BILL NUMBER: SB 110	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 31, 2007
	AMENDED IN ASSEMBLY  AUGUST 20, 2007
	AMENDED IN SENATE  MARCH 14, 2007

INTRODUCED BY   Senators Romero and Perata
    (   Principal coauthor:   Senator 
 Migden   ) 
    (   Principal coauthor:   Assembly Member
  Leno   ) 
   (Coauthors: Senators  Alquist,  Kuehl, Machado, Negrete
McLeod, Scott, and Vincent)
   (Coauthor: Assembly Member Hancock)

                        JANUARY 18, 2007

   An act to amend Sections 11105, 11150.6, 11153, 11162.5, 11162.6,
11350, 11351, 11351.5, 11352, 11352.1, 11353, 11353.1, 11353.4,
11353.5, 11353.6, 11353.7, 11354, 11355, 11356.5, 11357, 11358,
11359, 11360, 11361, 11363, 11364.7, 11366, 11366.5, 11366.6,
11366.7, 11366.8, 11368, 11370, 11370.1, 11370.2, 11370.4, 11370.6,
11370.9, 11371, 11371.1, 11372, 11374, 11374.5, 11375, 11377, 11378,
11378.5, 11379, 11379.2, 11379.5, 11379.6, 11379.7, 11379.8, 11379.9,
11380, 11380.1, 11380.7, 11382, 11383, 11383.5, 11383.6, 11383.7,
11390, 11391, 11536, and 11550, of the Health and Safety Code, to
amend Sections 18, 19, 126, 186.10, 186.11, 191.5, 193, 193.5, 204,
205, 208, 209, 209.5, 210, 210.5, 213, 214, 215, 220, 222, 236.1,
237, 241, 241.1, 241.2, 241.3, 241.4, 241.6, 241.7, 241.8, 243,
243.10, 243.2, 243.25, 243.3, 243.35, 243.4, 243.6, 243.7, 243.8,
243.9, 244, 244.5, 245, 245.2, 245.3, 245.5, 245.6, 246, 246.3, 247,
247.5, 261.5, 264, 264.1, 266, 266a, 266b, 266c, 266d, 266e, 266f,
266g, 266h, 266i, 266j, 266k, 267, 269, 270, 271, 271a, 272, 273a,
273ab, 273d, 273.4, 273.5, 273.6, 273.65, 278, 278.5, 280, 285, 286,
286.5, 288, 288a, 288.2, 288.3, 288.5, 288.7, 289, 289.5, 289.6,
311.1, 311.2, 311.3, 311.4, 311.5, 311.6, 311.7, 311.9, 311.10,
311.11, 313.4, 314, 368, 380, 381, 381b, 422, 422.75, 451, 451.1,
451.5, 452, 452.1, 453, 454, 455, 456, 461, 462, 462.5, 463, 473,
474, 476a, 478, 479, 487, 487a, 487b, 487c, 487d, 487e, 487f, 487g,
487h, 488, 489, 490, 490.1, 490.5, 490.7, 496, 498, 499, 499b, 499c,
499d, 520, 524, 530.5, 646.9, 664, 666, 666.5, 667.10, 667.15,
667.16, 667.17, 667.5, 667.51, 667.6, 667.61, 667.7, 667.71, 667.75,
667.8, 667.85, 667.9, 668, 674, 675, 2931, 2932, 2932.5, 2933,
2933.1, 2933.2, 2933.3, 2933.4, 2933.5, 2933.6,  3000.1, 3000
  3000, 3000.1  , 3001, 3046, 3049, 3057, 4019,
12022, 12022.1, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53,
12022.55, 12022.6, 12022.7, 12022.75, 12022.8, 12022.85, 12022.9,
 and  12022.95 of, and to add Title 6.5 (commencing with
Section 4950) to Part 3 of, the Penal Code, relating to sentencing.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 110, as amended, Romero. Sentencing commission.
   Existing law prescribes various penalties for criminal offenses.
   This bill would state legislative findings and declarations
regarding criminal sentencing laws and policies. This bill would
create the California Sentencing Commission, chaired by the Chief
Justice of the California Supreme Court, and comprised as specified,
to develop and implement a new sentencing system, that would develop
rules for sentences imposed for infractions, misdemeanors, alternate
felonies or misdemeanors, and felonies, and rules for parole. The
commission also would be required to make recommendations to the
Legislature regarding criminal laws established by voter initiative,
prepare correctional population projections for the sentencing
system, serve as a resource for sentencing policy, develop
information systems to track criminal cases entering the courts,
assemble information on the effectiveness of sentences imposed, and
investigate the existence of discrimination or inequities in the
sentencing and corrections systems, as specified.
   Any rules promulgated by the commission would take effect on
January 1 of the year following the year that the commission presents
the rules to the Legislature, if the Legislature does not reject the
rules by a statute  that is  passed by  2/3
  a majority vote  of each house of the Legislature
 and signed by the Governor  . Any rule that is rejected by
the Legislature would not take effect.
   This bill would amend various sections of the code that currently
impose a sentence for a crime by providing that crime would be
punishable, alternatively, on or after the operative date of any
applicable sentencing rules proposed by the commission, as provided
in those rules.  Because the bill would authorize a state agency
to change the punishment for several crimes, the bill would impose a
state-   mandated local program.  
   This bill would require various local governmental agencies to
provide certain services, personnel, equipment, facilities, and
information to the commission, upon request of the commission.
Because the bill would impose new duties on local agencies, the 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason. 

   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .



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

  SECTION 1.  Section 11105 of the Health and Safety Code is amended
to read:
   11105.  (a) It is unlawful for any person to knowingly make a
false statement in connection with any report or record required
under this article.
   (b) (1) Any person who violates this section shall be punished by
imprisonment in the state prison, or by imprisonment in the county
jail not exceeding one year, or by a fine not exceeding five thousand
dollars ($5,000), or by both such fine and imprisonment.
   (2) Any person who has been previously convicted of violating this
section and who subsequently violates this section shall be punished
by imprisonment in the state prison for two, three, or four years,
or by a fine not exceeding one hundred thousand dollars ($100,000),
or by both such fine and imprisonment.
   (3) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
first or subsequent violation of this subdivision is punishable as
provided in the applicable sentencing rules.
  SEC. 2.  Section 11150.6 of the Health and Safety Code is amended
to read:
   11150.6.  Notwithstanding Section 11150.5 or subdivision (a) of
Section 11054, methaqualone, its salts, isomers, and salts of its
isomers shall be deemed to be classified in Schedule I for the
purposes of this chapter or, on or after the operative date of an
applicable rule or rules proposed by the California Sentencing
Commission, they shall be included in the schedule provided in the
applicable sentencing rules.
  SEC. 3.  Section 11153 of the Health and Safety Code is amended to
read:
   11153.  (a) A prescription for a controlled substance shall only
be issued for a legitimate medical purpose by an individual
practitioner acting in the usual course of his or her professional
practice. The responsibility for the proper prescribing and
dispensing of controlled substances is upon the prescribing
practitioner, but a corresponding responsibility rests with the
pharmacist who fills the prescription. Except as authorized by this
division, the following are not legal prescriptions: (1) an order
purporting to be a prescription which is issued not in the usual
course of professional treatment or in legitimate and authorized
research; or (2) an order for an addict or habitual user of
controlled substances, which is issued not in the course of
professional treatment or as part of an authorized narcotic treatment
program, for the purpose of providing the user with controlled
substances, sufficient to keep him or her comfortable by maintaining
customary use.
   (b) Any person who knowingly violates this section shall be
punished by imprisonment in the state prison or in the county jail
not exceeding one year, or by a fine not exceeding twenty thousand
dollars ($20,000), or by both a fine and imprisonment or, on or after
the operative date of an applicable rule or rules proposed by the
California Sentencing Commission, shall be punished as provided in
the applicable sentencing rules.
   (c) No provision of the amendments to this section enacted during
the second year of the 1981-82 Regular Session shall be construed as
expanding the scope of practice of a pharmacist.
  SEC. 4.  Section 11162.5 of the Health and Safety Code is amended
to read:
   11162.5.  (a) Every person who counterfeits a prescription blank
purporting to be an official prescription blank prepared and issued
pursuant to Section 11161.5, or knowingly possesses more than three
counterfeited prescription blanks, shall be punished by imprisonment
in the state prison or by imprisonment in a county jail for not more
than one year.
   (b) Every person who knowingly possesses three or fewer
counterfeited prescription blanks purporting to be official
prescription blanks prepared and issued pursuant to Section 11161.5,
shall be guilty of a misdemeanor punishable by imprisonment in a
county jail not exceeding six months, or by a fine not exceeding one
thousand dollars ($1,000), or by both.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 5.  Section 11162.6 of the Health and Safety Code is amended
to read:
   11162.6.  (a) Every person who counterfeits a controlled substance
prescription form shall be guilty of a misdemeanor punishable by
imprisonment in a county jail for not more than one year, by a fine
not exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine.
   (b) Every person who knowingly possesses a counterfeited
controlled substance prescription form shall be guilty of a
misdemeanor punishable by imprisonment in a county jail not exceeding
six months, by a fine not exceeding one thousand dollars ($1,000),
or by both that imprisonment and fine.
   (c) Every person who attempts to obtain or obtains a controlled
substance prescription form under false pretenses shall be guilty of
a misdemeanor punishable by imprisonment in a county jail not
exceeding six months, by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine.
   (d) Every person who fraudulently produces controlled substance
prescription forms shall be guilty of a misdemeanor punishable by
imprisonment in a county jail not exceeding six months, by a fine not
exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 6.  Section 11350 of the Health and Safety Code is amended to
read:
   11350.  (a) Except as otherwise provided in this division, every
person who possesses (1) any controlled substance specified in
subdivision (b) or (c), or paragraph (1) of subdivision (f) of
Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, or specified in subdivision (b) or
(c) of Section 11055, or specified in subdivision (h) of Section
11056, or (2) any controlled substance classified in Schedule III,
IV, or V which is a narcotic drug, unless upon the written
prescription of a physician, dentist, podiatrist, or veterinarian
licensed to practice in this state, shall be punished by imprisonment
in the state prison.
   (b) Except as otherwise provided in this division, every person
who possesses any controlled substance specified in subdivision (e)
of Section 11054 shall be punished by imprisonment in the county jail
for not more than one year or in the state prison.
   (c) Except as otherwise provided in this division, whenever a
person who possesses any of the controlled substances specified in
subdivision (a) or (b), the judge may, in addition to any punishment
provided for pursuant to subdivision (a) or (b), assess against that
person a fine not to exceed seventy dollars ($70) with proceeds of
this fine to be used in accordance with Section 1463.23 of the Penal
Code. The court shall, however, take into consideration the defendant'
s ability to pay, and no defendant shall be denied probation because
of his or her inability to pay the fine permitted under this
subdivision.
   (d) Except in unusual cases in which it would not serve the
interest of justice to do so, whenever a court grants probation
pursuant to a felony conviction under this section, in addition to
any other conditions of probation which may be imposed, the following
conditions of probation shall be ordered:
   (1) For a first offense under this section, a fine of at least one
thousand dollars ($1,000) or community service.
   (2) For a second or subsequent offense under this section, a fine
of at least two thousand dollars ($2,000) or community service.
   (3) If a defendant does not have the ability to pay the minimum
fines specified in paragraphs (1) and (2), community service shall be
ordered in lieu of the fine.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 7.  Section 11351 of the Health and Safety Code is amended to
read:
   11351.  (a) Except as otherwise provided in this division, every
person who possesses for sale or purchases for purposes of sale (1)
any controlled substance specified in subdivision (b), (c), or (e) of
Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, or specified in subdivision (b) or
(c) of Section 11055, or specified in subdivision (h) of Section
11056, or (2) any controlled substance classified in Schedule III,
IV, or V which is a narcotic drug, shall be punished by imprisonment
in the state prison for two, three, or four years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 8.  Section 11351.5 of the Health and Safety Code is amended
to read:
   11351.5.  (a) Except as otherwise provided in this division, every
person who possesses for sale or purchases for purposes of sale
cocaine base which is specified in paragraph (1) of subdivision (f)
of Section 11054, shall be punished by imprisonment in the state
prison for a period of three, four, or five years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 9.  Section 11352 of the Health and Safety Code is amended to
read:
   11352.  (a) Except as otherwise provided in this division, every
person who transports, imports into this state, sells, furnishes,
administers, or gives away, or offers to transport, import into this
state, sell, furnish, administer, or give away, or attempts to import
into this state or transport (1) any controlled substance specified
in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f)
of Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, or specified in subdivision (b) or
(c) of Section 11055, or specified in subdivision (h) of Section
11056, or (2) any controlled substance classified in Schedule III,
IV, or V which is a narcotic drug, unless upon the written
prescription of a physician, dentist, podiatrist, or veterinarian
licensed to practice in this state, shall be punished by imprisonment
in the state prison for three, four, or five years.
   (b) Notwithstanding the penalty provisions of subdivision (a), any
person who transports for sale any controlled substances specified
in subdivision (a) within this state from one county to another
noncontiguous county shall be punished by imprisonment in the state
prison for three, six, or nine years.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 10.  Section 11352.1 of the Health and Safety Code is amended
to read:
   11352.1.  (a) The Legislature hereby declares that the dispensing
and furnishing of prescription drugs, controlled substances, and
dangerous drugs or dangerous devices without a license poses a
significant threat to the health, safety, and welfare of all persons
residing in the state. It is the intent of the Legislature in
enacting this provision to enhance the penalties attached to this
illicit and dangerous conduct.
   (b) Notwithstanding Section 4321 of the Business and Professions
Code, and in addition to any other penalties provided by law, any
person who knowingly and unlawfully dispenses or furnishes a
dangerous drug or dangerous device, or any material represented as,
or presented in lieu of, any dangerous drug or dangerous device, as
defined in Section 4022 of the Business and Professions Code, or who
knowingly owns, manages, or operates a business that dispenses or
furnishes a dangerous drug or dangerous device or any material
represented as, or presented in lieu of, any dangerous drug or
dangerous device, as defined in Section 4022 of the Business and
Professions Code without a license to dispense or furnish these
products, shall be guilty of a misdemeanor. Upon the first
conviction, each violation shall be punishable by imprisonment in a
county jail not to exceed one year, or by a fine not to exceed five
thousand dollars ($5,000), or by both that fine and imprisonment.
Upon a second or subsequent conviction, each violation shall be
punishable by imprisonment in a county jail not to exceed one year,
or by a fine not to exceed ten thousand dollars ($10,000), or by both
that fine and imprisonment.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 11.  Section 11353 of the Health and Safety Code is amended to
read:
   11353.  (a) Every person 18 years of age or over, (a) who in any
voluntary manner solicits, induces, encourages, or intimidates any
minor with the intent that the minor shall violate any provision of
this chapter or Section 11550 with respect to either (1) a controlled
substance which is specified in subdivision (b), (c), or (e), or
paragraph (1) of subdivision (f) of Section 11054, specified in
paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or
specified in subdivision (b) or (c) of Section 11055, or specified
in subdivision (h) of Section 11056, or (2) any controlled substance
classified in Schedule III, IV, or V which is a narcotic drug, (b)
who hires, employs, or uses a minor to unlawfully transport, carry,
sell, give away, prepare for sale, or peddle any such controlled
substance, or (c) who unlawfully sells, furnishes, administers,
gives, or offers to sell, furnish, administer, or give, any such
controlled substance to a minor, shall be punished by imprisonment in
the state prison for a period of three, six, or nine years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 12.  Section 11353.1 of the Health and Safety Code is amended
to read:
   11353.1.  (a) Notwithstanding any other provision of law, any
person 18 years of age or over who is convicted of a violation of
Section 11353, in addition to the punishment imposed for that
conviction, shall receive an additional punishment as follows:
   (1) If the offense involved heroin, cocaine, cocaine base, or any
analog of these substances and occurred upon the grounds of, or
within, a church or synagogue, a playground, a public or private
youth center, a child day care facility, or a public swimming pool,
during hours in which the facility is open for business, classes, or
school-related programs, or at any time when minors are using the
facility, the defendant shall, as a full and separately served
enhancement to any other enhancement provided in paragraph (3), be
punished by imprisonment in the state prison for one year.
