California 2023-2024 Regular Session

California Assembly Bill AB2470 Compare Versions

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1-Amended IN Assembly March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2470Introduced by Assembly Member Joe Patterson Members Joe Patterson and WallisFebruary 13, 2024An act to amend Sections 667.1, 667.5, and 1170.125 of the Penal Code, relating to violent felonies. LEGISLATIVE COUNSEL'S DIGESTAB 2470, as amended, Joe Patterson. Violent felonies: domestic violence.Existing law defines the term violent felony for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the three strikes law. The Legislature may directly amend the three strikes law by a statute passed in each house by a 2/3 vote, or by a statute that becomes effective only when approved by the voters.This bill would expand the crimes that are within the definition of a violent felony for all purposes, including for purposes of the three strikes law, to include felony domestic violence, as specified. By expanding the scope of an enhancement, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 667.1 of the Penal Code is amended to read:667.1. (a) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on November 7, 2012.(b) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after January 1, 2024, but before January 1, 2025, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on January 1, 2024.(c) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after January 1, 2025, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on January 1, 2025.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) 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 when the prior offense was one of the violent felonies specified in subdivision (c). However, an additional term shall not be imposed under this subdivision for any 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 that results in a felony conviction.(b) Except when subdivision (a) applies, if the new offense is any 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 for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, provided that an additional term shall not be imposed under this subdivision for any prison term served prior to a period of five years in which the defendant remained free of both the commission of an offense 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 felony sentence that is not suspended.(c) The Legislature finds and declares that the following specified crimes merit special consideration when imposing a sentence to display societys condemnation condemnation by society for these extraordinary crimes of violence against the person. For the purpose of this section, violent felony means 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 former 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 287 or of former 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 a 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 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.(24) A felony domestic violence violation of Section 273.5.(d) 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) 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) 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 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) 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 that is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.(h) 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) 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) 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) (1) Notwithstanding subdivisions (d) and (g) or any other law, when 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 does not apply when a full, separate, and consecutive term is imposed pursuant to any other law.SEC. 3. Section 1170.125 of the Penal Code is amended to read:1170.125. (a) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on November 7, 2012.(b) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after January 1, 2024, but before January 1, 2025, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2024.(c) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after January 1, 2025, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2025.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.
1+CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2470Introduced by Assembly Member Joe PattersonFebruary 13, 2024 An act to amend Sections 667.1, 667.5, and 1170.125 of the Penal Code, relating to violent felonies. LEGISLATIVE COUNSEL'S DIGESTAB 2470, as introduced, Joe Patterson. Violent felonies: domestic violence.Existing law defines the term violent felony for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the three strikes law. The Legislature may directly amend the three strikes law by a statute passed in each house by a 2/3 vote, or by a statute that becomes effective only when approved by the voters.This bill would expand the crimes that are within the definition of a violent felony for all purposes, including for purposes of the three strikes law, to include felony domestic violence, as specified. By expanding the scope of an enhancement, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 667.1 of the Penal Code is amended to read:667.1. (a) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on November 7, 2012.(b) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after January 1, 2024, but before January 1, 2025, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on January 1, 2024.(c) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after January 1, 2025, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on January 1, 2025.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) 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 when the prior offense was one of the violent felonies specified in subdivision (c). However, an additional term shall not be imposed under this subdivision for any 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 that results in a felony conviction.(b) Except when subdivision (a) applies, if the new offense is any 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 for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, provided that an additional term shall not be imposed under this subdivision for any prison term served prior to a period of five years in which the defendant remained free of both the commission of an offense 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 felony sentence that is not suspended.(c) The Legislature finds and declares that the following specified crimes merit special consideration when imposing a sentence to display societys condemnation for these extraordinary crimes of violence against the person. For the purpose of this section, violent felony means 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 former 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 287 or of former 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 a 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 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.(24) A felony domestic violence violation of Section 273.5.(d) 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) 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) 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 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) 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 that is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.(h) 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) 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) 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) (1) Notwithstanding subdivisions (d) and (g) or any other law, when 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 does not apply when a full, separate, and consecutive term is imposed pursuant to any other law.SEC. 3. Section 1170.125 of the Penal Code is amended to read:1170.125. (a) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on November 7, 2012.(b) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after January 1, 2024, but before January 1, 2025, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2024.(c) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after January 1, 2025, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2025.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.
