California 2019-2020 Regular Session

California Assembly Bill AB1755 Compare Versions

Only one version of the bill is available at this time.

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1	1	CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1755Introduced by Assembly Member WeberFebruary 22, 2019 An act to amend Section 1170.81 of the Penal Code, relating to sentencing. LEGISLATIVE COUNSEL'S DIGESTAB 1755, as introduced, Weber. Sentencing.Existing law, until January 1, 2022, requires the court to select the term which, in the courts discretion, best serves the interests of justice, when a judgment of imprisonment is to be imposed and the statute specifies three possible terms. Commencing January 1, 2022, existing law requires the court to impose the middle term, unless there are circumstances in aggravation or mitigation of the crime. Existing law requires the fact that the intended victim of an attempted life term crime was a peace officer to be considered a circumstance in aggravation of the crime in imposing a term.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1170.81 of the Penal Code is amended to read:1170.81. The fact that the intended victim of an attempted life term crime was a peace officer, as described in subdivisions (a) and (b) of Section 830.1, or Section 830.2, 830.5 or 830.6, while the peace officer was engaged in the performance of his or her the officers duties, and the defendant knew or reasonably should have known that the victim was a peace officer engaged in the performance of his or her the officers duties, shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170.
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3	3	CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1755Introduced by Assembly Member WeberFebruary 22, 2019 An act to amend Section 1170.81 of the Penal Code, relating to sentencing. LEGISLATIVE COUNSEL'S DIGESTAB 1755, as introduced, Weber. Sentencing.Existing law, until January 1, 2022, requires the court to select the term which, in the courts discretion, best serves the interests of justice, when a judgment of imprisonment is to be imposed and the statute specifies three possible terms. Commencing January 1, 2022, existing law requires the court to impose the middle term, unless there are circumstances in aggravation or mitigation of the crime. Existing law requires the fact that the intended victim of an attempted life term crime was a peace officer to be considered a circumstance in aggravation of the crime in imposing a term.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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9	9	CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
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11	11	Assembly Bill No. 1755
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13	13	Introduced by Assembly Member WeberFebruary 22, 2019
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15	15	Introduced by Assembly Member Weber
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18	18	An act to amend Section 1170.81 of the Penal Code, relating to sentencing.
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20	20	LEGISLATIVE COUNSEL'S DIGEST
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22	22	## LEGISLATIVE COUNSEL'S DIGEST
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24	24	AB 1755, as introduced, Weber. Sentencing.
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26	26	Existing law, until January 1, 2022, requires the court to select the term which, in the courts discretion, best serves the interests of justice, when a judgment of imprisonment is to be imposed and the statute specifies three possible terms. Commencing January 1, 2022, existing law requires the court to impose the middle term, unless there are circumstances in aggravation or mitigation of the crime. Existing law requires the fact that the intended victim of an attempted life term crime was a peace officer to be considered a circumstance in aggravation of the crime in imposing a term.This bill would make technical, nonsubstantive changes to these provisions.
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28	28	Existing law, until January 1, 2022, requires the court to select the term which, in the courts discretion, best serves the interests of justice, when a judgment of imprisonment is to be imposed and the statute specifies three possible terms. Commencing January 1, 2022, existing law requires the court to impose the middle term, unless there are circumstances in aggravation or mitigation of the crime. Existing law requires the fact that the intended victim of an attempted life term crime was a peace officer to be considered a circumstance in aggravation of the crime in imposing a term.
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30	30	This bill would make technical, nonsubstantive changes to these provisions.
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32	32	## Digest Key
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34	34	## Bill Text
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36	36	The people of the State of California do enact as follows:SECTION 1. Section 1170.81 of the Penal Code is amended to read:1170.81. The fact that the intended victim of an attempted life term crime was a peace officer, as described in subdivisions (a) and (b) of Section 830.1, or Section 830.2, 830.5 or 830.6, while the peace officer was engaged in the performance of his or her the officers duties, and the defendant knew or reasonably should have known that the victim was a peace officer engaged in the performance of his or her the officers duties, shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170.
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38	38	The people of the State of California do enact as follows:
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40	40	## The people of the State of California do enact as follows:
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42	42	SECTION 1. Section 1170.81 of the Penal Code is amended to read:1170.81. The fact that the intended victim of an attempted life term crime was a peace officer, as described in subdivisions (a) and (b) of Section 830.1, or Section 830.2, 830.5 or 830.6, while the peace officer was engaged in the performance of his or her the officers duties, and the defendant knew or reasonably should have known that the victim was a peace officer engaged in the performance of his or her the officers duties, shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170.
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44	44	SECTION 1. Section 1170.81 of the Penal Code is amended to read:
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46	46	### SECTION 1.
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48	48	1170.81. The fact that the intended victim of an attempted life term crime was a peace officer, as described in subdivisions (a) and (b) of Section 830.1, or Section 830.2, 830.5 or 830.6, while the peace officer was engaged in the performance of his or her the officers duties, and the defendant knew or reasonably should have known that the victim was a peace officer engaged in the performance of his or her the officers duties, shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170.
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50	50	1170.81. The fact that the intended victim of an attempted life term crime was a peace officer, as described in subdivisions (a) and (b) of Section 830.1, or Section 830.2, 830.5 or 830.6, while the peace officer was engaged in the performance of his or her the officers duties, and the defendant knew or reasonably should have known that the victim was a peace officer engaged in the performance of his or her the officers duties, shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170.
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52	52	1170.81. The fact that the intended victim of an attempted life term crime was a peace officer, as described in subdivisions (a) and (b) of Section 830.1, or Section 830.2, 830.5 or 830.6, while the peace officer was engaged in the performance of his or her the officers duties, and the defendant knew or reasonably should have known that the victim was a peace officer engaged in the performance of his or her the officers duties, shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170.
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56	56	1170.81. The fact that the intended victim of an attempted life term crime was a peace officer, as described in subdivisions (a) and (b) of Section 830.1, or Section 830.2, 830.5 or 830.6, while the peace officer was engaged in the performance of his or her the officers duties, and the defendant knew or reasonably should have known that the victim was a peace officer engaged in the performance of his or her the officers duties, shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170.