   (2) If the offense involved heroin, cocaine, cocaine base, or any
analog of these substances and occurred upon, or within 1,000 feet
of, the grounds of any public or private elementary, vocational,
junior high, or high school, during hours that the school is open for
classes or school-related programs, or at any time when minors are
using the facility where the offense occurs, the defendant shall, as
a full and separately served enhancement to any other enhancement
provided in paragraph (3), be punished by imprisonment in the state
prison for two years.
   (3) If the offense involved a minor who is at least four years
younger than the defendant, the defendant shall, as a full and
separately served enhancement to any other enhancement provided in
this subdivision, be punished by imprisonment in the state prison for
one, two, or three years, at the discretion of the court.
   (4) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (b) The additional punishment provided in this section shall not
be imposed unless the allegation is charged in the accusatory
pleading and admitted by the defendant or found to be true by the
trier of fact.
   (c) The additional punishment provided in this section shall be in
addition to any other punishment provided by law and shall not be
limited by any other provision of law.
   (d) Notwithstanding any other provision of law, the court may
strike the additional punishment provided for in this section if it
determines that there are circumstances in mitigation of the
additional punishment and states on the record its reasons for
striking the additional punishment.
   (e) As used in this section the following definitions shall apply:

   (1) "Playground" means any park or recreational area specifically
designed to be used by children which has play equipment installed,
including public grounds designed for athletic activities such as
baseball, football, soccer, or basketball, or any similar facility
located on public or private school grounds, or on city, county, or
state parks.
   (2) "Youth center" means any public or private facility that is
primarily used to host recreational or social activities for minors,
including, but not limited to, private youth membership organizations
or clubs, social service teenage club facilities, video arcades, or
similar amusement park facilities.
   (3) "Video arcade" means any premises where 10 or more video game
machines or devices are operated, and where minors are legally
permitted to conduct business.
   (4) "Video game machine" means any mechanical amusement device,
which is characterized by the use of a cathode ray tube display and
which, upon the insertion of a coin, slug, or token in any slot or
receptacle attached to, or connected to, the machine, may be operated
for use as a game, contest, or amusement.
   (5) "Within 1,000 feet of the grounds of any public or private
elementary, vocational, junior high, or high school" means any public
area or business establishment where minors are legally permitted to
conduct business which is located within 1,000 feet of any public or
private elementary, vocational, junior high, or high school.
   (6) "Child day care facility" has the meaning specified in Section
1596.750.
   (f) This section does not require either that notice be posted
regarding the proscribed conduct or that the applicable 1,000-foot
boundary limit be marked.
  SEC. 13.  Section 11353.4 of the Health and Safety Code is amended
to read:
   11353.4.  (a) Any person 18 years of age or older who is convicted
for a second or subsequent time of violating Section 11353, as that
section applies to paragraph (1) of subdivision (f) of Section 11054,
where the previous conviction resulted in a prison sentence, shall,
as a full and separately served enhancement to the punishment imposed
for that second or subsequent conviction of Section 11353, be
punished by imprisonment in the state prison for one, two, or three
years.
   (b) If the second or subsequent violation of Section 11353, as
described in subdivision (a), involved a minor who is 14 years of age
or younger, the defendant shall, as a full and separately served
enhancement to any other enhancement provided in this section, be
punished by imprisonment in the state prison for one, two, or three
years, at the discretion of the court.
   (c) The additional punishment provided in this section shall not
be imposed unless the allegation is charged in the accusatory
pleading and admitted by the defendant or found to be true by the
trier of fact.
   (d) The additional punishment provided in this section shall be in
addition to any other punishment provided by law and shall not be
limited by any other provision of law.
   (e) Notwithstanding any other provision of law, the court may
strike the additional punishment provided for in this section if it
determines that there are circumstances in mitigation of the
additional punishment and states on the record its reasons for
striking the additional punishment.
   (f) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 14.  Section 11353.5 of the Health and Safety Code is amended
to read:
   11353.5.  (a) Except as authorized by law, any person 18 years of
age or older who unlawfully prepares for sale upon school grounds or
a public playground, a child day care facility, a church, or a
synagogue, or sells or gives away a controlled substance, other than
a controlled substance described in Section 11353 or 11380, to a
minor upon the grounds of, or within, any school, child day care
facility, public playground, church, or synagogue providing
instruction in preschool, kindergarten, or any of grades 1 to 12,
inclusive, or providing child care services, during hours in which
those facilities are open for classes, school-related programs, or
child care, or at any time when minors are using the facility where
the offense occurs, or upon the grounds of a public playground during
the hours in which school-related programs for minors are being
conducted, or at any time when minors are using the facility where
the offense occurs, shall be punished by imprisonment in the state
prison for five, seven, or nine years. Application of this section
shall be limited to persons at least five years older than the minor
to whom he or she prepares for sale, sells, or gives away a
controlled substance.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 15.  Section 11353.6 of the Health and Safety Code is amended
to read:
   11353.6.  (a) This section shall be known, and may be cited, as
the Juvenile Drug Trafficking and Schoolyard Act of 1988.
   (b) Any person 18 years of age or over who is convicted of a
violation of Section 11351.5, 11352, or 11379.6, as those sections
apply to paragraph (1) of subdivision (f) of Section 11054, or of
Section 11351, 11352, or 11379.6, as those sections apply to
paragraph (11) of subdivision (c) of Section 11054, or of Section
11378, 11379, or 11379.6, as those sections apply to paragraph (2) of
subdivision (d) of Section 11055, or of a conspiracy to commit one
of those offenses, where the violation takes place upon the grounds
of, or within 1,000 feet of, a public or private elementary,
vocational, junior high, or high school during hours that the school
is open for classes or school-related programs, or at any time when
minors are using the facility where the offense occurs, shall receive
an additional punishment of 3, 4, or 5 years at the court's
discretion.
   (c) Any person 18 years of age or older who is convicted of a
violation pursuant to subdivision (b) which involves a minor who is
at least four years younger than that person, as a full and
separately served enhancement to that provided in subdivision (b),
shall be punished by imprisonment in the state prison for 3, 4, or 5
years at the court's discretion.
   (d) The additional terms provided in this section shall not be
imposed unless the allegation is charged in the accusatory pleading
and admitted or found to be true by the trier of fact.
   (e) The additional terms provided in this section shall be in
addition to any other punishment provided by law and shall not be
limited by any other provision of law.
   (f) Notwithstanding any other provision of law, the court may
strike the additional punishment for the enhancements provided in
this section if it determines that there are circumstances in
mitigation of the additional punishment and states on the record its
reasons for striking the additional punishment.
   (g) "Within 1,000 feet of a public or private elementary,
vocational, junior high, or high school" means any public area or
business establishment where minors are legally permitted to conduct
business which is located within 1,000 feet of any public or private
elementary, vocational, junior high, or high school.
   (h) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 16.  Section 11353.7 of the Health and Safety Code is amended
to read:
   11353.7.  (a) Except as authorized by law, and except as provided
otherwise in Sections 11353.1, 11353.6, and 11380.1 with respect to
playgrounds situated in a public park, any person 18 years of age or
older who unlawfully prepares for sale in a public park, including
units of the state park system and state vehicular recreation areas,
or sells or gives away a controlled substance to a minor under the
age of 14 years in a public park, including units of the state park
system and state vehicular recreation areas, during hours in which
the public park, including units of the state park system and state
vehicular recreation areas, is open for use, with knowledge that the
person is a minor under the age of 14 years, shall be punished by
imprisonment in the state prison for three, six, or nine years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 17.  Section 11354 of the Health and Safety Code is amended to
read:
   11354.  (a) Every person under the age of 18 years who in any
voluntary manner solicits, induces, encourages, or intimidates any
minor with the intent that the minor shall violate any provision of
this chapter or Section 11550, who hires, employs, or uses a minor to
unlawfully transport, carry, sell, give away, prepare for sale, or
peddle (1) any controlled substance specified in subdivision (b),
(c), or (e), or paragraph
(1) of subdivision (f) of Section 11054, specified in paragraph
(14), (15), or (20) of subdivision (d) of Section 11054, or specified
in subdivision (b) or (c) of Section 11055, or specified in
subdivision (h) of Section 11056, or (2) any controlled substance
classified in Schedule III, IV, or V which is a narcotic drug, or who
unlawfully sells, furnishes, administers, gives, or offers to sell,
furnish, administer, or give, any such controlled substance to a
minor shall be punished by imprisonment in the state prison.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) This section is not intended to affect the jurisdiction of the
juvenile court.
  SEC. 18.  Section 11355 of the Health and Safety Code is amended to
read:
   11355.  (a) Every person who agrees, consents, or in any manner
offers to unlawfully sell, furnish, transport, administer, or give
(1) any controlled substance specified in subdivision (b), (c), or
(e), or paragraph (1) of subdivision (f) of Section 11054, specified
in paragraph (13), (14), (15), or (20) of subdivision (d) of Section
11054, or specified in subdivision (b) or (c) of Section 11055, or
specified in subdivision (h) of Section 11056, or (2) any controlled
substance classified in Schedule III, IV, or V which is a narcotic
drug to any person, or who offers, arranges, or negotiates to have
any such controlled substance unlawfully sold, delivered,
transported, furnished, administered, or given to any person and who
then sells, delivers, furnishes, transports, administers, or gives,
or offers, arranges, or negotiates to have sold, delivered,
transported, furnished, administered, or given to any person any
other liquid, substance, or material in lieu of any such controlled
substance shall be punished by imprisonment in the county jail for
not more than one year, or in the state prison.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 19.  Section 11356.5 of the Health and Safety Code is amended
to read:
   11356.5.  (a) Any person convicted of a violation of Section
11351, 11352, 11379.5, or 11379.6 insofar as the latter section
relates to phencyclidine or any of its analogs which is specified in
paragraph (21), (22), or (23) of subdivision (d) of Section 11054 or
in paragraph (3) of subdivision (e) of Section 11055, who, as part of
the transaction for which he or she was convicted, has induced
another to violate Section 11351, 11352, 11379.5, or 11379.6 insofar
as the latter section relates to phencyclidine or its analogs, shall
be punished as follows:
   (1) By an additional one year in prison if the value of the
controlled substance involved in the transaction for which the person
was convicted exceeds five hundred thousand dollars ($500,000).
   (2) By an additional two years in prison if the value of the
controlled substance involved in the transaction for which the person
was convicted exceeds two million dollars ($2,000,000).
   (3) By an additional three years in prison if the value of the
controlled substance involved in the transaction for which the person
was convicted exceeds five million dollars ($5,000,000).
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) For purposes of this section, "value of the controlled
substance" means the retail price to the user.
  SEC. 20.  Section 11357 of the Health and Safety Code is amended to
read:
   11357.  (a) Except as authorized by law, every person who
possesses any concentrated cannabis shall be punished by imprisonment
in the county jail for a period of not more than one year or by a
fine of not more than five hundred dollars ($500), or by both such
fine and imprisonment, or shall be punished by imprisonment in the
state prison.
   (b) Except as authorized by law, every person who possesses not
more than 28.5 grams of marijuana, other than concentrated cannabis,
is guilty of a misdemeanor and shall be punished by a fine of not
more than one hundred dollars ($100). Notwithstanding other
provisions of law, if such person has been previously convicted three
or more times of an offense described in this subdivision during the
two-year period immediately preceding the date of commission of the
violation to be charged, the previous convictions shall also be
charged in the accusatory pleading and, if found to be true by the
jury upon a jury trial or by the court upon a court trial or if
admitted by the person, the provisions of Sections 1000.1 and 1000.2
of the Penal Code shall be applicable to him, and the court shall
divert and refer him for education, treatment, or rehabilitation,
without a court hearing or determination or the concurrence of the
district attorney, to an appropriate community program which will
accept him. If the person is so diverted and referred he shall not be
subject to the fine specified in this subdivision. If no community
program will accept him, the person shall be subject to the fine
specified in this subdivision. In any case in which a person is
arrested for a violation of this subdivision and does not demand to
be taken before a magistrate, such person shall be released by the
arresting officer upon presentation of satisfactory evidence of
identity and giving his written promise to appear in court, as
provided in Section 853.6 of the Penal Code, and shall not be
subjected to booking.
   (c) Except as authorized by law, every person who possesses more
than 28.5 grams of marijuana, other than concentrated cannabis, shall
be punished by imprisonment in the county jail for a period of not
more than six months or by a fine of not more than five hundred
dollars ($500), or by both such fine and imprisonment.
   (d) Except as authorized by law, every person 18 years of age or
over who possesses not more than 28.5 grams of marijuana, other than
concentrated cannabis, upon the grounds of, or within, any school
providing instruction in kindergarten or any of grades 1 through 12
during hours the school is open for classes or school-related
programs is guilty of a misdemeanor and shall be punished by a fine
of not more than five hundred dollars ($500), or by imprisonment in
the county jail for a period of not more than 10 days, or both.
   (e) Except as authorized by law, every person under the age of 18
who possesses not more than 28.5 grams of marijuana, other than
concentrated cannabis, upon the grounds of, or within, any school
providing instruction in kindergarten or any of grades 1 through 12
during hours the school is open for classes or school-related
programs is guilty of a misdemeanor and shall be subject to the
following dispositions:
   (1) A fine of not more than two hundred fifty dollars ($250), upon
a finding that a first offense has been committed.
   (2) A fine of not more than five hundred dollars ($500), or
commitment to a juvenile hall, ranch, camp, forestry camp, or secure
juvenile home for a period of not more than 10 days, or both, upon a
finding that a second or subsequent offense has been committed.
   (f) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 21.  Section 11358 of the Health and Safety Code is amended to
read:
   11358.  Every person who plants, cultivates, harvests, dries, or
processes any marijuana or any part thereof, except as otherwise
provided by law, shall be punished by imprisonment in the state
prison or, on or after the operative date of an applicable rule or
rules proposed by the California Sentencing Commission, shall be
punished as provided in the applicable sentencing rules.
  SEC. 22.  Section 11359 of the Health and Safety Code is amended to
read:
   11359.  Every person who possesses for sale any marijuana, except
as otherwise provided by law, shall be punished by imprisonment in
the state prison or, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, shall
be punished as provided in the applicable sentencing rules.
  SEC. 23.  Section 11360 of the Health and Safety Code is amended to
read:
   11360.  (a) Except as otherwise provided by this section or as
authorized by law, every person who transports, imports into this
state, sells, furnishes, administers, or gives away, or offers to
transport, import into this state, sell, furnish, administer, or give
away, or attempts to import into this state or transport any
marijuana shall be punished by imprisonment in the state prison for a
period of two, three or four years.
   (b) Except as authorized by law, every person who gives away,
offers to give away, transports, offers to transport, or attempts to
transport not more than 28.5 grams of marijuana, other than
concentrated cannabis, is guilty of a misdemeanor and shall be
punished by a fine of not more than one hundred dollars ($100). If a
person is arrested for a violation of this subdivision and does not
demand to be taken before a magistrate, such person shall be released
by the arresting officer upon presentation of satisfactory evidence
of identity and giving his written promise to appear in court, as
provided in Section 853.6 of the Penal Code, and shall not be
subjected to booking.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 24.  Section 11361 of the Health and Safety Code is amended to
read:
   11361.  (a) Every person 18 years of age or over who hires,
employs, or uses a minor in unlawfully transporting, carrying,
selling, giving away, preparing for sale, or peddling any marijuana,
who unlawfully sells, or offers to sell, any marijuana to a minor, or
who furnishes, administers, or gives, or offers to furnish,
administer, or give any marijuana to a minor under 14 years of age,
or who induces a minor to use marijuana in violation of law shall be
punished by imprisonment in the state prison for a period of three,
five, or seven years.
   (b) Every person 18 years of age or over who furnishes,
administers, or gives, or offers to furnish, administer, or give, any
marijuana to a minor 14 years of age or older shall be punished by
imprisonment in the state prison for a period of three, four, or five
years.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 25.  Section 11363 of the Health and Safety Code is amended to
read:
   11363.  Every person who plants, cultivates, harvests, dries, or
processes any plant of the genus Lophophora, also known as peyote, or
any part thereof shall be punished by imprisonment in the county
jail for a period of not more than one year or the state prison or,
on or after the operative date of an applicable rule or rules
proposed by the California Sentencing Commission, shall be punished
as provided in the applicable sentencing rules.
