violation of subdivision (d) or (e) of Section 289.(14) Sexual battery in violation of subdivision (a), (b), or (c) of Section 243.4, if a felony.(15) Sodomy in violation of subdivision (f), (g), or (i) of Section 286.(16) Oral copulation in violation of subdivision (f), (g), or (i) of Section 288a.(17) Abduction of a minor for purposes of prostitution in violation of Section 267.(18) Child abuse or endangerment in violation of subdivision (a) of Section 273a, if a felony.(19) Human trafficking in violation of subdivision (a), (b), or (c) of Section 236.1.(20) Possessing, exploding, or igniting a destructive device in violation of Section 18740.(21) Violation of a protective order in violation of subdivision (e) of Section 273.6, if a felony.(22) Revealing the name and address of a witness or victim in violation of Section 136.7, if a felony.(23) Assault on a peace officer in violation of Section 241.4, if a felony.(24) Assault on a school employee in violation of subdivision (a) or (b) of Section 245.5, if a felony.(25) Battery in violation of subdivision (c) of Section 243, if a felony.(26) Inciting a riot in the state prison or a county jail in violation of subdivision (c) of Section 404.6, if a felony.(27) Assault on a custodial officer in violation of Section 241.1, if a felony.(28) Battery against a custodial officer in violation of Section 243.1.(29) Assault by a person confined in the state prison in violation of subdivision (a) or (b) of Section 4501.(30) Escape or attempted escape by a person confined in the state prison in violation of Section 4503. |
|---|
| 127 | 127 | | |
|---|
| 128 | 128 | | (1) Assault with a deadly weapon in violation of paragraph (1) of subdivision (a) of Section 245, if a felony. |
|---|
| 129 | 129 | | |
|---|
| 130 | 130 | | (2) Assault by means of force likely to produce great bodily injury in violation of paragraph (4) of subdivision (a) of Section 245, if a felony. |
|---|
| 131 | 131 | | |
|---|
| 132 | 132 | | (3) False imprisonment in violation of Section 210.5. |
|---|
| 133 | 133 | | |
|---|
| 134 | 134 | | (4) Discharging a firearm in violation of Section 246, if a felony. |
|---|
| 135 | 135 | | |
|---|
| 136 | 136 | | (5) Domestic violence resulting in a traumatic condition in violation of Section 273.5, if a felony. |
|---|
| 137 | 137 | | |
|---|
| 138 | 138 | | (6) Use of force or threats against a witness or victim of a crime in violation of Section 140, if a felony. |
|---|
| 139 | 139 | | |
|---|
| 140 | 140 | | (7) Resisting a peace officer and causing death or serious injury in violation of Section 148.10, if a felony. |
|---|
| 141 | 141 | | |
|---|
| 142 | 142 | | (8) Inflicting a cruel or inhuman corporal punishment or injury on a child in violation of Section 273d, if a felony. |
|---|
| 143 | 143 | | |
|---|
| 144 | 144 | | (9) A hate crime punishable pursuant to Section 422.7, if a felony. |
|---|
| 145 | 145 | | |
|---|
| 146 | 146 | | (10) Elder or dependent adult abuse in violation of subdivision (b) of Section 368, if a felony. |
|---|
| 147 | 147 | | |
|---|
| 148 | 148 | | (11) Unlawfully causing a fire that causes great bodily injury in violation of subdivision (a) of Section 452, if a felony. |
|---|
| 149 | 149 | | |
|---|
| 150 | 150 | | (12) Rape in violation of paragraphs (1), (3), or (4) of subdivision (a) of Section 261. |
|---|
| 151 | 151 | | |
|---|
| 152 | 152 | | (13) Sexual penetration in violation of subdivision (d) or (e) of Section 289. |
|---|
| 153 | 153 | | |
|---|
| 154 | 154 | | (14) Sexual battery in violation of subdivision (a), (b), or (c) of Section 243.4, if a felony. |
|---|
| 155 | 155 | | |
|---|
| 156 | 156 | | (15) Sodomy in violation of subdivision (f), (g), or (i) of Section 286. |
|---|
| 157 | 157 | | |
|---|
| 158 | 158 | | (16) Oral copulation in violation of subdivision (f), (g), or (i) of Section 288a. |
|---|
| 159 | 159 | | |
|---|
| 160 | 160 | | (17) Abduction of a minor for purposes of prostitution in violation of Section 267. |
|---|
| 161 | 161 | | |
|---|