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3- Amended IN Assembly March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2470Introduced by Assembly Member Joe Patterson Members Joe Patterson and WallisFebruary 13, 2024An act to amend Sections 667.1, 667.5, and 1170.125 of the Penal Code, relating to violent felonies. LEGISLATIVE COUNSEL'S DIGESTAB 2470, as amended, Joe Patterson. Violent felonies: domestic violence.Existing law defines the term violent felony for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the three strikes law. The Legislature may directly amend the three strikes law by a statute passed in each house by a 2/3 vote, or by a statute that becomes effective only when approved by the voters.This bill would expand the crimes that are within the definition of a violent felony for all purposes, including for purposes of the three strikes law, to include felony domestic violence, as specified. By expanding the scope of an enhancement, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES
3+ CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2470Introduced by Assembly Member Joe PattersonFebruary 13, 2024 An act to amend Sections 667.1, 667.5, and 1170.125 of the Penal Code, relating to violent felonies. LEGISLATIVE COUNSEL'S DIGESTAB 2470, as introduced, Joe Patterson. Violent felonies: domestic violence.Existing law defines the term violent felony for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the three strikes law. The Legislature may directly amend the three strikes law by a statute passed in each house by a 2/3 vote, or by a statute that becomes effective only when approved by the voters.This bill would expand the crimes that are within the definition of a violent felony for all purposes, including for purposes of the three strikes law, to include felony domestic violence, as specified. By expanding the scope of an enhancement, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES
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5- Amended IN Assembly March 18, 2024
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7-Amended IN Assembly March 18, 2024
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99 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
1010
1111 Assembly Bill
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1313 No. 2470
1414
15-Introduced by Assembly Member Joe Patterson Members Joe Patterson and WallisFebruary 13, 2024
15+Introduced by Assembly Member Joe PattersonFebruary 13, 2024
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17-Introduced by Assembly Member Joe Patterson Members Joe Patterson and Wallis
17+Introduced by Assembly Member Joe Patterson
1818 February 13, 2024
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2020 An act to amend Sections 667.1, 667.5, and 1170.125 of the Penal Code, relating to violent felonies.
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2222 LEGISLATIVE COUNSEL'S DIGEST
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2424 ## LEGISLATIVE COUNSEL'S DIGEST
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26-AB 2470, as amended, Joe Patterson. Violent felonies: domestic violence.
26+AB 2470, as introduced, Joe Patterson. Violent felonies: domestic violence.
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2828 Existing law defines the term violent felony for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the three strikes law. The Legislature may directly amend the three strikes law by a statute passed in each house by a 2/3 vote, or by a statute that becomes effective only when approved by the voters.This bill would expand the crimes that are within the definition of a violent felony for all purposes, including for purposes of the three strikes law, to include felony domestic violence, as specified. By expanding the scope of an enhancement, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
2929
3030 Existing law defines the term violent felony for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the three strikes law. The Legislature may directly amend the three strikes law by a statute passed in each house by a 2/3 vote, or by a statute that becomes effective only when approved by the voters.
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3232 This bill would expand the crimes that are within the definition of a violent felony for all purposes, including for purposes of the three strikes law, to include felony domestic violence, as specified. By expanding the scope of an enhancement, this bill would impose a state-mandated local program.
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3434 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.