  SEC. 26.  Section 11364.7 of the Health and Safety Code is amended
to read:
   11364.7.  (a) Except as authorized by law, any person who
delivers, furnishes, or transfers, possesses with intent to deliver,
furnish, or transfer, or manufactures with the intent to deliver,
furnish, or transfer, drug paraphernalia, knowing, or under
circumstances where one reasonably should know, that it will be used
to plant, propagate, cultivate, grow, harvest, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale, or otherwise introduce into
the human body a controlled substance, except as provided in
subdivision (b), in violation of this division, is guilty of a
misdemeanor.
   No public entity, its agents, or employees shall be subject to
criminal prosecution for distribution of hypodermic needles or
syringes to participants in clean needle and syringe exchange
projects authorized by the public entity pursuant to Chapter 18
(commencing with Section 121349) of Part 4 of Division 105.
   (b) Except as authorized by law, any person who manufactures with
intent to deliver, furnish, or transfer drug paraphernalia knowing,
or under circumstances where one reasonably should know, that it will
be used to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain, conceal, inject, ingest, inhale, or otherwise
introduce into the human body cocaine, cocaine base, heroin,
phencyclidine, or methamphetamine in violation of this division shall
be punished by imprisonment in a county jail for not more than one
year, or in the state prison.
   (c) Except as authorized by law, any person, 18 years of age or
over, who violates subdivision (a) by delivering, furnishing, or
transferring drug paraphernalia to a person under 18 years of age who
is at least three years his or her junior, or who, upon the grounds
of a public or private elementary, vocational, junior high, or high
school, possesses a hypodermic needle, as defined in paragraph (7) of
subdivision (a) of Section 11014.5, with the intent to deliver,
furnish, or transfer the hypodermic needle, knowing, or under
circumstances where one reasonably should know, that it will be used
by a person under 18 years of age to inject into the human body a
controlled substance, is guilty of a misdemeanor and shall be
punished by imprisonment in a county jail for not more than one year,
by a fine of not more than one thousand dollars ($1,000), or by both
that imprisonment and fine.
   (d) The violation, or the causing or the permitting of a
violation, of subdivision (a), (b), or (c) by a holder of a business
or liquor license issued by a city, county, or city and county, or by
the State of California, and in the course of the licensee's
business shall be grounds for the revocation of that license.
   (e) All drug paraphernalia defined in Section 11014.5 is subject
to forfeiture and may be seized by any peace officer pursuant to
Section 11471.
   (f) If any provision of this section or the application thereof to
any person or circumstance is held invalid, it is the intent of the
Legislature that the invalidity shall not affect other provisions or
applications of this section which can be given effect without the
invalid provision or application and to this end the provisions of
this section are severable.
   (g) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 27.  Section 11366 of the Health and Safety Code is amended to
read:
   11366.  (a) Every person who opens or maintains any place for the
purpose of unlawfully selling, giving away, or using any controlled
substance which is (1) specified in subdivision (b), (c), or (e), or
paragraph (1) of subdivision (f) of Section 11054, specified in
paragraph (13), (14), (15), or (20) of subdivision (d) of Section
11054, or specified in subdivision (b)  ,   or
 (c), paragraph (1) or (2) of subdivision (d), or paragraph (3)
of subdivision (e) of Section 11055, or (2) which is a narcotic drug
classified in Schedule III, IV, or V, shall be punished by
imprisonment in the county jail for a period of not more than one
year or the state prison.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 28.  Section 11366.5 of the Health and Safety Code is amended
to read:
   11366.5.  (a) Any person who has under his or her management or
control any building, room, space, or enclosure, either as an owner,
lessee, agent, employee, or mortgagee, who knowingly rents, leases,
or makes available for use, with or without compensation, the
building, room, space, or enclosure for the purpose of unlawfully
manufacturing, storing, or distributing any controlled substance for
sale or distribution shall be punished by imprisonment in the county
jail for not more than one year, or in the state prison.
   (b) Any person who has under his or her management or control any
building, room, space, or enclosure, either as an owner, lessee,
agent, employee, or mortgagee, who knowingly allows the building,
room, space, or enclosure to be fortified to suppress law enforcement
entry in order to further the sale of any amount of cocaine base as
specified in paragraph (1) of subdivision (f) of Section 11054,
cocaine as specified in paragraph (6) of subdivision (b) of Section
11055, heroin, phencyclidine, amphetamine, methamphetamine, or
lysergic acid diethylamide and who obtains excessive profits from the
use of the building, room, space, or enclosure shall be punished by
imprisonment in the state prison for two, three, or four years.
   (c) Any person who violates subdivision (a) after previously being
convicted of a violation of subdivision (a) shall be punished by
imprisonment in the state prison for two, three, or four years.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (e) For the purposes of this section, "excessive profits" means
the receipt of consideration of a value substantially higher than
fair market value.
  SEC. 29.  Section 11366.6 of the Health and Safety Code is amended
to read:
   11366.6.  (a) Any person who utilizes a building, room, space, or
enclosure specifically designed to suppress law enforcement entry in
order to sell, manufacture, or possess for sale any amount of cocaine
base as specified in paragraph (1) of subdivision (f) of Section
11054, cocaine as specified in paragraph (6) of subdivision (b) of
Section 11055, heroin, phencyclidine, amphetamine, methamphetamine,
or lysergic acid diethylamide shall be punished by imprisonment in
the state prison for three, four, or five years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 30.  Section 11366.7 of the Health and Safety Code is amended
to read:
   11366.7.  (a) This section shall apply to the following:
   (1) Any chemical or drug.
   (2) Any laboratory apparatus or device.
   (b) Any retailer or wholesaler who sells any item in paragraph (1)
or (2) of subdivision (a) with knowledge or the intent that it will
be used to unlawfully manufacture, compound, convert, process, or
prepare a controlled substance for unlawful sale or distribution,
shall be punished by imprisonment in a county jail for not more than
one year, or in the state prison, or by a fine not exceeding
twenty-five thousand dollars ($25,000), or by both that imprisonment
and fine. Any fine collected pursuant to this section shall be
distributed as specified in Section 1463.10 of the Penal Code.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 31.  Section 11366.8 of the Health and Safety Code is amended
to read:
   11366.8.  (a) Every person who possesses, uses, or controls a
false compartment with the intent to store, conceal, smuggle, or
transport a controlled substance within the false compartment shall
be punished by imprisonment in a county jail for a term of
imprisonment not to exceed one year or in the state prison.
   (b) Every person who designs, constructs, builds, alters, or
fabricates a false compartment for, or installs or attaches a false
compartment to, a vehicle with the intent to store, conceal, smuggle,
or transport a controlled substance shall be punished by
imprisonment in the state prison for 16 months or two or three years.

   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (d) The term "vehicle" means any of the following vehicles without
regard to whether the vehicles are private or commercial, including,
but not limited to, cars, trucks, buses, aircraft, boats, ships,
yachts, and vessels.
   (e) The term "false compartment" means any box, container, space,
or enclosure that is intended for use or designed for use to conceal,
hide, or otherwise prevent discovery of any controlled substance
within or attached to a vehicle, including, but not limited to, any
of the following:
   (1) False, altered, or modified fuel tanks.
   (2) Original factory equipment of a vehicle that is modified,
altered, or changed.
   (3) Compartment, space, or box that is added to, or fabricated,
made, or created from, existing compartments, spaces, or boxes within
a vehicle.
  SEC. 32.  Section 11368 of the Health and Safety Code is amended to
read:
   11368.  (a) Every person who forges or alters a prescription or
who issues or utters an altered prescription, or who issues or utters
a prescription bearing a forged or fictitious signature for any
narcotic drug, or who obtains any narcotic drug by any forged,
fictitious, or altered prescription, or who has in possession any
narcotic drug secured by a forged, fictitious, or altered
prescription, shall be punished by imprisonment in the county jail
for not less than six months nor more than one year, or in the state
prison.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 33.  Section 11370 of the Health and Safety Code is amended to
read:
   11370.  (a) Any person convicted of violating Section 11350,
11351, 11351.5, 11352, 11353, 11355, 11357, 11359, 11360, 11361,
11363, 11366, or 11368, or of committing any offense referred to in
those sections, shall not, in any case, be granted probation by the
trial court or have the execution of the sentence imposed upon him or
her suspended by the court, if he or she has been previously
convicted of any offense described in subdivision (c).
   (b) Any person who was 18 years of age or over at the time of the
commission of the offense and is convicted for the first time of
selling, furnishing, administering, or giving a controlled substance
which is (1) specified in subdivision (b), (c),  or  (e), or
paragraph (1) of subdivision (f) of Section 11054, specified in
paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or
specified in subdivision (b) or (c) of Section 11055, or (2) which
is a narcotic drug classified in Schedule III, IV, or V, to a minor
or inducing a minor to use such a controlled substance in violation
of law shall not, in any case, be granted probation by the trial
court or have the execution of the sentence imposed upon him or her
suspended by the court.
   (c) Any previous conviction of any of the following offenses, or
of an offense under the laws of another state or of the United States
which, if committed in this state, would have been punishable as
such an offense, shall render a person ineligible for probation or
suspension of sentence pursuant to subdivision (a) of this section:
   (1) Any felony offense described in this division involving a
controlled substance specified in subdivision (b), (c),  or 
(e), or paragraph (1) of subdivision (f) of Section 11054, specified
in paragraph (13), (14), (15), or (20) of subdivision (d) of Section
11054, or specified in subdivision (b) or (c) of Section 11055.
   (2) Any felony offense described in this division involving a
narcotic drug classified in Schedule III, IV, or V.
   (d) The existence of any previous conviction or fact which would
make a person ineligible for suspension of sentence or probation
under this section shall be alleged in the information or indictment,
and either admitted by the defendant in open court, or found to be
true by the jury trying the issue of guilt or by the court where
guilt is established by a plea of guilty or nolo contendere or by
trial by the court sitting without a jury.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 34.  Section 11370.1 of the Health and Safety Code is amended
to read:
   11370.1.  (a) (1) Notwithstanding Section 11350 or 11377 or any
other provision of law, every person who unlawfully possesses any
amount of a substance containing cocaine base, a substance containing
cocaine, a substance containing heroin, a substance containing
methamphetamine, a crystalline substance containing phencyclidine, a
liquid substance containing phencyclidine, plant material containing
phencyclidine, or a hand-rolled cigarette treated with phencyclidine
while armed with a loaded, operable firearm is guilty of a felony
punishable by imprisonment in the state prison for two, three, or
four years.
   (2) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (3) As used in this subdivision, "armed with" means having
available for immediate offensive or defensive use.
   (b) Any person who is convicted under this section shall be
ineligible for diversion or deferred entry of judgment under Chapter
2.5 (commencing with Section 1000) of Title 6 of Part 2 of the Penal
Code.
            SEC. 35.  Section 11370.2 of the Health and Safety Code
is amended to read:
   11370.2.  (a) Any person convicted of a violation of, or of a
conspiracy to violate, Section 11351, 11351.5, or 11352 shall
receive, in addition to any other punishment authorized by law,
including Section 667.5 of the Penal Code, a full, separate, and
consecutive three-year term for each prior felony conviction of, or
for each prior felony conviction of conspiracy to violate, Section
11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, 11379.6,
11380, 11380.5, or 11383, whether or not the prior conviction
resulted in a term of imprisonment.
   (b) Any person convicted of a violation of, or of a conspiracy to
violate, Section 11378.5, 11379.5, 11379.6, 11380.5, or 11383 shall
receive, in addition to any other punishment authorized by law,
including Section 667.5 of the Penal Code, a full, separate, and
consecutive three-year term for each prior felony conviction of, or
for each prior felony conviction of conspiracy to violate, Section
11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, 11379.6,
11380, 11380.5, or 11383, whether or not the prior conviction
resulted in a term of imprisonment.
   (c) Any person convicted of a violation of, or of a conspiracy to
violate, Section 11378 or 11379 with respect to any substance
containing a controlled substance specified in paragraph (1) or (2)
of subdivision (d) of Section 11055 shall receive, in addition to any
other punishment authorized by law, including Section 667.5 of the
Penal Code, a full, separate, and consecutive three-year term for
each prior felony conviction of, or for each prior felony conviction
of conspiracy to violate, Section 11351, 11351.5, 11352, 11378,
11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, or 11383, whether
or not the prior conviction resulted in a term of imprisonment.
   (d) The enhancements provided for in this section shall be pleaded
and proven as provided by law.
   (e) The conspiracy enhancements provided for in this section shall
not be imposed unless the trier of fact finds that the defendant
conspirator was substantially involved in the planning, direction,
execution, or financing of the underlying offense.
   (f) Prior convictions from another jurisdiction qualify for use
under this section pursuant to Section 668  of the Penal Code
 .
   (g) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 36.  Section 11370.4 of the Health and Safety Code is amended
to read:
   11370.4.  (a) Any person convicted of a violation of, or of a
conspiracy to violate, Section 11351, 11351.5, or 11352 with respect
to a substance containing heroin, cocaine base as specified in
paragraph (1) of subdivision (f) of Section 11054, or cocaine as
specified in paragraph (6) of subdivision (b) of Section 11055 shall
receive an additional term as follows:
   (1) Where the substance exceeds one kilogram by weight, the person
shall receive an additional term of three years.
   (2) Where the substance exceeds four kilograms by weight, the
person shall receive an additional term of five years.
   (3) Where the substance exceeds 10 kilograms by weight, the person
shall receive an additional term of 10 years.
   (4) Where the substance exceeds 20 kilograms by weight, the person
shall receive an additional term of 15 years.
   (5) Where the substance exceeds 40 kilograms by weight, the person
shall receive an additional term of 20 years.
   (6) Where the substance exceeds 80 kilograms by weight, the person
shall receive an additional term of 25 years.
   The conspiracy enhancements provided for in this subdivision shall
not be imposed unless the trier of fact finds that the defendant
conspirator was substantially involved in the planning, direction,
execution, or financing of the underlying offense.
   (b) Any person convicted of a violation of, or of conspiracy to
violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a
substance containing methamphetamine, amphetamine, phencyclidine
(PCP) and its analogs shall receive an additional term as follows:
   (1) Where the substance exceeds one kilogram by weight, or 30
liters by liquid volume, the person shall receive an additional term
of three years.
   (2) Where the substance exceeds four kilograms by weight, or 100
liters by liquid volume, the person shall receive an additional term
of five years.
   (3) Where the substance exceeds 10 kilograms by weight, or 200
liters by liquid volume, the person shall receive an additional term
of 10 years.
   (4) Where the substance exceeds 20 kilograms by weight, or 400
liters by liquid volume, the person shall receive an additional term
of 15 years.
   In computing the quantities involved in this subdivision, plant or
vegetable material seized shall not be included.
   The conspiracy enhancements provided for in this subdivision shall
not be imposed unless the trier of fact finds that the defendant
conspirator was substantially involved in the planning, direction,
execution, or financing of the underlying offense.
   (c) The additional terms provided in this section shall not be
imposed unless the allegation that the weight of the substance
containing heroin, cocaine base as specified in paragraph (1) of
subdivision (f) of Section 11054, cocaine as specified in paragraph
(6) of subdivision (b) of Section 11055, methamphetamine,
amphetamine, or phencyclidine (PCP) and its analogs exceeds the
amounts provided in this section is charged in the accusatory
pleading and admitted or found to be true by the trier of fact.
   (d) The additional terms provided in this section shall be in
addition to any other punishment provided by law.
   (e) Notwithstanding any other provision of law, the court may
strike the additional punishment for the enhancements provided in
this section if it determines that there are circumstances in
mitigation of the additional punishment and states on the record its
reasons for striking the additional punishment.