| 162 | 162 | | (18) Child abuse or endangerment in violation of subdivision (a) of Section 273a, if a felony. |
|---|
| 163 | 163 | | |
|---|
| 164 | 164 | | (19) Human trafficking in violation of subdivision (a), (b), or (c) of Section 236.1. |
|---|
| 165 | 165 | | |
|---|
| 166 | 166 | | (20) Possessing, exploding, or igniting a destructive device in violation of Section 18740. |
|---|
| 167 | 167 | | |
|---|
| 168 | 168 | | (21) Violation of a protective order in violation of subdivision (e) of Section 273.6, if a felony. |
|---|
| 169 | 169 | | |
|---|
| 170 | 170 | | (22) Revealing the name and address of a witness or victim in violation of Section 136.7, if a felony. |
|---|
| 171 | 171 | | |
|---|
| 172 | 172 | | (23) Assault on a peace officer in violation of Section 241.4, if a felony. |
|---|
| 173 | 173 | | |
|---|
| 174 | 174 | | (24) Assault on a school employee in violation of subdivision (a) or (b) of Section 245.5, if a felony. |
|---|
| 175 | 175 | | |
|---|
| 176 | 176 | | (25) Battery in violation of subdivision (c) of Section 243, if a felony. |
|---|
| 177 | 177 | | |
|---|
| 178 | 178 | | (26) Inciting a riot in the state prison or a county jail in violation of subdivision (c) of Section 404.6, if a felony. |
|---|
| 179 | 179 | | |
|---|
| 180 | 180 | | (27) Assault on a custodial officer in violation of Section 241.1, if a felony. |
|---|
| 181 | 181 | | |
|---|
| 182 | 182 | | (28) Battery against a custodial officer in violation of Section 243.1. |
|---|
| 183 | 183 | | |
|---|
| 184 | 184 | | (29) Assault by a person confined in the state prison in violation of subdivision (a) or (b) of Section 4501. |
|---|
| 185 | 185 | | |
|---|
| 186 | 186 | | (30) Escape or attempted escape by a person confined in the state prison in violation of Section 4503. |
|---|
| 187 | 187 | | |
|---|
| 188 | 188 | | (d) |
|---|
| 189 | 189 | | |
|---|
| 190 | 190 | | |
|---|
| 191 | 191 | | |
|---|
| 192 | 192 | | (e) For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody, including any period of mandatory supervision, or until release on parole or postrelease community supervision, whichever first occurs, including any time during which the defendant remains subject to reimprisonment or custody in county jail for escape from custody or is reimprisoned on revocation of parole or postrelease community supervision. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense. |
|---|
| 193 | 193 | | |
|---|
| 194 | 194 | | (e) |
|---|
| 195 | 195 | | |
|---|
| 196 | 196 | | |
|---|
| 197 | 197 | | |
|---|
| 198 | 198 | | (f) The additional penalties provided for prior prison terms shall not be imposed for any felony for which the defendant did not serve a prior separate term in state prison or in county jail under subdivision (h) of Section 1170. |
|---|
| 199 | 199 | | |
|---|
| 200 | 200 | | (f) |
|---|
| 201 | 201 | | |
|---|
| 202 | 202 | | |
|---|
| 203 | 203 | | |
|---|
| 204 | 204 | | (g) A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, if committed in California, is punishable by imprisonment in the state prison or in county jail under subdivision (h) of Section 1170 if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense which that includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction. |
|---|
| 205 | 205 | | |
|---|
| 206 | 206 | | (g) |
|---|
| 207 | 207 | | |
|---|
| 208 | 208 | | |
|---|
| 209 | 209 | | |
|---|
| 210 | 210 | | (h) A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprisonment on revocation of parole which is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration. |
|---|
| 211 | 211 | | |
|---|
| 212 | 212 | | (h) |
|---|
| 213 | 213 | | |
|---|
| 214 | 214 | | |
|---|
| 215 | 215 | | |
|---|
| 216 | 216 | | (i) Serving a prison term includes any confinement time in any state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement. |
|---|
| 217 | 217 | | |
|---|
| 218 | 218 | | (i) |
|---|
| 219 | 219 | | |
|---|
| 220 | 220 | | |
|---|
| 221 | 221 | | |
|---|
