CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 485Introduced by Assembly Member Davies(Principal coauthor: Senator Bates)February 08, 2021 An act to add Section 1170.99 to the Penal Code, relating to criminal procedure.LEGISLATIVE COUNSEL'S DIGESTAB 485, as introduced, Davies. Criminal procedure: sentencing: habitual offenders.Existing law, generally, proscribes certain acts or omissions, and provides for punishments for violation of those criminal acts. Existing law, generally, categorizes these criminal acts as either felonies, punishable by imprisonment in the state prison or a county jail for a term of one year or more, misdemeanors, punishable by imprisonment in a county jail for up to one year or by a fine, or infractions, punishable only by a fine.This bill would deem a person who is convicted of 3 qualifying misdemeanors offenses that were committed within a one year period, as specified, to be a habitual offender. The bill would require a habitual offender, upon conviction of the 3rd offense, as specified, to be sentenced for a term of no less than 6 months, but not to exceed one year, of imprisonment in the county jail, home detention and supervision with electronic monitoring, or detention and supervision at a residential treatment facility.By increasing the penalty for certain offenses, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1170.99 is added to the Penal Code, to read:1170.99. (a) If a person is convicted of any qualifying misdemeanor offense, and that offense was committed within one year after any two other qualifying misdemeanor offenses for which the person was convicted, the person shall be sentenced for the third offense as a habitual offender.(b) A habitual offender shall be punished by one of the following:(1) Imprisonment in the county jail for no less than six months, but not to exceed 364 days.(2) Home detention for no less than six months, but not to exceed 364 days.(3) Detention in a residential treatment facility for no less than six months, but not to exceed 364 days.(c) Home detention or detention in a residential facility may allow outside access to employment or educational programs, but shall be enforced by electronic monitoring or similar means of direct supervision.(d) This section does not restrict the court from imposing other additional penalties, sanctions, or orders authorized by law including, without limitation, fines, restitution, or license suspension.(e) For purposes of this section, a qualifying misdemeanor means any offense punishable by law as a misdemeanor that occurs as part of a separate incident, occurrence, or case as any other qualifying misdemeanor. A qualifying misdemeanor includes conduct that is punishable as a felony for which the person was convicted of a misdemeanor.SEC. 2. 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.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 485Introduced by Assembly Member Davies(Principal coauthor: Senator Bates)February 08, 2021 An act to add Section 1170.99 to the Penal Code, relating to criminal procedure.LEGISLATIVE COUNSEL'S DIGESTAB 485, as introduced, Davies. Criminal procedure: sentencing: habitual offenders.Existing law, generally, proscribes certain acts or omissions, and provides for punishments for violation of those criminal acts. Existing law, generally, categorizes these criminal acts as either felonies, punishable by imprisonment in the state prison or a county jail for a term of one year or more, misdemeanors, punishable by imprisonment in a county jail for up to one year or by a fine, or infractions, punishable only by a fine.This bill would deem a person who is convicted of 3 qualifying misdemeanors offenses that were committed within a one year period, as specified, to be a habitual offender. The bill would require a habitual offender, upon conviction of the 3rd offense, as specified, to be sentenced for a term of no less than 6 months, but not to exceed one year, of imprisonment in the county jail, home detention and supervision with electronic monitoring, or detention and supervision at a residential treatment facility.By increasing the penalty for certain offenses, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 485
Introduced by Assembly Member Davies(Principal coauthor: Senator Bates)February 08, 2021
Introduced by Assembly Member Davies(Principal coauthor: Senator Bates)
February 08, 2021
An act to add Section 1170.99 to the Penal Code, relating to criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 485, as introduced, Davies. Criminal procedure: sentencing: habitual offenders.