   (f) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 37.  Section 11370.6 of the Health and Safety Code is amended
to read:
   11370.6.  (a) Every person who possesses any moneys or negotiable
instruments in excess of one hundred thousand dollars ($100,000)
which have been obtained as the result of the unlawful sale,
possession for sale, transportation, manufacture, offer for sale, or
offer to manufacture any controlled substance listed in Section
11054, 11055, 11056, 11057, or 11058, with knowledge that the moneys
or negotiable instruments have been so obtained, and any person who
possesses any moneys or negotiable instruments in excess of one
hundred thousand dollars ($100,000) which are intended by that person
for the unlawful purchase of any controlled substance listed in
Section 11054, 11055, 11056, 11057, or 11058 and who commits an act
in substantial furtherance of the unlawful purchase, shall be
punished by imprisonment in the county jail for a term not to exceed
one year, or by imprisonment in the state prison for two, three, or
four years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) In consideration of the constitutional right to counsel
afforded by the Sixth Amendment to the United States Constitution and
Section 15 of Article 1   I  of the
California Constitution, when a case charged under subdivision (a)
involves an attorney who accepts a fee for representing a client in a
criminal investigation or proceeding, the prosecution shall
additionally be required to prove that the moneys or negotiable
instruments were accepted by the attorney with the intent to
participate in the unlawful conduct described in subdivision (a) or
to disguise or aid in disguising the source of the funds or the
nature of the criminal activity.
   (d) In determining the guilt or innocence of a person charged
under subdivision (a), the trier of fact may consider the following
in addition to any other relevant evidence:
   (1) The lack of gainful employment by the person charged.
   (2) The expert opinion of a qualified controlled substances expert
as to the source of the assets.
   (3) The existence of documents or ledgers that indicate sales of
controlled substances.
  SEC. 38.  Section 11370.9 of the Health and Safety Code is amended
to read:
   11370.9.  (a) It is unlawful for any person knowingly to receive
or acquire proceeds, or engage in a transaction involving proceeds,
known to be derived from any violation of this division  or 
Chapter 5 (commencing with Section 109525) of Part 4 of Division 104
with the intent to conceal or disguise or aid in concealing or
disguising the nature, location, ownership, control, or source of the
proceeds or to avoid a transaction reporting requirement under state
or federal law.
   (b) It is unlawful for any person knowingly to give, sell,
transfer, trade, invest, conceal, transport, or maintain an interest
in, or otherwise make available, anything of value which that person
knows is intended to be used for the purpose of committing, or
furthering the commission of, any violation of this division  or
 Chapter 5 (commencing with Section 109525) of Part 4 of
Division 104 with the intent to conceal or disguise or aid in
concealing or disguising the nature, location, ownership, control, or
source of the proceeds or to avoid a transaction reporting
requirement under state or federal law.
   (c) It is unlawful for any person knowingly to direct, plan,
organize, initiate, finance, manage, supervise, or facilitate the
transportation or transfer of proceeds known to be derived from any
violation of this division  or  Chapter 5 (commencing with
Section 109525) of Part 4 of Division 104 with the intent to conceal
or disguise or aid in concealing or disguising the nature, location,
ownership, control, or source of the proceeds or to avoid a
transaction reporting requirement under state or federal law.
   (d) It is unlawful for any person knowingly to conduct a
transaction involving proceeds derived from a violation of this
division  or  Chapter 5 (commencing with Section 109525) of
Part 4 of Division 104 when the transaction is designed in whole or
in part to conceal or disguise the nature, location, source,
ownership, or control of the proceeds known to be derived from a
violation of this division  or  Chapter 5 (commencing with
Section 109525) of Part 4 of Division 104 with the intent to conceal
or disguise or aid in concealing or disguising the nature, location,
ownership, control, or source of the proceeds or to avoid a
transaction reporting requirement under state or federal law.
   (e) A violation of this section shall be punished by imprisonment
in a county jail for not more than one year or in the state prison
for a period of two, three, or four years, by a fine of not more than
two hundred fifty thousand dollars ($250,000) or twice the value of
the proceeds or property involved in the violation, whichever is
greater, or by both that imprisonment and fine. Notwithstanding any
other provision of law, each violation of this section shall
constitute a separate, punishable offense without limitation.
   (f) This section shall apply only to a transaction, or series of
related transactions within a 30-day period, involving over
twenty-five thousand dollars ($25,000) or to proceeds of a value
exceeding twenty-five thousand dollars ($25,000).
   (g) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (h) In consideration of the constitutional right to counsel
afforded by the Sixth Amendment to the United States Constitution and
Section 15 of Article  1   I  of the
California Constitution, this section is not intended to apply to the
receipt of, or a related transaction involving, a fee by an attorney
for the purpose of providing advice or representing a person in a
criminal investigation or prosecution.
   (i) For the purposes of this section, the following terms have the
following meanings:
   (1) "Proceeds" means property acquired or derived directly or
indirectly from, produced through, or realized through any violation
of this division or  Division 10.1   Chapter 5
(commencing with Section 109525) of Part 4 of Division 104  .
   (2) "Transaction" includes a purchase, sale, trade, loan, pledge,
investment, gift, transfer, transmission, delivery, deposit,
withdrawal, payment, electronic, magnetic, or manual transfer between
accounts, exchange of currency, extension of credit, purchase or
sale of any monetary instrument, or any other acquisition or
disposition of property by whatever means effected.
   (3) "Represented by a law enforcement officer" means any
representation of fact made by a peace officer as defined in Section
7 of the Penal Code, or a federal officer described in subsection (e)
of Sections 1956 and 1957 of Title 18 of the United States Code, or
by another person at the direction of, or with the approval of, that
peace officer or federal officer.
  SEC. 39.  Section 11371 of the Health and Safety Code is amended to
read:
   11371.  (a) Any person who knowingly violates any of the
provisions of Section 11153, 11154, 11155, or 11156 with respect to
(1) a controlled substance specified in subdivision (b), (c), or (d)
of Section 11055, or (2) a controlled substance specified in
paragraph (1) of subdivision (b) of Section 11056, or (3) a
controlled substance which is a narcotic drug classified in Schedule
III, IV, or V, or who in any voluntary manner solicits, induces,
encourages or intimidates any minor with the intent that such minor
shall commit any such offense, shall be punished by imprisonment in
the state prison or in a county jail not exceeding one year, or by a
fine not exceeding twenty thousand dollars ($20,000), or by both such
fine and imprisonment.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 40.  Section 11371.1 of the Health and Safety Code is amended
to read:
   11371.1.  (a) Any person who knowingly violates any of the
provisions of Section 11173 or 11174 with respect to (1) a controlled
substance specified in subdivision (b), (c), or (d) of Section
11055, or (2) a controlled substance specified in paragraph (1) of
subdivision (b) of Section 11056, or (3) a controlled substance which
is a narcotic drug classified in Schedule III, IV, or V, or who in
any voluntary manner solicits, induces, encourages or intimidates any
minor with the intent that such minor shall commit any such offense,
shall be punished by imprisonment in the state prison, or in a
county jail not exceeding one year.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 41.  Section 11372 of the Health and Safety Code is amended to
read:
   11372.  (a) In addition to the term of imprisonment provided by
law for persons convicted of violating Section 11350, 11351, 11351.5,
11352, 11353, 11355, 11359, 11360, or 11361, the trial court may
impose a fine not exceeding twenty thousand dollars ($20,000) for
each offense. In no event shall a fine be levied in lieu of or in
substitution for the term of imprisonment provided by law for any of
these offenses.
   (b) Any person receiving an additional term pursuant to paragraph
(1) of subdivision (a) of Section 11370.4, may, in addition, be fined
by an amount not exceeding one million dollars ($1,000,000) for each
offense.
   (c) Any person receiving an additional term pursuant to paragraph
(2) of subdivision (a) of Section 11370.4, may, in addition, be fined
by an amount not to exceed four million dollars ($4,000,000) for
each offense.
   (d) Any person receiving an additional term pursuant to paragraph
(3) of subdivision (a) of Section 11370.4, may, in addition, be fined
by an amount not to exceed eight million dollars ($8,000,000) for
each offense.
   (e) The court shall make a finding, prior to the imposition of the
fines authorized by subdivisions (b) to (e), inclusive, that there
is a reasonable expectation that the fine, or a substantial portion
thereof, could be collected within a reasonable period of time,
taking into consideration the defendant's income, earning capacity,
and financial resources.
   (f) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 42.  Section 11374 of the Health and Safety Code is amended to
read:
   11374.  (a) Every person who violates or fails to comply with any
provision of this division, except one for which a penalty is
otherwise in this division specifically provided, is guilty of a
misdemeanor punishable by a fine in a sum not less than thirty
dollars ($30) nor more than five hundred dollars ($500), or by
imprisonment  in a county jail  for not less than 15 nor
more than 180 days, or by both.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 43.  Section 11374.5 of the Health and Safety Code is amended
to read:
   11374.5.  (a) Any manufacturer of a controlled substance who
disposes of any hazardous substance that is a controlled substance or
a chemical used in, or is a byproduct of, the manufacture of a
controlled substance in violation of any law regulating the disposal
of hazardous substances or hazardous waste is guilty of a public
offense punishable by imprisonment in the state prison for two,
three, or four years or in the county jail not exceeding one year.
   (b) (1) In addition to any other penalty or liability imposed by
law, a person who is convicted of violating subdivision (a), or any
person who is convicted of the manufacture, sale, possession for
sale, possession, transportation, or disposal of any hazardous
substance that is a controlled substance or a chemical used in, or is
a byproduct of, the manufacture of a controlled substance in
violation of any law, shall pay a penalty equal to the amount of the
actual cost incurred by the state or local agency to remove and
dispose of the hazardous substance that is a controlled substance or
a chemical used in, or is a byproduct of, the manufacture of a
controlled substance and to take removal action with respect to any
release of the hazardous substance or any items or materials
contaminated by that release, if the state or local agency requests
the prosecuting authority to seek recovery of that cost. The court
shall transmit all penalties collected pursuant to this subdivision
to the county treasurer of the county in which the court is located
for deposit in a special account in the county treasury. The county
treasurer shall pay that money at least once a month to the agency
that requested recovery of the cost for the removal action. The
county may retain up to 5 percent of any assessed penalty for
appropriate and reasonable administrative costs attributable to the
collection and disbursement of the penalty.
   (2) If the Department of Toxic Substances Control has requested
recovery of the cost of removing the hazardous substance that is a
controlled substance or a chemical used in, or is a byproduct of, the
manufacture of a controlled substance or taking removal action with
respect to any release of the hazardous substance, the county
treasurer shall transfer funds in the amount of the penalty collected
to the Treasurer, who shall deposit the money in the Illegal Drug
Lab Cleanup Account, which is hereby created in the General Fund in
the State Treasury. The Department of Toxic Substances Control may
expend the money in the Illegal Drug Lab Cleanup Account, upon
appropriation by the Legislature, to cover the cost of taking removal
actions pursuant to Section 25354.5.
   (3) If a local agency and the Department of Toxic Substances
Control have both requested recovery of removal costs with respect to
a hazardous substance that is a controlled substance or a chemical
used in, or is a byproduct of, the manufacture of a controlled
substance, the county treasurer shall apportion any penalty collected
among the agencies involved in proportion to the costs incurred.
   (c)  Alternatively, on or after the operative date of an
applicable rule or rules proposed by the California Sentencing
Commission, a person who violates this section shall be punished as
provided in the applicable sentencing rules.
   (d) As used in this section the following terms have the following
meaning:
   (1) "Dispose" means to abandon, deposit, intern, or otherwise
discard as a final action after use has been achieved or a use is no
longer intended.
   (2) "Hazardous substance" has the same meaning as defined in
Section 25316.
   (3) "Hazardous waste" has the same meaning as defined in Section
25117.
   (4) For purposes of this section, "remove" or "removal" has the
same meaning as set forth in Section 25323.
  SEC. 44.  Section 11375 of the Health and Safety Code, as amended
by Section 2 of Chapter 838 of the Statutes of 2001, is amended to
read:
   11375.  (a) As to the substances specified in subdivision (d),
this section, and not Sections 11377, 11378, 11379, and 11380, shall
apply.
   (b) (1) Every person who possesses for sale, or who sells, any
substance specified in subdivision (d) shall be punished by
imprisonment in the county jail for a period of not more than one
year or state prison.
   (2) Every person who possesses any controlled substance specified
in subdivision (d), unless upon the prescription of a physician,
dentist, podiatrist, or veterinarian, licensed to practice in this
state, shall be guilty of an infraction or a misdemeanor.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (d) This section shall apply to any material, compound, mixture,
or preparation containing any of the following substances:
   (1) Chlordiazepoxide.
   (2) Clonazepam.
   (3) Clorazepate.
   (4) Diazepam.
   (5) Flurazepam.
   (6) Lorazepam.
   (7) Mebutamate.
   (8) Oxazepam.
   (9) Prazepam.
   (10) Temazepam.
   (11) Halazepam.
   (12) Alprazolam.
   (13) Propoxyphene.
   (14) Diethylpropion.
   (15) Phentermine.
   (16) Pemoline.
   (17) Fenfluramine.
   (18) Triazolam.
  SEC. 45.  Section 11375 of the Health and Safety Code, as amended
by Section 1 of Chapter 838 of the Statutes of 2001, is amended to
read:
   11375.  (a) As to the substances specified in subdivision (d),
this section, and not Sections 11377, 11378, 11379, and 11380, shall
apply.
   (b) (1) Every person who possesses for sale, or who sells, any
substance specified in subdivision (d) shall be punished by
imprisonment in the county jail for a period of not more than one
year or state prison.
   (2) Every person who possesses any controlled substance specified
in subdivision (d), unless upon the prescription of a physician,
dentist, podiatrist, or veterinarian, licensed to practice in this
state, shall be guilty of an infraction or a misdemeanor.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (d) This section shall apply to any material, compound, mixture,
or preparation containing any of the following substances:
   (1) Chlordiazepoxide.
   (2) Clonazepam.
   (3) Clorazepate.
   (4) Diazepam.
   (5) Flurazepam.
   (6) Lorazepam.
   (7) Mebutamate.
   (8) Oxazepam.
   (9) Prazepam.
   (10) Temazepam.
   (11) Halazepam.
   (12) Alprazolam.
   (13) Propoxyphene.
   (14) Diethylpropion.
   (15) Phentermine.
   (16) Pemoline.
   (17) Triazolam.
  SEC. 46.  Section 11377 of the Health and Safety Code is amended to
read:
   11377.  (a) Except as authorized by law and as otherwise provided
in subdivision (b) or Section 11375, or in Article 7 (commencing with
Section 4211) of Chapter 9 of Division 2 of the Business and
Professions Code, every person who possesses any controlled substance
which is (1) classified in Schedule III, IV, or V, and which is not
a narcotic drug, (2) specified in subdivision (d) of Section 11054,
except paragraphs (13), (14), (15), and (20) of subdivision (d), (3)
specified in paragraph (11) of subdivision (c) of Section 11056, (4)
specified in paragraph (2) or (3) of subdivision (f) of Section
11054, or (5) specified in subdivision (d), (e), or (f) of Section
11055, unless upon the prescription of a physician, dentist,
podiatrist, or veterinarian, licensed to practice in this state,
shall be punished by imprisonment in a county jail for a period of
not more than one year or in the state prison.
   (b) (1) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in subdivision (f) of
Section 11056, and who has not previously been convicted of a
violation involving a controlled substance specified in subdivision
(f) of Section 11056, is guilty of a misdemeanor.
   (2) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in subdivision (g) of
Section 11056 is guilty of a misdemeanor.
   (c) In addition to any fine assessed under subdivision (b), the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates subdivision (a), with the proceeds of this
fine to be used in accordance with Section 1463.23 of the Penal Code.