| 222 | 222 | | (j) For the purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals, as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term. |
|---|
| 223 | 223 | | |
|---|
| 224 | 224 | | (j) |
|---|
| 225 | 225 | | |
|---|
| 226 | 226 | | |
|---|
| 227 | 227 | | |
|---|
| 228 | 228 | | (k) For the purposes of this section, when a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term served in state prison. |
|---|
| 229 | 229 | | |
|---|
| 230 | 230 | | (k) |
|---|
| 231 | 231 | | |
|---|
| 232 | 232 | | |
|---|
| 233 | 233 | | |
|---|
| 234 | 234 | | (l) (1) Notwithstanding subdivisions (d) and (g) (e) and (h) or any other provision of law, where if one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section. |
|---|
| 235 | 235 | | |
|---|
| 236 | 236 | | (2) This subdivision shall does not apply when if a full, separate, and consecutive term is imposed pursuant to any other provision of law. |
|---|
| 237 | 237 | | |
|---|
| 238 | 238 | | SEC. 3. Section 2933.5 of the Penal Code is amended to read:2933.5. (a) (1) Notwithstanding any other law, every person who is convicted of any felony offense listed in paragraph (2), and who previously has been convicted two or more times, on charges separately brought and tried, and who previously has served two or more separate prior prison terms, as defined in subdivision (g) (h) of Section 667.5, of any offense or offenses listed in paragraph (2), shall be ineligible to earn credit on his or her term of imprisonment pursuant to this article.(2) As used in this subdivision, felony offense includes any of the following:(A) Murder, as defined in Sections 187 and 189.(B) Voluntary manslaughter, as defined in subdivision (a) of Section 192.(C) Mayhem Mayhem, as defined in Section 203.(D) Aggravated mayhem, as defined in Section 205.(E) Kidnapping, as defined in Section 207, 209, or 209.5.(F) Assault with vitriol, corrosive acid, or caustic chemical of any nature, as described in Section 244.(G) Rape, as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.(H) Sodomy by means of force, violence, duress, menace menace, or fear of immediate and unlawful bodily injury on the victim or another person, as described in subdivision (c) of Section 286.(I) Sodomy while voluntarily acting in concert, as described in subdivision (d) of Section 286.(J) Lewd or lascivious acts on a child under the age of 14 years, as described in subdivision (b) of Section 288.(K) Oral copulation by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, as described in subdivision (c) of Section 288a.(L) Continuous sexual abuse of a child, as described in Section 288.5.(M) Sexual penetration, as described in subdivision (a) of Section 289.(N) Exploding a destructive device or explosive with intent to injure, as described in Section 18740, with intent to murder, as described in Section 18745, or resulting in great bodily injury or mayhem, as described in Section 18750.(O) Any felony in which the defendant personally inflicted great bodily injury, as provided in Section 12022.53 or 12022.7.(b) A prior conviction of an offense listed in subdivision (a) shall include a conviction in another jurisdiction for an offense which includes all of the elements of the particular felony as defined under California law.(c) This section shall apply whenever the present felony is committed on or after the effective date of this section, regardless of the date of commission of the prior offense or offenses resulting in credit-earning ineligibility.(d) This section shall be in addition to, and shall not preclude the imposition of, any applicable sentence enhancement terms, or probation ineligibility and habitual offender provisions authorized under any other section. |
|---|
| 239 | 239 | | |
|---|
| 240 | 240 | | SEC. 3. Section 2933.5 of the Penal Code is amended to read: |
|---|
| 241 | 241 | | |
|---|
| 242 | 242 | | ### SEC. 3. |
|---|
| 243 | 243 | | |
|---|