3535
3636 This bill would provide that no reimbursement is required by this act for a specified reason.
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3838 ## Digest Key
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4040 ## Bill Text
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42-The people of the State of California do enact as follows:SECTION 1. Section 667.1 of the Penal Code is amended to read:667.1. (a) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on November 7, 2012.(b) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after January 1, 2024, but before January 1, 2025, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on January 1, 2024.(c) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after January 1, 2025, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on January 1, 2025.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) 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 when the prior offense was one of the violent felonies specified in subdivision (c). However, an additional term shall not be imposed under this subdivision for any 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 that results in a felony conviction.(b) Except when subdivision (a) applies, if the new offense is any 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 for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, provided that an additional term shall not be imposed under this subdivision for any prison term served prior to a period of five years in which the defendant remained free of both the commission of an offense 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 felony sentence that is not suspended.(c) The Legislature finds and declares that the following specified crimes merit special consideration when imposing a sentence to display societys condemnation condemnation by society for these extraordinary crimes of violence against the person. For the purpose of this section, violent felony means 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 former 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 287 or of former 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 a 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 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.(24) A felony domestic violence violation of Section 273.5.(d) 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) 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) 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 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) 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 that is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.(h) 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) 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) 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) (1) Notwithstanding subdivisions (d) and (g) or any other law, when 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 does not apply when a full, separate, and consecutive term is imposed pursuant to any other law.SEC. 3. Section 1170.125 of the Penal Code is amended to read:1170.125. (a) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on November 7, 2012.(b) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after January 1, 2024, but before January 1, 2025, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2024.(c) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after January 1, 2025, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2025.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.
42+The people of the State of California do enact as follows:SECTION 1. Section 667.1 of the Penal Code is amended to read:667.1. (a) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on November 7, 2012.(b) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after January 1, 2024, but before January 1, 2025, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on January 1, 2024.(c) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after January 1, 2025, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on January 1, 2025.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) 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 when the prior offense was one of the violent felonies specified in subdivision (c). However, an additional term shall not be imposed under this subdivision for any 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 that results in a felony conviction.(b) Except when subdivision (a) applies, if the new offense is any 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 for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, provided that an additional term shall not be imposed under this subdivision for any prison term served prior to a period of five years in which the defendant remained free of both the commission of an offense 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 felony sentence that is not suspended.(c) The Legislature finds and declares that the following specified crimes merit special consideration when imposing a sentence to display societys condemnation for these extraordinary crimes of violence against the person. For the purpose of this section, violent felony means 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 former 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 287 or of former 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 a 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 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.(24) A felony domestic violence violation of Section 273.5.(d) 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) 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) 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 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) 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 that is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.(h) 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) 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) 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) (1) Notwithstanding subdivisions (d) and (g) or any other law, when 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 does not apply when a full, separate, and consecutive term is imposed pursuant to any other law.SEC. 3. Section 1170.125 of the Penal Code is amended to read:1170.125. (a) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on November 7, 2012.(b) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after January 1, 2024, but before January 1, 2025, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2024.(c) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after January 1, 2025, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2025.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.
4343
4444 The people of the State of California do enact as follows:
4545
4646 ## The people of the State of California do enact as follows:
4747
4848 SECTION 1. Section 667.1 of the Penal Code is amended to read:667.1. (a) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on November 7, 2012.(b) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after January 1, 2024, but before January 1, 2025, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on January 1, 2024.(c) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after January 1, 2025, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on January 1, 2025.
4949
5050 SECTION 1. Section 667.1 of the Penal Code is amended to read:
5151
5252 ### SECTION 1.
5353
5454 667.1. (a) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on November 7, 2012.(b) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after January 1, 2024, but before January 1, 2025, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on January 1, 2024.(c) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after January 1, 2025, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on January 1, 2025.
5555
5656 667.1. (a) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on November 7, 2012.(b) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after January 1, 2024, but before January 1, 2025, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on January 1, 2024.(c) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after January 1, 2025, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on January 1, 2025.
5757
5858 667.1. (a) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on November 7, 2012.(b) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after January 1, 2024, but before January 1, 2025, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on January 1, 2024.(c) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after January 1, 2025, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on January 1, 2025.
5959
6060
6161
6262 667.1. (a) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on November 7, 2012.
6363
6464 (b) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after January 1, 2024, but before January 1, 2025, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on January 1, 2024.