The court shall, however, take into consideration the defendant's
ability to pay, and no defendant shall be denied probation because of
his or her inability to pay the fine
             permitted under this subdivision.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 47.  Section 11378 of the Health and Safety Code is amended to
read:
   11378.  (a) Except as otherwise provided in Article 7 (commencing
with Section 4211) of Chapter 9 of Division 2 of the Business and
Professions Code, every person who possesses for sale any controlled
substance which is (1) classified in Schedule III, IV, or V and which
is not a narcotic drug, except subdivision (g) of Section 11056, (2)
specified in subdivision (d) of Section 11054, except paragraphs
(13), (14), (15), (20), (21), (22), and (23) of subdivision (d), (3)
specified in paragraph (11) of subdivision (c) of Section 11056, (4)
specified in paragraph (2) or (3) of subdivision (f) of Section
11054, or (5) specified in subdivision (d), (e), or (f), except
paragraph (3) of subdivision (e) and subparagraphs (A) and (B) of
paragraph (2) of subdivision (f), of Section 11055, shall be punished
by imprisonment in the state prison.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 48.  Section 11378.5 of the Health and Safety Code is amended
to read:
   11378.5.  (a) Except as otherwise provided in Article 7
(commencing with Section 4211) of Chapter 9 of Division 2 of the
Business and Professions Code, every person who possesses for sale
phencyclidine or any analog or any precursor of phencyclidine which
is specified in paragraph (21), (22), or (23) of subdivision (d) of
Section 11054 or in paragraph (3) of subdivision (e) or in
subdivision (f), except subparagraph (A) of paragraph (1) of
subdivision (f), of Section 11055, shall be punished by imprisonment
in the state prison for a period of three, four, or five years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 49.  Section 11379 of the Health and Safety Code is amended to
read:
   11379.  (a) Except as otherwise provided in subdivision (b) and in
Article 7 (commencing with Section 4211) of Chapter 9 of Division 2
of the Business and Professions Code, every person who transports,
imports into this state, sells, furnishes, administers, or gives
away, or offers to transport, import into this state, sell, furnish,
administer, or give away, or attempts to import into this state or
transport any controlled substance which is (1) classified in
Schedule III, IV, or V and which is not a narcotic drug, except
subdivision (g) of Section 11056, (2) specified in subdivision (d) of
Section 11054, except paragraphs (13), (14), (15), (20), (21), (22),
and (23) of subdivision (d), (3) specified in paragraph (11) of
subdivision (c) of Section 11056, (4) specified in paragraph (2) or
(3) of subdivision (f) of Section 11054, or (5) specified in
subdivision (d) or (e), except paragraph (3) of subdivision (e), or
specified in subparagraph (A) of paragraph (1) of subdivision (f), of
Section 11055, unless upon the prescription of a physician, dentist,
podiatrist, or veterinarian, licensed to practice in this state,
shall be punished by imprisonment in the state prison for a period of
two, three, or four years.
   (b) Notwithstanding the penalty provisions of subdivision (a), any
person who transports for sale any controlled substances specified
in subdivision (a) within this state from one county to another
noncontiguous county shall be punished by imprisonment in the state
prison for three, six, or nine years.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 50.  Section 11379.2 of the Health and Safety Code is amended
to read:
   11379.2.  (a) Except as otherwise provided in Article 7
(commencing with Section 4211) of Chapter 9 of Division 2 of the
Business and Professions Code, every person who possesses for sale or
sells any controlled substance specified in subdivision (g) of
Section 11056 shall be punished by imprisonment in the county jail
for a period of not more than one year or in the state prison.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 51.  Section 11379.5 of the Health and Safety Code is amended
to read:
   11379.5.  (a) Except as otherwise provided in subdivision (b) and
in Article 7 (commencing with Section 4211) of Chapter 9 of Division
2 of the Business and Professions Code, every person who transports,
imports into this state, sells, furnishes, administers, or gives
away, or offers to transport, import into this state, sell, furnish,
administer, or give away, or attempts to import into this state or
transport phencyclidine or any of its analogs which is specified in
paragraph (21), (22), or (23) of subdivision (d) of Section 11054 or
in paragraph (3) of subdivision (e) of Section 11055, or its
precursors as specified in subparagraph (A) or (B) of paragraph (2)
of subdivision (f) of Section 11055, unless upon the prescription of
a physician, dentist, podiatrist, or veterinarian licensed to
practice in this state, shall be punished by imprisonment in the
state prison for a period of three, four, or five years.
   (b) Notwithstanding the penalty provisions of subdivision (a), any
person who transports for sale any controlled substances specified
in subdivision (a) within this state from one county to another
noncontiguous county shall be punished by imprisonment in the state
prison for three, six, or nine years.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 52.  Section 11379.6 of the Health and Safety Code is amended
to read:
   11379.6.  (a) Except as otherwise provided by law, every person
who manufactures, compounds, converts, produces, derives, processes,
or prepares, either directly or indirectly by chemical extraction or
independently by means of chemical synthesis, any controlled
substance specified in Section 11054, 11055, 11056, 11057, or 11058
shall be punished by imprisonment in the state prison for three,
five, or seven years and by a fine not exceeding fifty thousand
dollars ($50,000).
   (b) Except when an enhancement pursuant to Section 11379.7 is pled
and proved, the fact that a person under 16 years of age resided in
a structure in which a violation of this section involving
methamphetamine occurred shall be considered a factor in aggravation
by the sentencing court.
   (c) Except as otherwise provided by law, every person who offers
to perform an act which is punishable under subdivision (a) shall be
punished by imprisonment in the state prison for three, four, or five
years.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (e) All fines collected pursuant to subdivision (a) shall be
transferred to the State Treasury for deposit in the Clandestine Drug
Lab Clean-up Account, as established by Section 5 of Chapter 1295 of
the Statutes of 1987. The transmission to the State Treasury shall
be carried out in the same manner as fines collected for the state by
the county.
  SEC. 53.  Section 11379.7 of the Health and Safety Code is amended
to read:
   11379.7.  (a) Except as provided in subdivision (b), any person
convicted of a violation of subdivision (a) of Section 11379.6 or
Section 11383, or of an attempt to violate subdivision (a) of Section
11379.6 or Section 11383, as those sections relate to
methamphetamine or phencyclidine, when the commission or attempted
commission of the crime occurs in a structure where any child under
16 years of age is present, shall, in addition and consecutive to the
punishment prescribed for the felony of which he or she has been
convicted, be punished by an additional term of two years in the
state prison.
   (b) Any person convicted of a violation of subdivision (a) of
Section 11379.6 or Section 11383, or of an attempt to violate
subdivision (a) of Section 11379.6 or Section 11383, as those
sections relate to methamphetamine or phencyclidine, where the
commission of the crime causes any child under 16 years of age to
suffer great bodily injury, shall, in addition and consecutive to the
punishment prescribed for the felony of which he or she has been
convicted, be punished by an additional term of five years in the
state prison.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (d) As used in this section, "structure" means any house,
apartment building, shop, warehouse, barn, building, vessel, railroad
car, cargo container, motor vehicle, housecar, trailer, trailer
coach, camper, mine, floating home, or other enclosed structure
capable of holding a child and manufacturing equipment.
   (e) As used in this section, "great bodily injury" has the same
meaning as defined in Section 12022.7 of the Penal Code.
  SEC. 54.  Section 11379.8 of the Health and Safety Code is amended
to read:
   11379.8.  (a) Any person convicted of a violation of subdivision
(a) of Section 11379.6, or of a conspiracy to violate subdivision (a)
of Section 11379.6, with respect to any substance containing a
controlled substance which is specified in paragraph (21), (22), or
(23) of subdivision (d) of Section 11054, or in paragraph (1) or (2)
of subdivision (d) or in paragraph (3) of subdivision (e) or in
paragraph (2) of subdivision (f) of Section 11055 shall receive an
additional term as follows:
   (1) Where the substance exceeds three gallons of liquid by volume
or one pound of solid substances by weight, the person shall receive
an additional term of three years.
   (2) Where the substance exceeds 10 gallons of liquid by volume or
three pounds of solid substance by weight, the person shall receive
an additional term of five years.
   (3) Where the substance exceeds 25 gallons of liquid by volume or
10 pounds of solid substance by weight, the person shall receive an
additional term of 10 years.
   (4) Where the substance exceeds 105 gallons of liquid by volume or
44 pounds of solid substance by weight, the person shall receive an
additional term of 15 years.
   In computing the quantities involved in this subdivision, plant or
vegetable material seized shall not be included.
   (b) The additional terms provided in this section shall not be
imposed unless the allegation that the controlled substance exceeds
the amounts provided in this section is charged in the accusatory
pleading and admitted or found to be true by the trier of fact.
   (c) The additional terms provided in this section shall be in
addition to any other punishment provided by law.
   (d) Notwithstanding any other provision of law, the court may
strike the additional punishment for the enhancements provided in
this section if it determines that there are circumstances in
mitigation of the additional punishment and states on the record its
reasons for striking the additional punishment.
   (e) The conspiracy enhancements provided for in this section shall
not be imposed unless the trier of fact finds that the defendant
conspirator was substantially involved in the direction or
supervision of, or in a significant portion of the financing of, the
underlying offense.
   (f) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 55.  Section 11379.9 of the Health and Safety Code is amended
to read:
   11379.9.  (a) Except as provided by Section 11379.7, any person
convicted of a violation of, or of an attempt to violate, subdivision
(a) of Section 11379.6 or Section 11383, as those sections relate to
methamphetamine or phencyclidine, when the commission or attempted
commission of the offense causes the death or great bodily injury of
another person other than an accomplice, shall, in addition and
consecutive to any other punishment authorized by law, be punished by
an additional term of one year in the state prison for each death or
injury.
   (b) Nothing in this section shall preclude prosecution under both
this section and Section 187, 192, or 12022.7, or any other provision
of law. However, a person who is punished under another provision of
law for causing death or great bodily injury as described in
subdivision (a) shall not receive an additional term of imprisonment
under this section.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 56.  Section 11380 of the Health and Safety Code is amended to
read:
   11380.  (a) Every person 18 years of age or over who violates any
provision of this chapter involving controlled substances which are
(1) classified in Schedule III, IV, or V and which are not narcotic
drugs or (2) specified in subdivision (d) of Section 11054, except
paragraphs (13), (14), (15), and (20) of subdivision (d), specified
in paragraph (11) of subdivision (c) of Section 11056, specified in
paragraph (2) or (3)  or   of  subdivision
(f) of Section 11054, or specified in subdivision (d), (e), or (f) of
Section 11055, by the use of a minor as agent, who solicits,
induces, encourages, or intimidates any minor with the intent that
the minor shall violate any provision of this article involving those
controlled substances or who unlawfully furnishes, offers to
furnish, or attempts to furnish those controlled substances to a
minor shall be punished by imprisonment in the state prison for a
period of three, six, or nine years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) Nothing in this section applies to a registered pharmacist
furnishing controlled substances pursuant to a prescription.
  SEC. 57.  Section 11380.1 of the Health and Safety Code is amended
to read:
   11380.1.  (a) Notwithstanding any other provision of law, any
person 18 years of age or over who is convicted of a violation of
Section 11380, in addition to the punishment imposed for that
conviction, shall receive an additional punishment as follows:
   (1) If the offense involved phencyclidine (PCP), methamphetamine,
lysergic acid diethylamide (LSD), or any analog of these substances
and occurred upon the grounds of, or within, a church or synagogue, a
playground, a public or private youth center, a child day care
facility, or a public swimming pool, during hours in which the
facility is open for business, classes, or school-related programs,
or at any time when minors are using the facility, the defendant
shall, as a full and separately served enhancement to any other
enhancement provided in paragraph (3), be punished by imprisonment in
the state prison for one year.
   (2) If the offense involved phencyclidine (PCP), methamphetamine,
lysergic acid diethylamide (LSD), or any analog of these substances
and occurred upon, or within 1,000 feet of, the grounds of any public
or private elementary, vocational, junior high school, or high
school, during hours that the school is open for classes or
school-related programs, or at any time when minors are using the
facility where the offense occurs, the defendant shall, as a full and
separately served enhancement to any other enhancement provided in
paragraph (3), be punished by imprisonment in the state prison for
two years.
   (3) If the offense involved a minor who is at least four years
younger than the defendant, the defendant shall, as a full and
separately served enhancement to any other enhancement provided in
this subdivision, be punished by imprisonment in the state prison for
one, two, or three years, at the discretion of the court.
   (b) The additional punishment provided in this section shall not
be imposed unless the allegation is charged in the accusatory
pleading and admitted by the defendant or found to be true by the
trier of fact.
   (c) The additional punishment provided in this section shall be in
addition to any other punishment provided by law and shall not be
limited by any other provision of law.
   (d) Notwithstanding any other provision of law, the court may
strike the additional punishment provided for in this section if it
determines that there are circumstances in mitigation of the
additional punishment and states on the record its reasons for
striking the additional punishment.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (f) The definitions contained in subdivision (e) of Section
11353.1 shall apply to this section.
   (g) This section does not require either that notice be posted
regarding the proscribed conduct or that the applicable 1,000-foot
boundary limit be marked.
  SEC. 58.  Section 11380.7 of the Health and Safety Code is amended
to read:
   11380.7.  (a) Notwithstanding any other provision of law, any
person who is convicted of trafficking in heroin, cocaine, cocaine
base, methamphetamine, or phencyclidine (PCP), or of a conspiracy to
commit trafficking in heroin, cocaine, cocaine base, methamphetamine,
or phencyclidine (PCP), in addition to the punishment imposed for
the conviction, shall be imprisoned in the state prison for an
additional one year if the violation occurred upon the grounds of, or
within 1,000 feet of, a drug treatment center, detoxification
facility, or homeless shelter.
   (b) (1) The additional punishment provided in this section shall
not be imposed unless the allegation is charged in the accusatory
pleading and admitted by the defendant or found to be true by the
trier of fact.
   (2) The additional punishment provided in this section shall not
be imposed if any other additional punishment is imposed pursuant to
Section 11353.1, 11353.5, 11353.6, 11353.7, or 11380.1.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (d) Notwithstanding any other provision of law, the court may
strike the additional punishment provided for in this section if it
determines that there are circumstances in mitigation of the
additional punishment and states on the record its reasons for
striking the additional punishment. In determining whether or not to
strike the additional punishment, the court shall consider the
following factors and any relevant factors in aggravation or
mitigation in Rules 4.421 and 4.423 of the California Rules of Court.

   (1) The following factors indicate that the court should exercise
its discretion to strike the additional punishment unless these
factors are outweighed by factors in aggravation:
   (A) The defendant is homeless, or is in a homeless shelter or
transitional housing.
   (B) The defendant lacks resources for the necessities of life.
   (C) The defendant is addicted to or dependent on controlled
substances.
   (D) The defendant's motive was merely to maintain a steady supply
of drugs for personal use.
   (E) The defendant was recruited or exploited by a more culpable
person to commit the crime.
   (2) The following factors indicate that the court should not
exercise discretion to strike the additional punishment unless these
factors are outweighed by factors in mitigation:
   (A) The defendant, in committing the crime, preyed on homeless
persons, drug addicts or substance abusers who were seeking
treatment, shelter or transitional services.
   (B) The defendant's primary motive was monetary compensation.
   (C) The defendant induced others, particularly homeless persons,
drug addicts and substance abusers, to become involved in
trafficking.
   (e) For the purposes of this section, the following terms have the
following meanings:
   (1) "Detoxification facility" means any premises, place, or
building in which 24-hour residential nonmedical services are
provided to adults who are recovering from problems related to
alcohol, drug, or alcohol and drug misuse or abuse, and who need
alcohol, drug, or alcohol and drug recovery treatment or
detoxification services.
   (2) "Drug treatment program" or "drug treatment" has the same
meaning set forth in subdivision (b) of Section 1210 of the Penal
Code.
   (3) "Homeless shelter" includes, but is not limited to, emergency
shelter housing, as well as transitional housing, but does not
include domestic violence shelters. "Emergency shelter housing" is
housing with minimal support services for homeless persons in which
residency is limited to six months or less and is not related to the
person's ability to pay. "Transitional housing" means housing with
supportive services, including self-sufficiency development services,
which is exclusively designed and targeted to help recently homeless
persons find permanent housing as soon as reasonably possible,
limits residency to 24 months, and in which rent and service fees are
based on ability to pay.
   (4) "Trafficking" means any of the unlawful activities specified
in Sections 11351, 11351.5, 11352, 11353, 11354, 11378, 11379,
11379.6, and 11380. It does not include simple possession or drug
use.