| 244 | 244 | | 2933.5. (a) (1) Notwithstanding any other law, every person who is convicted of any felony offense listed in paragraph (2), and who previously has been convicted two or more times, on charges separately brought and tried, and who previously has served two or more separate prior prison terms, as defined in subdivision (g) (h) of Section 667.5, of any offense or offenses listed in paragraph (2), shall be ineligible to earn credit on his or her term of imprisonment pursuant to this article.(2) As used in this subdivision, felony offense includes any of the following:(A) Murder, as defined in Sections 187 and 189.(B) Voluntary manslaughter, as defined in subdivision (a) of Section 192.(C) Mayhem Mayhem, as defined in Section 203.(D) Aggravated mayhem, as defined in Section 205.(E) Kidnapping, as defined in Section 207, 209, or 209.5.(F) Assault with vitriol, corrosive acid, or caustic chemical of any nature, as described in Section 244.(G) Rape, as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.(H) Sodomy by means of force, violence, duress, menace menace, or fear of immediate and unlawful bodily injury on the victim or another person, as described in subdivision (c) of Section 286.(I) Sodomy while voluntarily acting in concert, as described in subdivision (d) of Section 286.(J) Lewd or lascivious acts on a child under the age of 14 years, as described in subdivision (b) of Section 288.(K) Oral copulation by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, as described in subdivision (c) of Section 288a.(L) Continuous sexual abuse of a child, as described in Section 288.5.(M) Sexual penetration, as described in subdivision (a) of Section 289.(N) Exploding a destructive device or explosive with intent to injure, as described in Section 18740, with intent to murder, as described in Section 18745, or resulting in great bodily injury or mayhem, as described in Section 18750.(O) Any felony in which the defendant personally inflicted great bodily injury, as provided in Section 12022.53 or 12022.7.(b) A prior conviction of an offense listed in subdivision (a) shall include a conviction in another jurisdiction for an offense which includes all of the elements of the particular felony as defined under California law.(c) This section shall apply whenever the present felony is committed on or after the effective date of this section, regardless of the date of commission of the prior offense or offenses resulting in credit-earning ineligibility.(d) This section shall be in addition to, and shall not preclude the imposition of, any applicable sentence enhancement terms, or probation ineligibility and habitual offender provisions authorized under any other section. |
|---|
| 245 | 245 | | |
|---|
| 246 | 246 | | 2933.5. (a) (1) Notwithstanding any other law, every person who is convicted of any felony offense listed in paragraph (2), and who previously has been convicted two or more times, on charges separately brought and tried, and who previously has served two or more separate prior prison terms, as defined in subdivision (g) (h) of Section 667.5, of any offense or offenses listed in paragraph (2), shall be ineligible to earn credit on his or her term of imprisonment pursuant to this article.(2) As used in this subdivision, felony offense includes any of the following:(A) Murder, as defined in Sections 187 and 189.(B) Voluntary manslaughter, as defined in subdivision (a) of Section 192.(C) Mayhem Mayhem, as defined in Section 203.(D) Aggravated mayhem, as defined in Section 205.(E) Kidnapping, as defined in Section 207, 209, or 209.5.(F) Assault with vitriol, corrosive acid, or caustic chemical of any nature, as described in Section 244.(G) Rape, as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.(H) Sodomy by means of force, violence, duress, menace menace, or fear of immediate and unlawful bodily injury on the victim or another person, as described in subdivision (c) of Section 286.(I) Sodomy while voluntarily acting in concert, as described in subdivision (d) of Section 286.(J) Lewd or lascivious acts on a child under the age of 14 years, as described in subdivision (b) of Section 288.