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| 1 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 516Introduced by Senator SkinnerFebruary 21, 2019 An act to amend Section 27 of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGESTSB 516, as introduced, Skinner. Crimes: punishment.Existing law specifies the persons who are liable to punishment under the laws of this state, including, among others, all persons who commit any crime within the state, and all who commit any specified offense outside the state and bring the stolen or embezzled property within the state, as specified.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 27 of the Penal Code is amended to read:27. (a) The following persons are liable to punishment under the laws of this state:(1) All persons who commit, in whole or in part, any crime within this state.(2) All persons who commit any offense without this state which, that, if committed within this state, would be larceny, carjacking, robbery, or embezzlement under the laws of this state, and bring the property stolen or embezzled, or any part of it, or are found with it, or any part of it, within this state.(3) All persons who, being without this state, cause or aid, advise or encourage, another person to commit a crime within this state, and are afterwards found therein.(b) Perjury, in violation of Section 118, is punishable also when committed outside of California to the extent provided in Section 118. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 516Introduced by Senator SkinnerFebruary 21, 2019 An act to amend Section 27 of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGESTSB 516, as introduced, Skinner. Crimes: punishment.Existing law specifies the persons who are liable to punishment under the laws of this state, including, among others, all persons who commit any crime within the state, and all who commit any specified offense outside the state and bring the stolen or embezzled property within the state, as specified.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Senate March 25, 2019 | |
| 6 | 5 | ||
| 7 | - | Amended IN Senate March 25, 2019 | |
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| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Senate Bill No. 516 | |
| 12 | 12 | ||
| 13 | 13 | Introduced by Senator SkinnerFebruary 21, 2019 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Senator Skinner | |
| 16 | 16 | February 21, 2019 | |
| 17 | 17 | ||
| 18 | - | An act to amend | |
| 18 | + | An act to amend Section 27 of the Penal Code, relating to crimes. | |
| 19 | 19 | ||
| 20 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 21 | 21 | ||
| 22 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | - | SB 516, as | |
| 24 | + | SB 516, as introduced, Skinner. Crimes: punishment. | |
| 25 | 25 | ||
| 26 | - | Under existing law, a person who actively participates in any criminal street gang with knowledge that its members engage in, or have engaged in, a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang is guilty of a crime. Existing law authorizes a court, in its discretion, to exclude evidence if its probative value is substantially outweighed by the probability that its admission will either necessitate undue consumption of time or create substantial danger of undue prejudice, confusing the issues, or misleading the jury.This bill would require a case in which a person is charged with actively participating in a criminal street gang, as described above, and other criminal charges to be tried in phases that separate the trier of facts determination of the persons guilt of participation with the criminal street gang and guilt of the other criminal charges, as specified.Existing law specifies the persons who are liable to punishment under the laws of this state, including, among others, all persons who commit any crime within the state, and all who commit any specified offense outside the state and bring the stolen or embezzled property within the state, as specified.This bill would make technical, nonsubstantive changes to these provisions. | |
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| 28 | - | Under existing law, a person who actively participates in any criminal street gang with knowledge that its members engage in, or have engaged in, a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang is guilty of a crime. Existing law authorizes a court, in its discretion, to exclude evidence if its probative value is substantially outweighed by the probability that its admission will either necessitate undue consumption of time or create substantial danger of undue prejudice, confusing the issues, or misleading the jury. | |
| 29 | - | ||
| 30 | - | This bill would require a case in which a person is charged with actively participating in a criminal street gang, as described above, and other criminal charges to be tried in phases that separate the trier of facts determination of the persons guilt of participation with the criminal street gang and guilt of the other criminal charges, as specified. | |
| 26 | + | Existing law specifies the persons who are liable to punishment under the laws of this state, including, among others, all persons who commit any crime within the state, and all who commit any specified offense outside the state and bring the stolen or embezzled property within the state, as specified.This bill would make technical, nonsubstantive changes to these provisions. | |
| 31 | 27 | ||
| 32 | 28 | Existing law specifies the persons who are liable to punishment under the laws of this state, including, among others, all persons who commit any crime within the state, and all who commit any specified offense outside the state and bring the stolen or embezzled property within the state, as specified. | |
| 33 | 29 | ||
| 34 | - | ||
| 35 | - | ||
| 36 | 30 | This bill would make technical, nonsubstantive changes to these provisions. | |
| 37 | - | ||
| 38 | - | ||
| 39 | 31 | ||
| 40 | 32 | ## Digest Key | |
| 41 | 33 | ||
| 42 | 34 | ## Bill Text | |
| 43 | 35 | ||
| 44 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
| 36 | + | The people of the State of California do enact as follows:SECTION 1. Section 27 of the Penal Code is amended to read:27. (a) The following persons are liable to punishment under the laws of this state:(1) All persons who commit, in whole or in part, any crime within this state.(2) All persons who commit any offense without this state which, that, if committed within this state, would be larceny, carjacking, robbery, or embezzlement under the laws of this state, and bring the property stolen or embezzled, or any part of it, or are found with it, or any part of it, within this state.(3) All persons who, being without this state, cause or aid, advise or encourage, another person to commit a crime within this state, and are afterwards found therein.(b) Perjury, in violation of Section 118, is punishable also when committed outside of California to the extent provided in Section 118. | |