Existing law, generally, proscribes certain acts or omissions, and provides for punishments for violation of those criminal acts. Existing law, generally, categorizes these criminal acts as either felonies, punishable by imprisonment in the state prison or a county jail for a term of one year or more, misdemeanors, punishable by imprisonment in a county jail for up to one year or by a fine, or infractions, punishable only by a fine.This bill would deem a person who is convicted of 3 qualifying misdemeanors offenses that were committed within a one year period, as specified, to be a habitual offender. The bill would require a habitual offender, upon conviction of the 3rd offense, as specified, to be sentenced for a term of no less than 6 months, but not to exceed one year, of imprisonment in the county jail, home detention and supervision with electronic monitoring, or detention and supervision at a residential treatment facility.By increasing the penalty for certain offenses, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, generally, proscribes certain acts or omissions, and provides for punishments for violation of those criminal acts. Existing law, generally, categorizes these criminal acts as either felonies, punishable by imprisonment in the state prison or a county jail for a term of one year or more, misdemeanors, punishable by imprisonment in a county jail for up to one year or by a fine, or infractions, punishable only by a fine.
This bill would deem a person who is convicted of 3 qualifying misdemeanors offenses that were committed within a one year period, as specified, to be a habitual offender. The bill would require a habitual offender, upon conviction of the 3rd offense, as specified, to be sentenced for a term of no less than 6 months, but not to exceed one year, of imprisonment in the county jail, home detention and supervision with electronic monitoring, or detention and supervision at a residential treatment facility.
By increasing the penalty for certain offenses, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1170.99 is added to the Penal Code, to read:1170.99. (a) If a person is convicted of any qualifying misdemeanor offense, and that offense was committed within one year after any two other qualifying misdemeanor offenses for which the person was convicted, the person shall be sentenced for the third offense as a habitual offender.(b) A habitual offender shall be punished by one of the following:(1) Imprisonment in the county jail for no less than six months, but not to exceed 364 days.(2) Home detention for no less than six months, but not to exceed 364 days.(3) Detention in a residential treatment facility for no less than six months, but not to exceed 364 days.(c) Home detention or detention in a residential facility may allow outside access to employment or educational programs, but shall be enforced by electronic monitoring or similar means of direct supervision.(d) This section does not restrict the court from imposing other additional penalties, sanctions, or orders authorized by law including, without limitation, fines, restitution, or license suspension.(e) For purposes of this section, a qualifying misdemeanor means any offense punishable by law as a misdemeanor that occurs as part of a separate incident, occurrence, or case as any other qualifying misdemeanor. A qualifying misdemeanor includes conduct that is punishable as a felony for which the person was convicted of a misdemeanor.SEC. 2. 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1170.99 is added to the Penal Code, to read:1170.99. (a) If a person is convicted of any qualifying misdemeanor offense, and that offense was committed within one year after any two other qualifying misdemeanor offenses for which the person was convicted, the person shall be sentenced for the third offense as a habitual offender.(b) A habitual offender shall be punished by one of the following:(1) Imprisonment in the county jail for no less than six months, but not to exceed 364 days.(2) Home detention for no less than six months, but not to exceed 364 days.(3) Detention in a residential treatment facility for no less than six months, but not to exceed 364 days.(c) Home detention or detention in a residential facility may allow outside access to employment or educational programs, but shall be enforced by electronic monitoring or similar means of direct supervision.(d) This section does not restrict the court from imposing other additional penalties, sanctions, or orders authorized by law including, without limitation, fines, restitution, or license suspension.(e) For purposes of this section, a qualifying misdemeanor means any offense punishable by law as a misdemeanor that occurs as part of a separate incident, occurrence, or case as any other qualifying misdemeanor. A qualifying misdemeanor includes conduct that is punishable as a felony for which the person was convicted of a misdemeanor.
