BILL NUMBER: SB 1269 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Galgiani
FEBRUARY 18, 2016
An act to amend Section 600 of the Harbors and Navigation
Code, relating to vessels. An act to amend Sections
667.1, 667.5, and 1170.125 of the Penal Code, relating to violent
felonies.
LEGISLATIVE COUNSEL'S DIGEST
SB 1269, as amended, Galgiani. Watercraft.
Violent felonies.
Existing law, as amended by Proposition 21 as approved by the
voters at the March 7, 2000, statewide primary election and by
Proposition 83 of the November 7, 2006, statewide general election,
classifies certain felonies as violent felonies for purposes of
various provisions of the Penal Code. Existing law imposes an
additional one-year term for a felony and a 3-year term for a violent
felony for each prior separate prison term served for a violent
felony. Existing law, as added by Proposition 184, adopted November
8, 1994, and amended by Proposition 36, adopted November 6, 2012,
commonly known as the Three Strikes Law, also imposes additional
years of imprisonment in state prison on a person who commits a
violent felony and has been convicted of, or who has a prior
conviction for, a violent felony. The Legislature may amend the
above-specified initiative statutes by a statute passed in each house
by a 2/3 vote.
This bill would additionally define human trafficking as a violent
felony subject to the enhanced term of imprisonment.
Because this bill would increase penalties for a violation of
human trafficking crimes, it would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law regulates the operation of watercraft, as defined, in
the waterways of the state. Existing law defines a "watercraft" for
purposes of those provisions to mean any boat, ship, barge, craft, or
floating thing designed for navigation in the water.
This bill would make nonsubstantive changes in that definition of
watercraft.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no yes .
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. Notwithstanding subdivision (h) of Section 667, for all
offenses committed on or after November 7, 2012,
January 1, 2017, all references to existing statutes in
subdivisions (c) to (g), inclusive, of Section 667, are to those
statutes as they existed on November 7, 2012.
January 1, 2017.
SEC. 2. Section 667.5 of the Penal Code
is amended to read:
667.5. Enhancement of prison terms for new offenses because of
prior prison terms shall be imposed as follows:
(a) Where If one of the new offenses
is one of the violent felonies specified in subdivision (c), in
addition to and consecutive to any other prison terms therefor, the
court shall impose a three-year term for each prior separate prison
term served by the defendant where if
the prior offense was one of the violent felonies specified in
subdivision (c). However, no additional term shall 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 which results in a felony conviction.
(b) Except where if subdivision (a)
applies, where 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 or county jail term imposed under subdivision
(h) of Section 1170 or when if the
sentence is not suspended for any felony; provided that no
felony. An additional term shall not
be imposed under this subdivision for any prison term or county jail
term imposed under subdivision (h) of Section 1170 or when
if the sentence is not suspended prior to a
period of five years in which the defendant remained free of both the
commission of an offense which 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. A term imposed under the provisions of paragraph (5)
of subdivision (h) of Section 1170, wherein a portion of the term is
suspended by the court to allow mandatory supervision, shall qualify
as a prior county jail term for the purposes of the one-year
enhancement.
(c) For the purpose of this section, "violent felony" shall mean
any of the following:
(1) Murder or voluntary manslaughter.
(2) Mayhem.
(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of
Section 261 or paragraph (1) or (4) of subdivision (a) of Section
262.
(4) Sodomy as defined in subdivision (c) or (d) of Section 286.
(5) Oral copulation as defined in subdivision (c) or (d) of
Section 288a.
(6) Lewd or lascivious act as defined in subdivision (a) or (b) of
Section 288.
(7) Any felony punishable by death or imprisonment in the state
prison for life.
(8) Any felony in which the defendant inflicts great bodily injury
on any person other than an accomplice which has been charged and
proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or
after July 1, 1977, or as specified prior to July 1, 1977, in
Sections 213, 264, and 461, or any felony in which the defendant uses
a firearm which use has been charged and proved as provided in
subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.
(9) Any robbery.
(10) Arson, in violation of subdivision (a) or (b) of Section 451.
(11) Sexual penetration as defined in subdivision (a) or (j) of
Section 289.
(12) Attempted murder.
(13) A violation of Section 18745, 18750, or 18755.
(14) Kidnapping.
(15) Assault with the intent to commit a specified felony, in
violation of Section 220.
(16) Continuous sexual abuse of a child, in violation of Section
288.5.
(17) Carjacking, as defined in subdivision (a) of Section 215.
(18) Rape, spousal rape, or sexual penetration, in concert, in
violation of Section 264.1.
(19) Extortion, as defined in Section 518, which would constitute
a felony violation of Section 186.22.
(20) Threats to victims or witnesses, as defined in Section 136.1,
which would constitute a felony violation of Section 186.22.
(21) Any burglary of the first degree, as defined in subdivision
(a) of Section 460, wherein it is charged and proved that another
person, other than an accomplice, was present in the residence during
the commission of the burglary.
(22) Any violation of Section 12022.53.
(23) A violation of subdivision (b) or (c) of Section 11418. The
Legislature finds and declares that these specified crimes merit
special consideration when imposing a sentence to display society's
condemnation for these extraordinary crimes of violence against the
person.
(24) Human trafficking, in violation of Section 236.1.
(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 which 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 which 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
provision of law, where one of the new offenses is committed while
the defendant is temporarily removed from prison pursuant to Section
2690 or while the defendant is transferred to a community facility
pursuant to Section 3416, 6253, or 6263, or while the defendant is on
furlough pursuant to Section 6254, the defendant shall be subject to
the full enhancements provided for in this section.
(2) This subdivision shall does not
apply when if a full, separate, and
consecutive term is imposed pursuant to any other provision of law.
SEC. 3. Section 1170.125 of the Penal
Code is amended to read:
1170.125. Notwithstanding Section 2 of Proposition 184, as
adopted at the November 8, 1994, General Election, for all offenses
committed on or after November 7, 2012,
January 1, 2017, all references to existing statutes in
Sections 1170.12 and 1170.126 are to those sections as they existed
on November 7, 2012. January 1, 2017.
SEC. 4. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B 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 XIII B of the
California Constitution.
SECTION 1. Section 600 of the Harbors and
Navigation Code is amended to read:
600. As used in this chapter:
(a) "Watercraft" means any boat, ship, barge, craft or floating
thing designed for navigation in the water.
(b) "Nonresident" means a person who is not a resident of this
state at the time the accident or collision occurs or at the time a
cause of action or claim for relief arises against him, and also
means a person who, at the time the accident or collision occurs or
at the time a cause of action or claim for relief arises against him
is a resident of this state but subsequently becomes a nonresident of
this state.