6565
6666 (c) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after January 1, 2025, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on January 1, 2025.
6767
68-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) 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 when the prior offense was one of the violent felonies specified in subdivision (c). However, an additional term shall not be imposed under this subdivision for any 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 that results in a felony conviction.(b) Except when subdivision (a) applies, if the new offense is any 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 for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, provided that an additional term shall not be imposed under this subdivision for any prison term served prior to a period of five years in which the defendant remained free of both the commission of an offense 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 felony sentence that is not suspended.(c) The Legislature finds and declares that the following specified crimes merit special consideration when imposing a sentence to display societys condemnation condemnation by society for these extraordinary crimes of violence against the person. For the purpose of this section, violent felony means 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 former 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 287 or of former 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 a 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 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.(24) A felony domestic violence violation of Section 273.5.(d) 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) 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) 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 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) 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 that is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.(h) 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) 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) 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) (1) Notwithstanding subdivisions (d) and (g) or any other law, when 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 does not apply when a full, separate, and consecutive term is imposed pursuant to any other law.
68+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) 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 when the prior offense was one of the violent felonies specified in subdivision (c). However, an additional term shall not be imposed under this subdivision for any 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 that results in a felony conviction.(b) Except when subdivision (a) applies, if the new offense is any 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 for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, provided that an additional term shall not be imposed under this subdivision for any prison term served prior to a period of five years in which the defendant remained free of both the commission of an offense 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 felony sentence that is not suspended.(c) The Legislature finds and declares that the following specified crimes merit special consideration when imposing a sentence to display societys condemnation for these extraordinary crimes of violence against the person. For the purpose of this section, violent felony means 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 former 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 287 or of former 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 a 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 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.(24) A felony domestic violence violation of Section 273.5.(d) 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) 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) 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 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) 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 that is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.(h) 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) 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) 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) (1) Notwithstanding subdivisions (d) and (g) or any other law, when 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 does not apply when a full, separate, and consecutive term is imposed pursuant to any other law.
6969
7070 SEC. 2. Section 667.5 of the Penal Code is amended to read:
7171
7272 ### SEC. 2.
7373
74-667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:(a) 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 when the prior offense was one of the violent felonies specified in subdivision (c). However, an additional term shall not be imposed under this subdivision for any 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 that results in a felony conviction.(b) Except when subdivision (a) applies, if the new offense is any 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 for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, provided that an additional term shall not be imposed under this subdivision for any prison term served prior to a period of five years in which the defendant remained free of both the commission of an offense 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 felony sentence that is not suspended.(c) The Legislature finds and declares that the following specified crimes merit special consideration when imposing a sentence to display societys condemnation condemnation by society for these extraordinary crimes of violence against the person. For the purpose of this section, violent felony means 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 former 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 287 or of former 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 a 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 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.(24) A felony domestic violence violation of Section 273.5.(d) 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) 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) 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 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) 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 that is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.(h) 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) 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) 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) (1) Notwithstanding subdivisions (d) and (g) or any other law, when 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 does not apply when a full, separate, and consecutive term is imposed pursuant to any other law.
74+667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:(a) 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 when the prior offense was one of the violent felonies specified in subdivision (c). However, an additional term shall not be imposed under this subdivision for any 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 that results in a felony conviction.(b) Except when subdivision (a) applies, if the new offense is any 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 for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, provided that an additional term shall not be imposed under this subdivision for any prison term served prior to a period of five years in which the defendant remained free of both the commission of an offense 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 felony sentence that is not suspended.(c) The Legislature finds and declares that the following specified crimes merit special consideration when imposing a sentence to display societys condemnation for these extraordinary crimes of violence against the person. For the purpose of this section, violent felony means 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 former 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 287 or of former 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 a 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 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.(24) A felony domestic violence violation of Section 273.5.(d) 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) 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) 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 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) 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 that is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.(h) 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) 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) 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) (1) Notwithstanding subdivisions (d) and (g) or any other law, when 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 does not apply when a full, separate, and consecutive term is imposed pursuant to any other law.