  SEC. 59.  Section 11382 of the Health and Safety Code is amended to
read:
   11382.  (a) Every person who agrees, consents, or in any manner
offers to unlawfully sell, furnish, transport, administer, or give
any controlled substance which is (1) classified in Schedule III, IV,
or V and which is not a narcotic drug, or (2) specified in
subdivision (d) of Section 11054, except paragraphs (13), (14), (15),
and (20) of subdivision (d), specified in paragraph (11) of
subdivision (c) of Section 11056, or specified in subdivision (d),
(e), or (f) of Section 11055, to any person, or offers, arranges, or
negotiates to have that controlled substance unlawfully sold,
delivered, transported, furnished, administered, or given to any
person and then sells, delivers, furnishes, transports, administers,
or gives, or offers, or arranges, or negotiates to have sold,
delivered, transported, furnished, administered, or given to any
person any other liquid, substance, or material in lieu of that
controlled substance shall be punished by imprisonment in the county
jail for not more than one year, or in the state prison.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 60.  Section 11383 of the Health and Safety Code is amended to
read:
   11383.  (a) Any person who possesses at the same time any of the
following combinations, a combination product thereof, or possesses
any compound or mixture containing the chemicals listed in the
following combinations, with the intent to manufacture phencyclidine
(PCP) or any of its analogs specified in subdivision (d) of Section
11054 or subdivision (e) of Section 11055, is guilty of a felony and
shall be punished by imprisonment in the state prison for two, four,
or six years:
   (1) Piperidine and cyclohexanone.
   (2) Pyrrolidine and cyclohexanone.
   (3) Morpholine and cyclohexanone.
   (b) Any person who possesses the optical, positional, or geometric
isomer of any of the compounds listed in this section, with the
intent to manufacture these controlled substances is guilty of a
felony and shall be punished by imprisonment in the state prison for
two, four, or six years:
   (1) Phencyclidine (PCP).
   (2) Any analog of PCP specified in subdivision (d) of Section
11054, or in subdivision (e) of Section 11055.
   (c) Any person who possesses any compound or mixture containing
piperidine, cyclohexanone, pyrrolidine, morpholine,
1-phenylcyclohexylamine (PCA), 1-piperidinocyclohexanecarbonitrile
(PCC), or phenylmagnesium bromide (PMB) with the intent to
manufacture phencyclidine, is guilty of a felony and shall be
punished by imprisonment in the state prison for two, four, or six
years.
   (d) Any person who possesses immediate precursors sufficient for
the manufacture of piperidine, cyclohexanone, pyrrolidine,
morpholine, or phenylmagnesium bromide (PMB) with the intent to
manufacture phencyclidine, is guilty of a felony and shall be
punished by imprisonment in the state prison for two, four, or six
years.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (f) This section does not apply to drug manufacturers licensed by
this state or persons authorized by regulation of the Board of
Pharmacy to possess those substances or combinations of substances.
  SEC. 61.  Section 11383.5 of the Health and Safety Code is amended
to read:
   11383.5.  (a) Any person who possesses both methylamine and
phenyl-2-propanone (phenylacetone) at the same time with the intent
to manufacture methamphetamine, or who possesses both ethylamine and
phenyl-2-propanone (phenylacetone) at the same time with the intent
to manufacture N-ethylamphetamine, is guilty of a felony and shall be
punished by imprisonment in the state prison for two, four, or six
years.
   (b) (1) Any person who, with the intent to manufacture
methamphetamine or any of its analogs specified in subdivision (d) of
Section                                           11055, possesses
ephedrine or pseudoephedrine, or any salts, isomers, or salts of
isomers of ephedrine or pseudoephedrine, or who possesses a substance
containing ephedrine or pseudoephedrine, or any salts, isomers, or
salts of isomers of ephedrine or pseudoephedrine, or who possesses at
the same time any of the following, or a combination product
thereof, is guilty of a felony and shall be punished by imprisonment
in the state prison for two, four, or six years:
   (A) Ephedrine, pseudoephedrine, norpseudoephedrine,
N-methylephedrine, N-ethylephedrine, N-methylpseudoephedrine,
N-ethylpseudoephedrine, or phenylpropanolamine, plus hydriodic acid.
   (B) Ephedrine, pseudoephedrine, norpseudoephedrine,
N-methylephedrine, N-ethylephedrine, N-methylpseudoephedrine,
N-ethylpseudoephedrine, or phenylpropanolamine, thionyl chloride and
hydrogen gas.
   (C) Ephedrine, pseudoephedrine, norpseudoephedrine,
N-methylephedrine, N-ethylephedrine, N-methylpseudoephedrine,
N-ethylpseudoephedrine, or phenylpropanolamine, plus phosphorus
pentachloride and hydrogen gas.
   (D) Ephedrine, pseudoephedrine, norpseudoephedrine,
N-methylephedrine, N-ethylephedrine, N-methylpseudoephedrine,
N-ethylpseudoephedrine, chloroephedrine and chloropseudoephedrine, or
phenylpropanolamine, plus any reducing agent.
   (2) Any person who, with the intent to manufacture methamphetamine
or any of its analogs specified in subdivision (d) of Section 11055,
possesses hydriodic acid or a reducing agent or any product
containing hydriodic acid or a reducing agent is guilty of a felony
and shall be punished by imprisonment in the state prison for two,
four, or six years.
   (c) Any person who possesses the optical, positional, or geometric
isomer of any of the compounds listed in this section, with the
intent to manufacture any of the following controlled substances, is
guilty of a felony and shall be punished by imprisonment in the state
prison for two, four, or six years:
   (1) Methamphetamine.
   (2) Any analog of methamphetamine specified in subdivision (d) of
Section 11055.
   (3) N-ethylamphetamine.
   (d) Any person who possesses immediate precursors sufficient for
the manufacture of methylamine, ethylamine, phenyl-2-propanone,
ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine,
N-ethylephedrine, phenylpropanolamine, hydriodic acid or a reducing
agent, thionyl chloride, or phosphorus pentachloride, with the intent
to manufacture methamphetamine, is guilty of a felony and shall be
punished by imprisonment in the state prison for two, four, or six
years.
   (e) Any person who possesses essential chemicals sufficient to
manufacture hydriodic acid or a reducing agent, with the intent to
manufacture methamphetamine, is guilty of a felony and shall be
punished by imprisonment in the state prison for two, four, or six
years.
   (f) Any person who possesses any compound or mixture containing
ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine,
N-ethylephedrine, phenylpropanolamine, hydriodic acid or a reducing
agent, thionyl chloride, or phosphorus pentachloride, with the intent
to manufacture methamphetamine, is guilty of a felony and shall be
punished by imprisonment in the state prison for two, four, or six
years.
   (g) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (h) For purposes of this section, a "reducing agent" for the
purposes of manufacturing methamphetamine means an agent that causes
reduction to occur by either donating a hydrogen atom to an organic
compound or by removing an oxygen atom from an organic compound.
   (i) This section does not apply to drug manufacturers licensed by
this state or persons authorized by regulation of the Board of
Pharmacy to possess those substances or combinations of substances.
  SEC. 62.  Section 11383.6 of the Health and Safety Code is amended
to read:
   11383.6.  (a) Any person who possesses at the same time any of the
following combinations, a combination product thereof, or possesses
any compound or mixture containing the chemicals listed in the
following combinations, with the intent to sell, transfer, or
otherwise furnish those chemicals, combinations, or mixtures to
another person with the knowledge that they will be used to
manufacture phencyclidine (PCP) or any of its analogs specified in
subdivision (d) of Section 11054 or subdivision (e) of Section 11055
is guilty of a felony and shall be punished by imprisonment in the
state prison for 16 months, two, or three years:
   (1) Piperidine and cyclohexanone.
   (2) Pyrrolidine and cyclohexanone.
   (3) Morpholine and cyclohexanone.
   (b) Any person who possesses the optical, positional, or geometric
isomer of any of the compounds listed in this section with the
intent to sell, transfer, or otherwise furnish the isomer to another
person with the knowledge that they will be used to manufacture these
controlled substances is guilty of a felony and shall be punished by
imprisonment in the state prison for 16 months, two, or three years:

   (1) Phencyclidine (PCP).
   (2) Any analog of PCP specified in subdivision (d) of Section
11054, or in subdivision (e) of Section 11055.
   (c) Any person who possesses any compound or mixture containing
piperidine, cyclohexanone, pyrrolidine, morpholine,
1-phenylcyclohexylamine (PCA), 1-piperidinocyclohexanecarbonitrile
(PCC), or phenylmagnesium bromide (PMB) with the intent to sell,
transfer, or otherwise furnish the compound or mixture to another
person with the knowledge that it will be used to manufacture
phencyclidine is guilty of a felony and shall be punished by
imprisonment in the state prison for 16 months, two, or three years.
   (d) Any person who possesses immediate precursors sufficient for
the manufacture of piperidine, cyclohexanone, pyrrolidine,
morpholine, or phenylmagnesium bromide (PMB) with the intent to sell,
transfer or otherwise furnish the immediate precursors to another
person with the knowledge that they will be used to manufacture
phencyclidine is guilty of a felony and shall be punished by
imprisonment in the state prison for 16 months, two, or three years.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (f) This section does not apply to drug manufacturers licensed by
this state or persons authorized by regulation of the Board of
Pharmacy to possess those substances or combinations of substances.
  SEC. 63.  Section 11383.7 of the Health and Safety Code is amended
to read:
   11383.7.  (a) Any person who possesses both methylamine and
phenyl-2-propanone (phenylacetone) at the same time with the intent
to sell, transfer, or otherwise furnish those chemicals to another
person with the knowledge that they will be used to manufacture
methamphetamine, or who possesses both ethylamine and
phenyl-2-propanone (phenylacetone) at the same time with the intent
to sell, transfer, or otherwise furnish those chemicals to another
person with the knowledge that they will be used to manufacture
methamphetamine is guilty of a felony and shall be punished by
imprisonment in the state prison for 16 months, two, or three years.
   (b) (1) Any person who possesses ephedrine or pseudoephedrine, or
any salts, isomers, or salts of isomers of ephedrine or
pseudoephedrine, or who possesses a substance containing ephedrine or
pseudoephedrine, or any salts, isomers, or salts of isomers of
ephedrine or pseudoephedrine, or who possesses at the same time any
of the following, or a combination product thereof, with the intent
to sell, transfer, or otherwise furnish those chemicals, substances,
or products to another person with the knowledge that they will be
used to manufacture methamphetamine or any of its analogs specified
in subdivision (d) of Section 11055 is guilty of a felony and shall
be punished by imprisonment in the state prison for 16 months, two,
or three years:
   (A) Ephedrine, pseudoephedrine, norpseudoephedrine,
N-methylephedrine, N-ethylephedrine, N-methylpseudoephedrine,
N-ethylpseudoephedrine, or phenylpropanolamine, plus hydriodic acid.
   (B) Ephedrine, pseudoephedrine, norpseudoephedrine,
N-methylephedrine, N-ethylephedrine, N-methylpseudoephedrine,
N-ethylpseudoephedrine, or phenylpropanolamine, thionyl chloride and
hydrogen gas.
   (C) Ephedrine, pseudoephedrine, norpseudoephedrine,
N-methylephedrine, N-ethylephedrine, N-methylpseudoephedrine,
N-ethylpseudoephedrine, or phenylpropanolamine, plus phosphorus
pentachloride and hydrogen gas.
   (D) Ephedrine, pseudoephedrine, norpseudoephedrine,
N-methylephedrine, N-ethylephedrine, N-methylpseudoephedrine,
N-ethylpseudoephedrine, chloroephedrine and chloropseudoephedrine, or
phenylpropanolamine, plus any reducing agent.
   (2) Any person who possesses hydriodic acid or a reducing agent or
any product containing hydriodic acid or a reducing agent with the
intent to sell, transfer, or otherwise furnish that chemical,
product, or substance to another person with the knowledge that they
will be used to manufacture methamphetamine or any of its analogs
specified in subdivision (d) of Section 11055 is guilty of a felony
and shall be punished by imprisonment in the state prison for 16
months, two, or three years.
   (c) Any person who possesses the optical, positional, or geometric
isomer of any of the compounds listed in this section with the
intent to sell, transfer, or otherwise furnish any of the compounds
to another person with the knowledge that they will be used to
manufacture these controlled substances is guilty of a felony and
shall be punished by imprisonment in the state prison for 16 months,
two, or three years:
   (1) Methamphetamine.
   (2) Any analog of methamphetamine specified in subdivision (d) of
Section 11055.
   (3) N-ethylamphetamine.
   (d) Any person who possesses immediate precursors sufficient for
the manufacture of methylamine, ethylamine, phenyl-2-propanone,
ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine,
N-ethylephedrine, phenylpropanolamine, hydriodic acid or a reducing
agent, thionyl chloride, or phosphorus pentachloride, with the intent
to sell, transfer, or otherwise furnish these substances to another
person with the knowledge that they will be used to manufacture
methamphetamine is guilty of a felony and shall be punished by
imprisonment in the state prison for 16 months, two, or three years.
   (e) Any person who possesses essential chemicals sufficient to
manufacture hydriodic acid or a reducing agent with the intent to
sell, transfer, or otherwise furnish those chemicals to another
person with the knowledge that they will be used to manufacture
methamphetamine is guilty of a felony and shall be punished by
imprisonment in the state prison for 16 months, two, or three years.
   (f) Any person who possesses any compound or mixture containing
ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine,
N-ethylephedrine, phenylpropanolamine, hydriodic acid or a reducing
agent, thionyl chloride, or phosphorus pentachloride, with the intent
to sell, transfer, or otherwise furnish that compound or mixture to
another person with the knowledge that they will be used to
manufacture methamphetamine is guilty of a felony and shall be
punished by imprisonment in the state prison for 16 months, two, or
three years.
   (g) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (h) For purposes of this section, a "reducing agent" for the
purposes of manufacturing methamphetamine means an agent that causes
reduction to occur by either donating a hydrogen atom to an organic
compound or by removing an oxygen atom from an organic compound.
   (i) This section does not apply to drug manufacturers licensed by
this state or persons authorized by regulation of the Board of
Pharmacy to possess those substances or combinations of substances.
  SEC. 64.  Section 11390 of the Health and Safety Code is amended to
read:
   11390.  (a) Except as otherwise authorized by law, every person
who, with intent to produce a controlled substance specified in
paragraph (18) or (19) of subdivision (d) of Section 11054,
cultivates any spores or mycelium capable of producing mushrooms or
other material which contains such a controlled substance shall be
punished by imprisonment in the county jail for a period of not more
than one year or in the state prison.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 65.  Section 11391 of the Health and Safety Code is amended to
read:
   11391.  (a) Except as otherwise authorized by law, every person
who transports, imports into this state, sells, furnishes, gives
away, or offers to transport, import into this state, sell, furnish,
or give away any spores or mycelium capable of producing mushrooms or
other material which contain a controlled substance specified in
paragraph (18) or (19) of subdivision (d) of Section 11054 for the
purpose of facilitating a violation of Section 11390 shall be
punished by imprisonment in the county jail for a period of not more
than one year or in the state prison.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 66.  Section 11536 of the Health and Safety Code is amended to
read:
   11536.  A violation of any provision of this chapter is a
misdemeanor or, on or after the operative date of an applicable rule
or rules proposed by the California Sentencing Commission, a
violation shall be punished as provided in the applicable sentencing
rules.
  SEC. 67.  Section 11550 of the Health and Safety Code is amended to
read:
   11550.  (a) No person shall use, or be under the influence of any
controlled substance which is (1) specified in subdivision (b), (c),
or (e), or paragraph (1) of subdivision (f) of Section 11054,
specified in paragraph (14), (15), (21), (22), or (23) of subdivision
(d) of Section 11054, specified in subdivision (b) or (c) of Section
11055, or specified in paragraph (1) or (2) of subdivision (d) or in
paragraph (3) of subdivision (e) of Section 11055, or (2) a narcotic
drug classified in Schedule III, IV, or V, except when administered
by or under the direction of a person licensed by the state to
dispense, prescribe, or administer controlled substances. It shall be
the burden of the defense to show that it comes within the
exception. Any person convicted of violating this subdivision is
guilty of a misdemeanor and shall be sentenced to serve a term of not
less than 90 days or more than one year in a county jail. The court
may place a person convicted under this subdivision on probation for
a period not to exceed five years and, except as provided in
subdivision (c), shall in all cases in which probation is granted
require, as a condition thereof, that the person be confined in a
county jail for at least 90 days. Other than as provided by
subdivision (c), in no event shall the court have the power to
absolve a person who violates this subdivision from the obligation of
spending at least 90 days in confinement in a county jail.