| 45 | 37 | ||
| 46 | 38 | The people of the State of California do enact as follows: | |
| 47 | 39 | ||
| 48 | 40 | ## The people of the State of California do enact as follows: | |
| 49 | 41 | ||
| 50 | - | SECTION 1. Section | |
| 42 | + | SECTION 1. Section 27 of the Penal Code is amended to read:27. (a) The following persons are liable to punishment under the laws of this state:(1) All persons who commit, in whole or in part, any crime within this state.(2) All persons who commit any offense without this state which, that, if committed within this state, would be larceny, carjacking, robbery, or embezzlement under the laws of this state, and bring the property stolen or embezzled, or any part of it, or are found with it, or any part of it, within this state.(3) All persons who, being without this state, cause or aid, advise or encourage, another person to commit a crime within this state, and are afterwards found therein.(b) Perjury, in violation of Section 118, is punishable also when committed outside of California to the extent provided in Section 118. | |
| 51 | 43 | ||
| 52 | - | SECTION 1. Section | |
| 44 | + | SECTION 1. Section 27 of the Penal Code is amended to read: | |
| 53 | 45 | ||
| 54 | 46 | ### SECTION 1. | |
| 55 | 47 | ||
| 56 | - | ||
| 48 | + | 27. (a) The following persons are liable to punishment under the laws of this state:(1) All persons who commit, in whole or in part, any crime within this state.(2) All persons who commit any offense without this state which, that, if committed within this state, would be larceny, carjacking, robbery, or embezzlement under the laws of this state, and bring the property stolen or embezzled, or any part of it, or are found with it, or any part of it, within this state.(3) All persons who, being without this state, cause or aid, advise or encourage, another person to commit a crime within this state, and are afterwards found therein.(b) Perjury, in violation of Section 118, is punishable also when committed outside of California to the extent provided in Section 118. | |
| 57 | 49 | ||
| 58 | - | ||
| 50 | + | 27. (a) The following persons are liable to punishment under the laws of this state:(1) All persons who commit, in whole or in part, any crime within this state.(2) All persons who commit any offense without this state which, that, if committed within this state, would be larceny, carjacking, robbery, or embezzlement under the laws of this state, and bring the property stolen or embezzled, or any part of it, or are found with it, or any part of it, within this state.(3) All persons who, being without this state, cause or aid, advise or encourage, another person to commit a crime within this state, and are afterwards found therein.(b) Perjury, in violation of Section 118, is punishable also when committed outside of California to the extent provided in Section 118. | |
| 59 | 51 | ||
| 60 | - | ||
| 52 | + | 27. (a) The following persons are liable to punishment under the laws of this state:(1) All persons who commit, in whole or in part, any crime within this state.(2) All persons who commit any offense without this state which, that, if committed within this state, would be larceny, carjacking, robbery, or embezzlement under the laws of this state, and bring the property stolen or embezzled, or any part of it, or are found with it, or any part of it, within this state.(3) All persons who, being without this state, cause or aid, advise or encourage, another person to commit a crime within this state, and are afterwards found therein.(b) Perjury, in violation of Section 118, is punishable also when committed outside of California to the extent provided in Section 118. | |
| 61 | 53 | ||
| 62 | 54 | ||
| 63 | 55 | ||
| 64 | - | 352.2. A case in which a gang enhancement is charged under Section 186.22 of the Penal Code shall be tried in separate phases as follows: | |
| 65 | - | ||
| 66 | - | (a) The question of the defendants guilt shall be first determined. If the trier of fact finds the defendant guilty of the underlying offense and gang membership is an element of the offense, it shall at the same time determine the truth of the gang enhancement, notwithstanding Section 352. | |
| 67 | - | ||
| 68 | - | (b) If the defendant is found guilty of the crime charged and there is an allegation of an enhancement under Section 186.22 of the Penal Code, there shall thereupon be further proceedings to the trier of fact on the question of the truth of the enhancement. Evidence of the gang enhancement shall be bifurcated from the trial on the underlying offense. | |
| 69 | - | ||
| 70 | - | (c) If a defendant is charged with a violation of subdivision (a) of Section 186.22 of the Penal Code, this count shall be tried separately from all other counts that do not otherwise require gang evidence as an element of the crime. | |
| 71 | - | ||
| 72 | - | ||
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| 74 | - | ||
| 75 | - | ||
| 76 | - | (a)The following persons are liable to punishment under the laws of this state: | |
| 77 | - | ||
| 78 | - | ||
| 56 | + | 27. (a) The following persons are liable to punishment under the laws of this state: | |
| 79 | 57 | ||
| 80 | 58 | (1) All persons who commit, in whole or in part, any crime within this state. | |
| 81 | 59 | ||
| 82 | - | ||
| 83 | - | ||
| 84 | - | (2)All persons who commit any offense without this state that, if committed within this state, would be larceny, carjacking, robbery, or embezzlement under the laws of this state, and bring the property stolen or embezzled, or any part of it, or are found with it, or any part of it, within this state. | |
| 85 | - | ||
| 86 | - | ||
| 60 | + | (2) All persons who commit any offense without this state which, that, if committed within this state, would be larceny, carjacking, robbery, or embezzlement under the laws of this state, and bring the property stolen or embezzled, or any part of it, or are found with it, or any part of it, within this state. | |
| 87 | 61 | ||
| 88 | 62 | (3) All persons who, being without this state, cause or aid, advise or encourage, another person to commit a crime within this state, and are afterwards found therein. | |
| 89 | - | ||
| 90 | - | ||
| 91 | 63 | ||
| 92 | 64 | (b) Perjury, in violation of Section 118, is punishable also when committed outside of California to the extent provided in Section 118. |