7575
76-667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:(a) 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 when the prior offense was one of the violent felonies specified in subdivision (c). However, an additional term shall not be imposed under this subdivision for any 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 that results in a felony conviction.(b) Except when subdivision (a) applies, if the new offense is any 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 for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, provided that an additional term shall not be imposed under this subdivision for any prison term served prior to a period of five years in which the defendant remained free of both the commission of an offense 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 felony sentence that is not suspended.(c) The Legislature finds and declares that the following specified crimes merit special consideration when imposing a sentence to display societys condemnation condemnation by society for these extraordinary crimes of violence against the person. For the purpose of this section, violent felony means 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 former 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 287 or of former 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 a 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 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.(24) A felony domestic violence violation of Section 273.5.(d) 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) 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) 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 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) 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 that is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.(h) 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) 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) 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) (1) Notwithstanding subdivisions (d) and (g) or any other law, when 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 does not apply when a full, separate, and consecutive term is imposed pursuant to any other law.
76+667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:(a) 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 when the prior offense was one of the violent felonies specified in subdivision (c). However, an additional term shall not be imposed under this subdivision for any 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 that results in a felony conviction.(b) Except when subdivision (a) applies, if the new offense is any 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 for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, provided that an additional term shall not be imposed under this subdivision for any prison term served prior to a period of five years in which the defendant remained free of both the commission of an offense 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 felony sentence that is not suspended.(c) The Legislature finds and declares that the following specified crimes merit special consideration when imposing a sentence to display societys condemnation for these extraordinary crimes of violence against the person. For the purpose of this section, violent felony means 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 former 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 287 or of former 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 a 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 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.(24) A felony domestic violence violation of Section 273.5.(d) 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) 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) 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 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) 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 that is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.(h) 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) 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) 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) (1) Notwithstanding subdivisions (d) and (g) or any other law, when 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 does not apply when a full, separate, and consecutive term is imposed pursuant to any other law.
7777
78-667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:(a) 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 when the prior offense was one of the violent felonies specified in subdivision (c). However, an additional term shall not be imposed under this subdivision for any 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 that results in a felony conviction.(b) Except when subdivision (a) applies, if the new offense is any 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 for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, provided that an additional term shall not be imposed under this subdivision for any prison term served prior to a period of five years in which the defendant remained free of both the commission of an offense 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 felony sentence that is not suspended.(c) The Legislature finds and declares that the following specified crimes merit special consideration when imposing a sentence to display societys condemnation condemnation by society for these extraordinary crimes of violence against the person. For the purpose of this section, violent felony means 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 former 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 287 or of former 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 a 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 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.(24) A felony domestic violence violation of Section 273.5.(d) 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) 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) 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 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) 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 that is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.(h) 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) 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) 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) (1) Notwithstanding subdivisions (d) and (g) or any other law, when 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 does not apply when a full, separate, and consecutive term is imposed pursuant to any other law.
78+667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:(a) 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 when the prior offense was one of the violent felonies specified in subdivision (c). However, an additional term shall not be imposed under this subdivision for any 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 that results in a felony conviction.(b) Except when subdivision (a) applies, if the new offense is any 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 for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, provided that an additional term shall not be imposed under this subdivision for any prison term served prior to a period of five years in which the defendant remained free of both the commission of an offense 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 felony sentence that is not suspended.(c) The Legislature finds and declares that the following specified crimes merit special consideration when imposing a sentence to display societys condemnation for these extraordinary crimes of violence against the person. For the purpose of this section, violent felony means 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 former 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 287 or of former 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 a 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 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.(24) A felony domestic violence violation of Section 273.5.(d) 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) 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) 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 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) 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 that is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.(h) 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) 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) 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) (1) Notwithstanding subdivisions (d) and (g) or any other law, when 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 does not apply when a full, separate, and consecutive term is imposed pursuant to any other law.
7979
8080
8181
8282 667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:
8383
8484 (a) 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 when the prior offense was one of the violent felonies specified in subdivision (c). However, an additional term shall not be imposed under this subdivision for any 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 that results in a felony conviction.