(K) Oral copulation by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, as described in subdivision (c) of Section 288a.(L) Continuous sexual abuse of a child, as described in Section 288.5.(M) Sexual penetration, as described in subdivision (a) of Section 289.(N) Exploding a destructive device or explosive with intent to injure, as described in Section 18740, with intent to murder, as described in Section 18745, or resulting in great bodily injury or mayhem, as described in Section 18750.(O) Any felony in which the defendant personally inflicted great bodily injury, as provided in Section 12022.53 or 12022.7.(b) A prior conviction of an offense listed in subdivision (a) shall include a conviction in another jurisdiction for an offense which includes all of the elements of the particular felony as defined under California law.(c) This section shall apply whenever the present felony is committed on or after the effective date of this section, regardless of the date of commission of the prior offense or offenses resulting in credit-earning ineligibility.(d) This section shall be in addition to, and shall not preclude the imposition of, any applicable sentence enhancement terms, or probation ineligibility and habitual offender provisions authorized under any other section. |
|---|
| 247 | 247 | | |
|---|
| 248 | 248 | | 2933.5. (a) (1) Notwithstanding any other law, every person who is convicted of any felony offense listed in paragraph (2), and who previously has been convicted two or more times, on charges separately brought and tried, and who previously has served two or more separate prior prison terms, as defined in subdivision (g) (h) of Section 667.5, of any offense or offenses listed in paragraph (2), shall be ineligible to earn credit on his or her term of imprisonment pursuant to this article.(2) As used in this subdivision, felony offense includes any of the following:(A) Murder, as defined in Sections 187 and 189.(B) Voluntary manslaughter, as defined in subdivision (a) of Section 192.(C) Mayhem Mayhem, as defined in Section 203.(D) Aggravated mayhem, as defined in Section 205.(E) Kidnapping, as defined in Section 207, 209, or 209.5.(F) Assault with vitriol, corrosive acid, or caustic chemical of any nature, as described in Section 244.(G) Rape, as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.(H) Sodomy by means of force, violence, duress, menace menace, or fear of immediate and unlawful bodily injury on the victim or another person, as described in subdivision (c) of Section 286.(I) Sodomy while voluntarily acting in concert, as described in subdivision (d) of Section 286.(J) Lewd or lascivious acts on a child under the age of 14 years, as described in subdivision (b) of Section 288.(K) Oral copulation by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, as described in subdivision (c) of Section 288a.(L) Continuous sexual abuse of a child, as described in Section 288.5.(M) Sexual penetration, as described in subdivision (a) of Section 289.(N) Exploding a destructive device or explosive with intent to injure, as described in Section 18740, with intent to murder, as described in Section 18745, or resulting in great bodily injury or mayhem, as described in Section 18750.(O) Any felony in which the defendant personally inflicted great bodily injury, as provided in Section 12022.53 or 12022.7.(b) A prior conviction of an offense listed in subdivision (a) shall include a conviction in another jurisdiction for an offense which includes all of the elements of the particular felony as defined under California law.(c) This section shall apply whenever the present felony is committed on or after the effective date of this section, regardless of the date of commission of the prior offense or offenses resulting in credit-earning ineligibility.(d) This section shall be in addition to, and shall not preclude the imposition of, any applicable sentence enhancement terms, or probation ineligibility and habitual offender provisions authorized under any other section. |
|---|
| 249 | 249 | | |
|---|
| 250 | 250 | | |