   (b) Any person who (1) is convicted of violating subdivision (a)
when the offense occurred within seven years of that person being
convicted of two or more separate violations of that subdivision, and
(2) refuses to complete a licensed drug rehabilitation program
offered by the court pursuant to subdivision (c), shall be punished
by imprisonment in a county jail for not less than 180 days nor more
than one year. In no event does the court have the power to absolve a
person convicted of a violation of subdivision (a) that is
punishable under this subdivision from the obligation of spending at
least 180 days in confinement in a county jail unless there are no
licensed drug rehabilitation programs reasonably available.
   For the purpose of this section, a drug rehabilitation program
shall not be considered reasonably available unless the person is
required to pay no more than the court determines that he or she is
reasonably able to pay, in order to participate in the program.
   (c) The court may, when it would be in the interest of justice,
permit any person convicted of a violation of subdivision (a)
punishable under subdivision (a) or (b) to complete a licensed drug
rehabilitation program in lieu of part or all of the imprisonment in
the county jail. As a condition of sentencing, the court may require
the offender to pay all or a portion of the drug rehabilitation
program.
   In order to alleviate jail overcrowding and to provide recidivist
offenders with a reasonable opportunity to seek rehabilitation
pursuant to this subdivision, counties are encouraged to include
provisions to augment licensed drug rehabilitation programs in their
substance abuse proposals and applications submitted to the state for
federal and state drug abuse funds.
   (d) In addition to any fine assessed under this section, the judge
may assess a fine not to exceed seventy dollars ($70) against any
person who violates this section, with the proceeds of this fine to
be used in accordance with Section 1463.23 of the Penal Code. The
court shall, however, take into consideration the defendant's ability
to pay, and no defendant shall be denied probation because of his or
her inability to pay the fine permitted under this subdivision.
   (e) Notwithstanding subdivisions (a) and (b) or any other
provision of law, any person who is unlawfully under the influence of
cocaine, cocaine base, heroin, methamphetamine, or phencyclidine
while in the immediate personal possession of a loaded, operable
firearm is guilty of a public offense punishable by imprisonment in a
county jail for not exceeding one year or in state prison.
   As used in this subdivision "immediate personal possession"
includes, but is not limited to, the interior passenger compartment
of a motor vehicle.
   (f) Every person who violates subdivision (e) is punishable upon
the second and each subsequent conviction by imprisonment in the
state prison for two, three, or four years.
   (g) Nothing in this section prevents deferred entry of judgment or
a defendant's participation in a preguilty plea drug court program
under Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2
of the Penal Code unless the person is charged with violating
subdivision (b) or (c) of Section 243 of the Penal Code. A person
charged with violating this section by being under the influence of
any controlled substance which is specified in paragraph (21), (22),
or (23) of subdivision (d) of Section 11054 or in paragraph (3) of
subdivision (e) of Section 11055 and with violating either
subdivision (b) or (c) of Section 243 of the Penal Code or with a
violation of subdivision (e) shall be ineligible for deferred entry
of judgment or a preguilty plea drug court program.
   (h) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 68.  Section 18 of the Penal Code is amended to read:
   18.  (a) Except in cases where a different punishment is
prescribed by any law of this state, every offense declared to be a
felony, or to be punishable by imprisonment in a state prison, is
punishable by imprisonment in any of the state prisons for 16 months,
or two or three years; provided, however, every offense which is
prescribed by any law of the state to be a felony punishable by
imprisonment in any of the state prisons or by a fine, but without an
alternate sentence to the county jail, may be punishable by
imprisonment in the county jail not exceeding one year or by a fine,
or by both.
   (b) Notwithstanding the foregoing, on or after the operative date
of a rule or rules proposed by the California Sentencing Commission
applicable to a particular felony, that felony is punishable as
provided in the applicable sentencing rules.
  SEC. 69.  Section 19 of the Penal Code is amended to read:
   19.  (a) Except in cases where a different punishment is
prescribed by any law of this state, every offense declared to be a
misdemeanor is punishable by imprisonment in the county jail not
exceeding six months, or by fine not exceeding one thousand dollars
($1,000), or by both.
   (b) Notwithstanding the foregoing, on or after the operative date
of a rule or rules proposed by the California Sentencing Commission
applicable to a particular felony, that felony is punishable as
provided in the applicable sentencing rules.
  SEC. 70.  Section 126 of the Penal Code is amended to read:
   126.  Perjury is punishable by imprisonment in the state prison
for two, three or four years or, on or after the operative date of an
applicable rule or rules proposed by the California Sentencing
Commission, is punishable as provided in the applicable sentencing
rules.
  SEC. 71.  Section 186.10 of the Penal Code is amended to read:
   186.10.  (a) Any person who conducts or attempts to conduct a
transaction or more than one transaction within a seven-day period
involving a monetary instrument or instruments of a total value
exceeding five thousand dollars ($5,000), or a total value exceeding
twenty-five thousand dollars ($25,000) within a 30-day period,
through one or more financial institutions (1) with the specific
intent to promote, manage, establish, carry on, or facilitate the
promotion, management, establishment, or carrying on of any criminal
activity, or (2) knowing that the monetary instrument represents the
proceeds of, or is derived directly or indirectly from the proceeds
of, criminal activity, is guilty of the crime of money laundering.
The aggregation periods do not create an obligation for financial
institutions to record, report, create, or implement tracking systems
or otherwise monitor transactions involving monetary instruments in
any time period. In consideration of the constitutional right to
counsel afforded by the Sixth Amendment to the United States
Constitution and Section 15 of Article I of the California
Constitution, when a case involves an attorney who accepts a fee for
representing a client in a criminal investigation or proceeding, the
prosecution shall additionally be required to prove that the monetary
instrument was accepted by the attorney with the intent to disguise
or aid in disguising the source of the funds or the nature of the
criminal activity.
   A violation of this section shall be punished by imprisonment in a
county jail for not more than one year or in the state prison, by a
fine of not more than two hundred fifty thousand dollars ($250,000)
or twice the value of the property transacted, whichever is greater,
or by both that imprisonment and fine. However, for a second or
subsequent conviction for a violation of this section, the maximum
fine that may be imposed is five hundred thousand dollars ($500,000)
or five times the value of the property transacted, whichever is
greater.
   (b) Notwithstanding any other law, for purposes of this section,
each individual transaction conducted in excess of five thousand
dollars ($5,000), each series of transactions conducted within a
seven-day period that total in excess of five thousand dollars
($5,000), or each series of transactions conducted within a 30-day
period that total in excess of twenty-five thousand dollars
($25,000), shall constitute a separate, punishable offense.
   (c) (1) Any person who is punished under subdivision (a) by
imprisonment in the state prison shall also be subject to an
additional term of imprisonment in the state prison as follows:
   (A) If the value of the transaction or transactions exceeds fifty
thousand dollars ($50,000) but is less than one hundred fifty
thousand dollars ($150,000), the court, in addition to and
consecutive to the felony punishment otherwise imposed pursuant to
this section, shall impose an additional term of imprisonment of one
year.
   (B) If the value of the transaction or transactions exceeds one
hundred fifty thousand dollars ($150,000) but is less than one
million dollars ($1,000,000), the court, in addition to and
consecutive to the felony punishment otherwise imposed pursuant to
this section, shall impose an additional term of imprisonment of two
years.
   (C) If the value of the transaction or transactions exceeds one
million dollars ($1,000,000), but is less than two million five
hundred thousand dollars ($2,500,000), the court, in addition to and
consecutive to the felony punishment otherwise imposed pursuant to
this section, shall impose an additional term of imprisonment of
three years.
   (D) If the value of the transaction or transactions exceeds two
million five hundred thousand dollars ($2,500,000), the court, in
addition to and consecutive to the felony punishment otherwise
prescribed by this section, shall impose an additional term of
imprisonment of four years.
   (2) (A) An additional term of imprisonment as provided for in this
subdivision shall not be imposed unless the facts of a transaction
or transactions, or attempted transaction or transactions, of a value
described in paragraph (1), are charged in the accusatory pleading,
and are either admitted to by the defendant or are found to be true
by the trier of fact.
   (B) An additional term of imprisonment as provided for in this
subdivision may be imposed with respect to an accusatory pleading
charging multiple violations of this section, regardless of whether
any single violation charged in that pleading involves a transaction
or attempted transaction of a value covered by paragraph (1), if the
violations charged in that pleading arise from a common scheme or
plan and the aggregate value of the alleged transactions or attempted
transactions is of a value covered by paragraph (1).
   (d) All pleadings under this section shall remain subject to the
rules of joinder and severance stated in Section 954.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided
                                       in the applicable sentencing
rules.
  SEC. 72.  Section 186.11 of the Penal Code is amended to read:
   186.11.  (a) (1) Any person who commits two or more related
felonies, a material element of which is fraud or embezzlement, which
involve a pattern of related felony conduct, and the pattern of
related felony conduct involves the taking of more than one hundred
thousand dollars ($100,000), shall be punished, upon conviction of
two or more felonies in a single criminal proceeding, in addition and
consecutive to the punishment prescribed for the felony offenses of
which he or she has been convicted, by an additional term of
imprisonment in the state prison as specified in paragraph (2) or
(3). This enhancement shall be known as the aggravated white collar
crime enhancement. The aggravated white collar crime enhancement
shall only be imposed once in a single criminal proceeding. For
purposes of this section, "pattern of related felony conduct" means
engaging in at least two felonies that have the same or similar
purpose, result, principals, victims, or methods of commission, or
are otherwise interrelated by distinguishing characteristics, and
that are not isolated events. For purposes of this section, "two or
more related felonies" means felonies committed against two or more
separate victims, or against the same victim on two or more separate
occasions.
   (2) If the pattern of related felony conduct involves the taking
of more than five hundred thousand dollars ($500,000), the additional
term of punishment shall be two, three, or five years in the state
prison.
   (3) If the pattern of related felony conduct involves the taking
of more than one hundred thousand dollars ($100,000), but not more
than five hundred thousand dollars ($500,000), the additional term of
punishment shall be the term specified in paragraph (1) or (2) of
subdivision (a) of Section 12022.6.
   (b) (1) The additional prison term and penalties provided for in
subdivisions (a), (c), and (d) shall not be imposed unless the facts
set forth in subdivision (a) are charged in the accusatory pleading
and admitted or found to be true by the trier of fact.
   (2) The additional prison term provided in paragraph (2) of
subdivision (a) shall be in addition to any other punishment provided
by law, including Section 12022.6, and shall not be limited by any
other provision of law.
   (c) Any person convicted of two or more felonies, as specified in
subdivision (a), shall also be liable for a fine not to exceed five
hundred thousand dollars ($500,000) or double the value of the
taking, whichever is greater, if the existence of facts that would
make the person subject to the aggravated white collar crime
enhancement have been admitted or found to be true by the trier of
fact. However, if the pattern of related felony conduct involves the
taking of more than one hundred thousand dollars ($100,000), but not
more than five hundred thousand dollars ($500,000), the fine shall
not exceed one hundred thousand dollars ($100,000) or double the
value of the taking, whichever is greater.
   (d) Any person convicted of two or more felonies, as specified in
subdivision (a), shall be liable for the costs of restitution to
victims of the pattern of fraudulent or unlawful conduct, if the
existence of facts that would make the person subject to the
aggravated white collar crime enhancement have been admitted or found
to be true by the trier of fact.
   (e) (1) If a person is alleged to have committed two or more
felonies, as specified in subdivision (a), and the aggravated white
collar crime enhancement is also charged, any asset or property that
is in the control of that person, and any asset or property that has
been transferred by that person to a third party, subsequent to the
commission of any criminal act alleged pursuant to subdivision (a),
other than in a bona fide purchase, whether found within or outside
the state, may be preserved by the superior court in order to pay
restitution and fines imposed pursuant to this section. Upon
conviction of two or more felonies, as specified in subdivision (a),
this property may be levied upon by the superior court to pay
restitution and fines imposed pursuant to this section if the
existence of facts that would make the person subject to the
aggravated white collar crime enhancement have been admitted or found
to be true by the trier of fact.
   (2) To prevent dissipation or secreting of assets or property, the
prosecuting agency may, at the same time as or subsequent to the
filing of a complaint or indictment charging two or more felonies, as
specified in subdivision (a), and the enhancement specified in
subdivision (a), file a petition with the criminal division of the
superior court of the county in which the accusatory pleading was
filed, seeking a temporary restraining order, preliminary injunction,
the appointment of a receiver, or any other protective relief
necessary to preserve the property or assets. This petition shall
commence a proceeding that shall be pendent to the criminal
proceeding and maintained solely to effect the criminal remedies
provided for in this section. The proceeding shall not be subject to
or governed by the provisions of the Civil Discovery Act as set forth
in Title 4 (commencing with Section 2016.010) of Part 4 of the Code
of Civil Procedure. The petition shall allege that the defendant has
been charged with two or more felonies, as specified in subdivision
(a), and is subject to the aggravated white collar crime enhancement
specified in subdivision (a). The petition shall identify that
criminal proceeding and the assets and property to be affected by an
order issued pursuant to this section.
   (3) A notice regarding the petition shall be provided, by personal
service or registered mail, to every person who may have an interest
in the property specified in the petition. Additionally, the notice
shall be published for at least three successive weeks in a newspaper
of general circulation in the county where the property affected by
an order issued pursuant to this section is located. The notice shall
state that any interested person may file a verified claim with the
superior court stating the nature and amount of their claimed
interest. The notice shall set forth the time within which a claim of
interest in the protected property is required to be filed.
   (4) If the property to be preserved is real property, the
prosecuting agency shall record, at the time of filing the petition,
a lis pendens in each county in which the real property is situated
which specifically identifies the property by legal description, the
name of the owner of record as shown on the latest equalized
assessment roll, and the assessor's parcel number.
   (5) If the property to be preserved are assets under the control
of a banking or financial institution, the prosecuting agency, at the
time of the filing of the petition, may obtain an order from the
court directing the banking or financial institution to immediately
disclose the account numbers and value of the assets of the accused
held by the banking or financial institution. The prosecuting agency
shall file a supplemental petition, specifically identifying which
banking or financial institution accounts shall be subject to a
temporary restraining order, preliminary injunction, or other
protective remedy.
   (6) Any person claiming an interest in the protected property may,
at any time within 30 days from the date of the first publication of
the notice of the petition, or within 30 days after receipt of
actual notice, file with the superior court of the county in which
the action is pending a verified claim stating the nature and amount
of his or her interest in the property or assets. A verified copy of
the claim shall be served by the claimant on the Attorney General or
district attorney, as appropriate.
   (7) The imposition of fines and restitution pursuant to this
section shall be determined by the superior court in which the
underlying criminal offense is sentenced. Any judge who is assigned
to the criminal division of the superior court in the county where
the petition is filed may issue a temporary restraining order in
conjunction with, or subsequent to, the filing of an allegation
pursuant to this section. Any subsequent hearing on the petition
shall also be heard by a judge assigned to the criminal division of
the superior court in the county in which the petition is filed. At
the time of the filing of an information or indictment in the
underlying criminal case, any subsequent hearing on the petition
shall be heard by the superior court judge assigned to the underlying
criminal case.
   (f) Concurrent with or subsequent to the filing of the petition,
the prosecuting agency may move the superior court for, and the
superior court may issue, the following pendente lite orders to
preserve the status quo of the property alleged in the petition:
   (1) An injunction to restrain any person from transferring,
encumbering, hypothecating, or otherwise disposing of that property.
   (2) Appointment of a receiver to take possession of, care for,
manage, and operate the assets and properties so that the property
may be maintained and preserved. The court may order that a receiver
appointed pursuant to this section shall be compensated for all
reasonable expenditures made or incurred by him or her in connection
with the possession, care, management, and operation of any property
or assets that are subject to the provisions of this section.
   (3) A bond or other undertaking, in lieu of other orders, of a
value sufficient to ensure the satisfaction of restitution and fines
imposed pursuant to this section.