8585
8686 (b) Except when subdivision (a) applies, if the new offense is any 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 for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, provided that an additional term shall not be imposed under this subdivision for any prison term served prior to a period of five years in which the defendant remained free of both the commission of an offense 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 felony sentence that is not suspended.
8787
88-(c) The Legislature finds and declares that the following specified crimes merit special consideration when imposing a sentence to display societys condemnation condemnation by society for these extraordinary crimes of violence against the person. For the purpose of this section, violent felony means any of the following:
88+(c) The Legislature finds and declares that the following specified crimes merit special consideration when imposing a sentence to display societys condemnation for these extraordinary crimes of violence against the person. For the purpose of this section, violent felony means any of the following:
8989
9090 (1) Murder or voluntary manslaughter.
9191
9292 (2) Mayhem.
9393
9494 (3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of former Section 262.
9595
9696 (4) Sodomy as defined in subdivision (c) or (d) of Section 286.
9797
9898 (5) Oral copulation as defined in subdivision (c) or (d) of Section 287 or of former Section 288a.
9999
100100 (6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288.
101101
102102 (7) Any felony punishable by death or imprisonment in the state prison for life.
103103
104104 (8) Any felony in which the defendant inflicts great bodily injury on a 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.
105105
106106 (9) Any robbery.
107107
108108 (10) Arson, in violation of subdivision (a) or (b) of Section 451.
109109
110110 (11) Sexual penetration as defined in subdivision (a) or (j) of Section 289.
111111
112112 (12) Attempted murder.
113113
114114 (13) A violation of Section 18745, 18750, or 18755.
115115
116116 (14) Kidnapping.
117117
118118 (15) Assault with the intent to commit a specified felony, in violation of Section 220.
119119
120120 (16) Continuous sexual abuse of a child, in violation of Section 288.5.
121121
122122 (17) Carjacking, as defined in subdivision (a) of Section 215.
123123
124124 (18) Rape or sexual penetration, in concert, in violation of Section 264.1.
125125
126126 (19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22.
127127
128128 (20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22.
129129
130130 (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.
131131
132132 (22) Any violation of Section 12022.53.
133133
134134 (23) A violation of subdivision (b) or (c) of Section 11418.
135135
136136 (24) A felony domestic violence violation of Section 273.5.
137137
138138 (d) 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.
139139
140140 (e) 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.
141141
142142 (f) 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 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.
143143
144144 (g) 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 that is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.
145145
146146 (h) 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.
147147
148148 (i) 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.
149149
150150 (j) 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.
151151
152152 (k) (1) Notwithstanding subdivisions (d) and (g) or any other law, when 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.
153153
154154 (2) This subdivision does not apply when a full, separate, and consecutive term is imposed pursuant to any other law.
155155
156156 SEC. 3. Section 1170.125 of the Penal Code is amended to read:1170.125. (a) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on November 7, 2012.(b) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after January 1, 2024, but before January 1, 2025, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2024.(c) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after January 1, 2025, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2025.
157157
158158 SEC. 3. Section 1170.125 of the Penal Code is amended to read:
159159
160160 ### SEC. 3.
161161
162162 1170.125. (a) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on November 7, 2012.(b) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after January 1, 2024, but before January 1, 2025, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2024.(c) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after January 1, 2025, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2025.
163163
164164 1170.125. (a) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on November 7, 2012.(b) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after January 1, 2024, but before January 1, 2025, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2024.(c) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after January 1, 2025, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2025.
165165
166166 1170.125. (a) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on November 7, 2012.(b) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after January 1, 2024, but before January 1, 2025, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2024.(c) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after January 1, 2025, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2025.
167167
168168
169169
170170 1170.125. (a) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on November 7, 2012.
171171
172172 (b) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after January 1, 2024, but before January 1, 2025, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2024.
173173
174174 (c) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after January 1, 2025, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2025.
175175
176176 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.
177177
178178 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.
179179
180180 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.
181181
182182 ### SEC. 4.