SECTION 1. Section 1170.99 is added to the Penal Code, to read:
### SECTION 1.
1170.99. (a) If a person is convicted of any qualifying misdemeanor offense, and that offense was committed within one year after any two other qualifying misdemeanor offenses for which the person was convicted, the person shall be sentenced for the third offense as a habitual offender.(b) A habitual offender shall be punished by one of the following:(1) Imprisonment in the county jail for no less than six months, but not to exceed 364 days.(2) Home detention for no less than six months, but not to exceed 364 days.(3) Detention in a residential treatment facility for no less than six months, but not to exceed 364 days.(c) Home detention or detention in a residential facility may allow outside access to employment or educational programs, but shall be enforced by electronic monitoring or similar means of direct supervision.(d) This section does not restrict the court from imposing other additional penalties, sanctions, or orders authorized by law including, without limitation, fines, restitution, or license suspension.(e) For purposes of this section, a qualifying misdemeanor means any offense punishable by law as a misdemeanor that occurs as part of a separate incident, occurrence, or case as any other qualifying misdemeanor. A qualifying misdemeanor includes conduct that is punishable as a felony for which the person was convicted of a misdemeanor.
1170.99. (a) If a person is convicted of any qualifying misdemeanor offense, and that offense was committed within one year after any two other qualifying misdemeanor offenses for which the person was convicted, the person shall be sentenced for the third offense as a habitual offender.(b) A habitual offender shall be punished by one of the following:(1) Imprisonment in the county jail for no less than six months, but not to exceed 364 days.(2) Home detention for no less than six months, but not to exceed 364 days.(3) Detention in a residential treatment facility for no less than six months, but not to exceed 364 days.(c) Home detention or detention in a residential facility may allow outside access to employment or educational programs, but shall be enforced by electronic monitoring or similar means of direct supervision.(d) This section does not restrict the court from imposing other additional penalties, sanctions, or orders authorized by law including, without limitation, fines, restitution, or license suspension.(e) For purposes of this section, a qualifying misdemeanor means any offense punishable by law as a misdemeanor that occurs as part of a separate incident, occurrence, or case as any other qualifying misdemeanor. A qualifying misdemeanor includes conduct that is punishable as a felony for which the person was convicted of a misdemeanor.
1170.99. (a) If a person is convicted of any qualifying misdemeanor offense, and that offense was committed within one year after any two other qualifying misdemeanor offenses for which the person was convicted, the person shall be sentenced for the third offense as a habitual offender.(b) A habitual offender shall be punished by one of the following:(1) Imprisonment in the county jail for no less than six months, but not to exceed 364 days.(2) Home detention for no less than six months, but not to exceed 364 days.(3) Detention in a residential treatment facility for no less than six months, but not to exceed 364 days.(c) Home detention or detention in a residential facility may allow outside access to employment or educational programs, but shall be enforced by electronic monitoring or similar means of direct supervision.(d) This section does not restrict the court from imposing other additional penalties, sanctions, or orders authorized by law including, without limitation, fines, restitution, or license suspension.(e) For purposes of this section, a qualifying misdemeanor means any offense punishable by law as a misdemeanor that occurs as part of a separate incident, occurrence, or case as any other qualifying misdemeanor. A qualifying misdemeanor includes conduct that is punishable as a felony for which the person was convicted of a misdemeanor.
1170.99. (a) If a person is convicted of any qualifying misdemeanor offense, and that offense was committed within one year after any two other qualifying misdemeanor offenses for which the person was convicted, the person shall be sentenced for the third offense as a habitual offender.
(b) A habitual offender shall be punished by one of the following:
(1) Imprisonment in the county jail for no less than six months, but not to exceed 364 days.
(2) Home detention for no less than six months, but not to exceed 364 days.
(3) Detention in a residential treatment facility for no less than six months, but not to exceed 364 days.
(c) Home detention or detention in a residential facility may allow outside access to employment or educational programs, but shall be enforced by electronic monitoring or similar means of direct supervision.
(d) This section does not restrict the court from imposing other additional penalties, sanctions, or orders authorized by law including, without limitation, fines, restitution, or license suspension.
(e) For purposes of this section, a qualifying misdemeanor means any offense punishable by law as a misdemeanor that occurs as part of a separate incident, occurrence, or case as any other qualifying misdemeanor. A qualifying misdemeanor includes conduct that is punishable as a felony for which the person was convicted of a misdemeanor.
SEC. 2. 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.
SEC. 2. 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.
SEC. 2. 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.
### SEC. 2.