|---|
| 251 | 251 | | |
|---|
| 252 | 252 | | 2933.5. (a) (1) Notwithstanding any other law, every person who is convicted of any felony offense listed in paragraph (2), and who previously has been convicted two or more times, on charges separately brought and tried, and who previously has served two or more separate prior prison terms, as defined in subdivision (g) (h) of Section 667.5, of any offense or offenses listed in paragraph (2), shall be ineligible to earn credit on his or her term of imprisonment pursuant to this article. |
|---|
| 253 | 253 | | |
|---|
| 254 | 254 | | (2) As used in this subdivision, felony offense includes any of the following: |
|---|
| 255 | 255 | | |
|---|
| 256 | 256 | | (A) Murder, as defined in Sections 187 and 189. |
|---|
| 257 | 257 | | |
|---|
| 258 | 258 | | (B) Voluntary manslaughter, as defined in subdivision (a) of Section 192. |
|---|
| 259 | 259 | | |
|---|
| 260 | 260 | | (C) Mayhem Mayhem, as defined in Section 203. |
|---|
| 261 | 261 | | |
|---|
| 262 | 262 | | (D) Aggravated mayhem, as defined in Section 205. |
|---|
| 263 | 263 | | |
|---|
| 264 | 264 | | (E) Kidnapping, as defined in Section 207, 209, or 209.5. |
|---|
| 265 | 265 | | |
|---|
| 266 | 266 | | (F) Assault with vitriol, corrosive acid, or caustic chemical of any nature, as described in Section 244. |
|---|
| 267 | 267 | | |
|---|
| 268 | 268 | | (G) Rape, as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262. |
|---|
| 269 | 269 | | |
|---|
| 270 | 270 | | (H) Sodomy by means of force, violence, duress, menace menace, or fear of immediate and unlawful bodily injury on the victim or another person, as described in subdivision (c) of Section 286. |
|---|
| 271 | 271 | | |
|---|
| 272 | 272 | | (I) Sodomy while voluntarily acting in concert, as described in subdivision (d) of Section 286. |
|---|
| 273 | 273 | | |
|---|
| 274 | 274 | | (J) Lewd or lascivious acts on a child under the age of 14 years, as described in subdivision (b) of Section 288. |
|---|
| 275 | 275 | | |
|---|
| 276 | 276 | | (K) Oral copulation by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, as described in subdivision (c) of Section 288a. |
|---|
| 277 | 277 | | |
|---|
| 278 | 278 | | (L) Continuous sexual abuse of a child, as described in Section 288.5. |
|---|
| 279 | 279 | | |
|---|
| 280 | 280 | | (M) Sexual penetration, as described in subdivision (a) of Section 289. |
|---|
| 281 | 281 | | |
|---|
| 282 | 282 | | (N) Exploding a destructive device or explosive with intent to injure, as described in Section 18740, with intent to murder, as described in Section 18745, or resulting in great bodily injury or mayhem, as described in Section 18750. |
|---|
| 283 | 283 | | |
|---|
| 284 | 284 | | (O) Any felony in which the defendant personally inflicted great bodily injury, as provided in Section 12022.53 or 12022.7. |
|---|
| 285 | 285 | | |
|---|
| 286 | 286 | | (b) A prior conviction of an offense listed in subdivision (a) shall include a conviction in another jurisdiction for an offense which includes all of the elements of the particular felony as defined under California law. |
|---|
| 287 | 287 | | |
|---|
| 288 | 288 | | (c) This section shall apply whenever the present felony is committed on or after the effective date of this section, regardless of the date of commission of the prior offense or offenses resulting in credit-earning ineligibility. |
|---|
| 289 | 289 | | |
|---|
| 290 | 290 | | (d) This section shall be in addition to, and shall not preclude the imposition of, any applicable sentence enhancement terms, or probation ineligibility and habitual offender provisions authorized under any other section. |
|---|
| 291 | 291 | | |
|---|
| 292 | 292 | | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
|---|
| 293 | 293 | | |
|---|
| 294 | 294 | | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
|---|
| 295 | 295 | | |
|---|
| 296 | 296 | | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
|---|
| 297 | 297 | | |
|---|
| 298 | 298 | | ### SEC. 4. |
|---|