BILL NUMBER: SB 449	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Denham

                        FEBRUARY 17, 2005

   An act to amend Sections 209 and 653f of the Penal Code, relating
to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 449, as introduced, Denham.   Crimes.
   Existing law provides that any person who kidnaps or carries away
any individual to commit certain offenses is punishable by life in
prison with the possibility of parole.
   This bill would add to the list of offenses, certain sex offenses
committed against specified minors.
   By changing the definition of a crime, this bill would impose a
state-mandated local program.
   Existing law provides that every person who, with the intent that
the crime be committed, solicits another to commit specified sex
offenses is punishable by imprisonment in the state prison for 2, 3,
or 4 years.
   This bill would expand that crime to include persons who, with the
intent that the crime be committed, solicits another to join in the
commission of those specified offenses.
   Existing law establishes the offense of lewd or lascivious acts
upon a child under the age of 14 years, as specified, punishable by
imprisonment in the state prison for 3, 6, or 8 years.
   This bill would establish the offenses of soliciting a person
under the age of 14 years, or soliciting a person 14 or 15 years of
age who is at least 10 years younger than the person, to join in the
commission of that crime. The bill would provide that soliciting for
that crime, as specified, a person under 14 years of age would be
punishable by a term of imprisonment in the state prison as
specified. The bill would further provide that soliciting for that
crime, as specified, a person who is 14 or 15 years of age and who is
at least 10 years younger than the person would be punishable by a
term of imprisonment in a county jail, or in the state prison as
specified.
   By creating new crimes, 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 209 of the Penal Code is amended to read:
   209.  (a) Any person who seizes, confines, inveigles, entices,
decoys, abducts, conceals, kidnaps or carries away another person by
any means whatsoever with intent to hold or detain, or who holds or
detains, that person for ransom, reward or to commit extortion or to
exact from another person any money or valuable thing, or any person
who aids or abets any  such act   of those acts
 , is guilty of a felony, and upon conviction thereof, shall be
punished by imprisonment in the state prison for life without
possibility of parole in cases in which any person subjected to any
 such act   of those acts  suffers death or
bodily harm, or is intentionally confined in a manner which exposes
that person to a substantial likelihood of death, or shall be
punished by imprisonment in the state prison for life with the
possibility of parole in cases where no such person suffers death or
bodily harm.(b) (1) Any person who kidnaps or carries away any
individual to commit robbery, rape, spousal rape, oral copulation,
 a violation of paragraph (1) of subdivision (b) of Section 288,
 sodomy, or sexual penetration in violation of Section 289,
shall be punished by imprisonment in the state prison for life with
possibility of parole.
   (2) This subdivision shall only apply if the movement of the
victim is beyond that merely incidental to the commission of, and
increases the risk of harm to the victim over and above that
necessarily present in, the intended underlying offense.
   (c) In all cases in which probation is granted, the court shall,
except in unusual cases where the interests of justice would best be
served by a lesser penalty, require as a condition of the probation
that the person be confined in  the   a 
county jail for 12 months. If the court grants probation without
requiring the defendant to be confined in  the  
a  county jail for 12 months, it shall specify its reason or
reasons for imposing a lesser penalty.
   (d) Subdivision (b) shall not be construed to supersede or affect
Section 667.61. A person may be charged with a violation of
subdivision (b) and Section 667.61. However, a person may not be
punished under subdivision (b) and Section 667.61 for the same act
that constitutes a violation of both subdivision (b) and Section
667.61.
  SEC. 2.  Section 653f of the Penal Code is amended to read:
   653f.  (a) Every person who, with the intent that the crime be
committed, solicits another to offer, accept, or join in the offer or
acceptance of a bribe, or to commit or join in the commission of
carjacking, robbery, burglary, grand theft, receiving stolen
property, extortion, perjury, subornation of perjury, forgery,
kidnapping, arson or assault with a deadly weapon or instrument or by
means of force likely to produce great bodily injury, or, by the use
of force or a threat of force, to prevent or dissuade any person who
is or may become a witness from attending upon, or testifying at,
any trial, proceeding, or inquiry authorized by law, shall be
punished by imprisonment in a county jail for not more than one year
or in the state prison, or by a fine of not more than ten thousand
dollars ($10,000), or the amount which could have been assessed for
commission of the offense itself, whichever is greater, or by both
the fine and imprisonment.(b) Every person who, with the intent that
the crime be committed, solicits another to commit or join in the
commission of murder shall be punished by imprisonment in the state
prison for three, six, or nine years.
   (c) Every person who, with the intent that the crime be committed,
solicits another to commit  , or to join in the commission of,
 rape by force or violence, sodomy by force or violence, oral
copulation by force or violence, or any violation of Section 264.1,
288, or 289, shall be punished by imprisonment in the state prison
for two, three, or four years.
   (d)  (1)     Every person who, with the
intent that the act be committed and with the intent  
described in subdivision (a) of Section 288, solicits a child who is
under 14 years of age to join in an act of lewd or lascivious conduct
as described in subdivision (a) of Section 288, is guilty of a
public offense. A person convicted under this paragraph shall receive
the punishment applicable to an attempt to commit the crime
described in subdivision (a) of Section 288.  
   (2) Every person who, with the intent that the act be committed
and with the intent described in subdivision (a) of Section 288,
solicits a child who is 14 or 15 years of age and at least 10 years
younger than the person to join in an act of lewd or lascivious
conduct as described in subdivision (a) of Section 288, is guilty of
a public offense.  A person convicted under this paragraph shall
receive the punishment applicable to an attempt to commit the crime
described in paragraph (1) of subdivision (c) of Section 288. 
    (e)    Every person who, with the intent that
the crime be committed, solicits another to commit an offense
specified in Section 11352, 11379, 11379.5, 11379.6, or 11391 of the
Health and Safety Code shall be punished by imprisonment in a county
jail not exceeding six months. Every person, who, having been
convicted of soliciting another to commit an offense specified in
this subdivision, is subsequently convicted of the proscribed
solicitation, shall be punished by imprisonment in a county jail not
exceeding one year, or in the state prison.
   This subdivision does not apply where the term of imprisonment
imposed under other provisions of law would result in a longer term
of imprisonment.  
   (e) 
    (f)    Every person who, with the intent that
the crime be committed, solicits another to commit an offense
specified in Section 14014 of the Welfare and Institutions Code shall
be punished by imprisonment in a county jail for not exceeding six
months. Every person who, having been convicted of soliciting another
to commit an offense specified in this subdivision, is subsequently
convicted of the proscribed solicitation, shall be punished by
imprisonment in a county jail not exceeding one year, or in the state
prison.  
   (f) 
    (g)    An offense charged in violation of
subdivision (a), (b),  or (c)   (c), or (d)
 shall be proven by the testimony of two witnesses, or of one
witness and corroborating circumstances. An offense charged in
violation of subdivision  (d) or (e)   (e) or
(f)  shall be proven by the testimony of one witness and
corroborating circumstances.
  SEC. 3.
  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.