   (g) (1) No preliminary injunction may be granted or receiver
appointed by the court without notice that meets the requirements of
paragraph (3) of subdivision (e) to all known and reasonably
ascertainable interested parties and upon a hearing to determine that
an order is necessary to preserve the property pending the outcome
of the criminal proceedings. A temporary restraining order may be
issued by the court, ex parte, pending that hearing in conjunction
with or subsequent to the filing of the petition upon the application
of the prosecuting attorney. The temporary restraining order may be
based upon the sworn declaration of a peace officer with personal
knowledge of the criminal investigation that establishes probable
cause to believe that aggravated white collar crime has taken place
and that the amount of restitution and fines established by this
section exceeds or equals the worth of the assets subject to the
temporary restraining order. The declaration may include the hearsay
statements of witnesses to establish the necessary facts. The
temporary restraining order may be issued without notice upon a
showing of good cause to the court.
   (2) The defendant, or a person who has filed a verified claim as
provided in paragraph (6) of subdivision (e), shall have the right to
have the court conduct an order to show cause hearing within 10 days
of the service of the request for hearing upon the prosecuting
agency, in order to determine whether the temporary restraining order
should remain in effect, whether relief should be granted from any
lis pendens recorded pursuant to paragraph (4) of subdivision (e), or
whether any existing order should be modified in the interests of
justice. Upon a showing of good cause, the hearing shall be held
within two days of the service of the request for hearing upon the
prosecuting agency.
   (3) In determining whether to issue a preliminary injunction or
temporary restraining order in a proceeding brought by a prosecuting
agency in conjunction with or subsequent to the filing of an
allegation pursuant to this section, the court has the discretion to
consider any matter that it deems reliable and appropriate, including
hearsay statements, in order to reach a just and equitable decision.
The court shall weigh the relative degree of certainty of the
outcome on the merits and the consequences to each of the parties of
granting the interim relief. If the prosecution is likely to prevail
on the merits and the risk of the dissipation of assets outweighs the
potential harm to the defendants and the interested parties, the
court shall grant injunctive relief. The court shall give significant
weight to the following factors:
   (A) The public interest in preserving the property or assets
pendente lite.
   (B) The difficulty of preserving the property or assets pendente
lite where the underlying alleged crimes involve issues of fraud and
moral turpitude.
   (C) The fact that the requested relief is being sought by a public
prosecutor on behalf of alleged victims of white collar crimes.
   (D) The likelihood that substantial public harm has occurred where
aggravated white collar crime is alleged to have been committed.
   (E) The significant public interest involved in compensating the
victims of white collar crime and paying court imposed restitution
and fines.
   (4) The court, in making its orders, may consider a defendant's
request for the release of a portion of the property affected by this
section in order to pay reasonable legal fees in connection with the
criminal proceeding, any necessary and appropriate living expenses
pending trial and sentencing, and for the purpose of posting bail.
The court shall weigh the needs of the public to retain the property
against the needs of the defendant to a portion of the property. The
court shall consider the factors listed in paragraph (3) prior to
making any order releasing property for these purposes.
   (5) The court, in making its orders, shall seek to protect the
interests of any innocent third persons, including an innocent
spouse, who were not involved in the commission of any criminal
activity.
   (6) Any petition filed pursuant to this section is part of the
criminal proceedings for purposes of appointment of counsel and shall
be assigned to the criminal division of the superior court of the
county in which the accusatory pleading was filed.
   (7) Based upon a noticed motion brought by the receiver appointed
pursuant to paragraph (2) of subdivision (f), the court may order an
interlocutory sale of property named in the petition when the
property is liable to perish, to waste, or to be significantly
reduced in value, or when the expenses of maintaining the property
are disproportionate to the value thereof. The proceeds of the
interlocutory sale shall be deposited with the court or as directed
by the court pending determination of the proceeding pursuant to this
section.
   (8) The court may make any orders that are necessary to preserve
the continuing viability of any lawful business enterprise that is
affected by the issuance of a temporary restraining order or
preliminary injunction issued pursuant to this action.
   (9) In making its orders, the court shall seek to prevent any
asset subject to a temporary restraining order or preliminary
injunction from perishing, spoiling, going to waste, or otherwise
being significantly reduced in value. Where the potential for
diminution in value exists, the court shall appoint a receiver to
dispose of or otherwise protect the value of the property or asset.
   (10) A preservation order shall not be issued against any assets
of a business that are not likely to be dissipated and that may be
subject to levy or attachment to meet the purposes of this section.
   (h) If the allegation that the defendant is subject to the
aggravated white collar crime enhancement is dismissed or found by
the trier of fact to be untrue, any preliminary injunction or
temporary restraining order issued pursuant to this section shall be
dissolved. If a jury is the trier of fact, and the jury is unable to
reach a unanimous verdict, the court shall have the discretion to
continue or dissolve all or a portion of the preliminary injunction
or temporary restraining order based upon the interests of justice.
However, if the prosecuting agency elects not to retry the case, any
preliminary injunction or temporary restraining order issued pursuant
to this section shall be dissolved.
   (i) (1) (A) If the defendant is convicted of two or more felonies,
as specified in subdivision (a), and the existence of facts that
would make the person subject to the aggravated white collar crime
enhancement have been admitted or found to be true by the trier of
fact, the trial judge shall continue the preliminary injunction or
temporary restraining order until the date of the criminal sentencing
and shall make a finding at that time as to what portion, if any, of
the property or assets subject to the preliminary injunction or
temporary restraining order shall be levied upon to pay fines and
restitution to victims of the crime. The order imposing fines and
restitution may exceed the total worth of the property or assets
subjected to the preliminary injunction or temporary restraining
order. The court may order the immediate transfer of the property or
assets to satisfy any judgment and sentence made pursuant to this
section. Additionally, upon motion of the prosecution, the court may
enter an order as part of the judgment and sentence making the order
imposing fines and restitution pursuant to this section enforceable
pursuant to Title 9 (commencing with Section 680.010) of Part 2 of
the Code of Civil Procedure.
   (B) Additionally, the court shall order the defendant to make full
restitution to the victim or to make restitution to the victim based
on his or her ability to pay, as defined in subdivision (b) of
Section 1203.1b. The payment of the restitution ordered by the court
pursuant to this section shall be made a condition of any probation
granted by the court if the existence of facts that would make the
defendant subject to the aggravated white collar crime enhancement
have been admitted or found to be true by the trier of fact.
Notwithstanding any other provision of law, the court may order that
the period of probation continue for up to 10 years or until full
restitution is made to the victim, whichever is earlier.
   (C) The sentencing court shall retain jurisdiction to enforce the
order to pay additional fines and restitution and, in appropriate
cases, may initiate probation violation proceedings or contempt of
court proceedings against a defendant who is found to have willfully
failed to comply with any lawful order of the court.
   (D) If the execution of judgment is stayed pending an appeal of an
order of the superior court pursuant to this section, the
preliminary injunction or temporary restraining order shall be
maintained in full force and effect during the pendency of the
appellate period.
   (2) The order imposing fines and restitution shall not affect the
interest in real property of any third party that was acquired prior
to the recording of the lis pendens, unless the property was obtained
from the defendant other than as a bona fide purchaser for value. If
any assets or property affected by this section are subject to a
valid lien, mortgage, security interest, or interest under a
conditional sales contract and the amount due to the holder of the
lien, mortgage, interest, or contract is less than the appraised
value of the property, that person may pay to the state or the local
government that initiated the proceeding the amount of the difference
between the appraised value of the property and the amount of the
lien, mortgage, security interest, or interest under a conditional
sales contract. Upon that payment, the state or local entity shall
relinquish all claims to the property. If the holder of the interest
elects not to make that payment to the state or local governmental
entity, the interest in the property shall be deemed transferred to
the state or local governmental entity and any indicia of ownership
of the property shall be confirmed in the state or local governmental
entity. The appraised value shall be determined as of the date
judgment is entered either by agreement between the holder of the
lien, mortgage, security interest, or interest under a conditional
sales contract and the governmental entity involved, or if they
cannot agree, then by a court-appointed appraiser for the county in
which the action is brought. A person holding a valid lien, mortgage,
security interest, or interest under a conditional sales contract
shall be paid the appraised value of his or her interest.
   (3) In making its final order, the court shall seek to protect the
legitimately acquired interests of any innocent third persons,
including an innocent spouse, who were not involved in the commission
of any criminal activity.
   (j) In all cases where property is to be levied upon pursuant to
this section, a receiver appointed by the court shall be empowered to
liquidate all property or assets which shall be distributed in the
following order of priority:
   (1) To the receiver, or court-appointed appraiser, for all
reasonable expenditures made or incurred by him or her in connection
with the sale of the property or liquidation of assets, including all
reasonable expenditures for any necessary repairs, storage, or
transportation of any property levied upon under this section.
   (2) To any holder of a valid lien, mortgage, or security interest
up to the amount of his or her interest in the property or proceeds.
   (3) To any victim as restitution for any fraudulent or unlawful
acts alleged in the accusatory pleading that were proven by the
prosecuting agency as part of the pattern of fraudulent or unlawful
acts.
   (4) For payment of any fine imposed pursuant to this section. The
proceeds obtained in payment of a fine shall be paid to the treasurer
of the county in which the judgment was entered, or if the action
was undertaken by the Attorney General, to the Treasurer. If the
payment of any fine imposed pursuant to this section involved losses
resulting from violation of Section 550 of this code or Section
1871.4 of the Insurance Code, one-half of the fine collected shall be
paid to the treasurer of the county in which the judgment was
entered, and one-half of the fine collected shall be paid to the
Department of Insurance for deposit in the appropriate account in the
Insurance Fund. The proceeds from the fine first shall be used by a
county to reimburse local prosecutors and enforcement agencies for
the reasonable costs of investigation and prosecution of cases
brought pursuant to this section.
   (5) To the Restitution Fund, or in cases involving convictions
relating to insurance fraud, to the Insurance Fund as restitution for
crimes not specifically pleaded and proven in the accusatory
pleading.
   (k) If, after distribution pursuant to paragraphs (1) and (2) of
subdivision (j), the value of the property to be levied upon pursuant
to this section is insufficient to pay for restitution and fines,
the court shall order an equitable sharing of the proceeds of the
liquidation of the property, and any other recoveries, which shall
specify the percentage of recoveries to be devoted to each purpose.
At least 70 percent of the proceeds remaining after distribution
pursuant to paragraphs (1) and (2) of subdivision (j) shall be
devoted to restitution.
   () Unless otherwise expressly provided, the remedies or penalties
provided by this section are cumulative to each other and to the
remedies or penalties available under all other laws of this state,
except that two separate actions against the same defendant and
pertaining to the same fraudulent or unlawful acts may not be brought
by a district attorney or the Attorney General pursuant to this
section and Chapter 5 (commencing with Section 17200) of Part 2 of
Division 7 of the Business and Professions Code. If a fine is imposed
under this section, it shall be in lieu of all other fines that may
be imposed pursuant to any other provision of law for the crimes for
which the defendant has been convicted in the action.
   (m) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 73.  Section 191.5 of the Penal Code is amended to read:
   191.5.  (a) Gross vehicular manslaughter while intoxicated is the
unlawful killing of a human being without malice aforethought, in the
driving of a vehicle, where the driving was in violation of Section
23140, 23152, or 23153 of the Vehicle Code, and the killing was
either the proximate result of the commission of an unlawful act, not
amounting to a felony, and with gross negligence, or the proximate
result of the commission of a lawful act that might produce death, in
an unlawful manner, and with gross negligence.
   (b) Vehicular manslaughter while intoxicated is the unlawful
killing of a human being without malice aforethought, in the driving
of a vehicle, where the driving was in violation of Section 23140,
23152, or 23153 of the Vehicle Code, and the killing was either the
proximate result of the commission of an unlawful act, not amounting
to a felony, but without gross negligence, or the proximate result of
the commission of a lawful act that might produce death, in an
unlawful manner, but without gross negligence.
   (c) (1) Except as provided in subdivision (d), gross vehicular
manslaughter while intoxicated in violation of subdivision (a) is
punishable by imprisonment in the state prison for 4, 6, or 10 years.

   (2) Vehicular manslaughter while intoxicated in violation of
subdivision (b) is punishable by imprisonment in a county jail for
not more than one year or by imprisonment in the state prison for 16
months or 2 or 4 years.
   (d) A person convicted of violating subdivision (a) who has one or
more prior convictions of this section or of paragraph (1) of
subdivision (c) of Section 192, subdivision (a) or (b) of Section
192.5 of this code, or of violating Section 23152 punishable under
Sections 23540, 23542, 23546, 23548, 23550, or 23552 of, or convicted
of Section 23153 of, the Vehicle Code, shall be punished by
imprisonment in the state prison for a term of 15 years to life.
Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of
Part 3 shall apply to reduce the term imposed pursuant to this
subdivision.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (f) This section shall not be construed as prohibiting or
precluding a charge of murder under Section 188 upon facts exhibiting
wantonness and a conscious disregard for life to support a finding
of implied malice, or upon facts showing malice consistent with the
holding                                              of the
California Supreme Court in People v. Watson, 30 Cal. 3d 290.
   (g) This section shall not be construed as making any homicide in
the driving of a vehicle or the operation of a vessel punishable
which is not a proximate result of the commission of an unlawful act,
not amounting to felony, or of the commission of a lawful act which
might produce death, in an unlawful manner.
   (h) For the penalties in subdivision (d) to apply, the existence
of any fact required under subdivision (d) shall be alleged in the
information or indictment and either admitted by the defendant in
open court or found to be true by the trier of fact.
  SEC. 74.  Section 193 of the Penal Code is amended to read:
   193.  (a) Voluntary manslaughter is punishable by imprisonment in
the state prison for 3, 6, or 11 years.
   (b) Involuntary manslaughter is punishable by imprisonment in the
state prison for two, three, or four years.
   (c) Vehicular manslaughter is punishable as follows:
   (1) A violation of paragraph (1) of subdivision (c) of Section 192
is punishable either by imprisonment in the county jail for not more
than one year or by imprisonment in the state prison for two, four,
or six years.
   (2) A violation of paragraph (2) of subdivision (c) of Section 192
is punishable by imprisonment in the county jail for not more than
one year.
   (3) A violation of paragraph (3) of subdivision (c) of Section 192
is punishable by imprisonment in the state prison for 4, 6, or 10
years.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 75.  Section 193.5 of the Penal Code is amended to read:
   193.5.  Manslaughter committed during the operation of a vessel is
punishable as follows:
   (a) A violation of subdivision (a) of Section 192.5 is punishable
by imprisonment in the state prison for 4, 6, or ten years.
   (b) A violation of subdivision (b) of Section 192.5 is punishable
by imprisonment in a county jail for not more than one year or by
imprisonment in the state prison for 16 months or 2 or 4 years.
   (c) A violation of subdivision (c) of Section 192.5 is punishable
either by imprisonment in the county jail for not more than one year
or by imprisonment in the state prison for two, four, or six years.
   (d) A violation of subdivision (d) of Section 192.5 is punishable
by imprisonment in the county jail for not more than one year.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 76.  Section 204 of the Penal Code is amended to read:
   204.  Mayhem is punishable by imprisonment in the state prison for
two, four, or eight years or, on or after the operative date of an
applicable rule or rules proposed by the California Sentencing
Commission, is punishable as provided in the applicable sentencing
rules.
  SEC. 77.  Section 205 of the Penal Code is amended to read:
   205.  (a) A person is guilty of aggravated mayhem when he or she
unlawfully, under circumstances manifesting extreme indifference to
the physical or psychological well-being of another person,
intentionally causes permanent disability or disfigurement of another
human being or deprives a human being of a limb, organ, or member of
his or her body. For purposes of this section, it is not necessary
to prove an intent to kill. Aggravated mayhem is a felony punishable
by imprisonment in the state prison for life with the possibility of
parole.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 78.  Section 208 of the Penal Code is amended to read:
   208.  (a) Kidnapping is punishable by imprisonment in the state
prison for three, five, or eight years.
   (b) If the person kidnapped is under 14 years of age at the time
of the commission of the crime, the kidnapping is punishable by
imprisonment in the state prison for 5, 8, or 11 years. This
subdivision is not applicable to the taking, detaining, or
concealing, of a minor child by a biological parent, a natural
father, as specified in Section 7611 of the Family Code, an adoptive
parent, or a person who has been granted access to the minor child by
a court order.
   (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 county jail for 12 months. If the
court grants probation without requiring the defendant to be confined
in the county jail for 12 months, it shall specify its reason or
reasons for imposing a lesser penalty.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 79.  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, 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 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, sodomy, or any
violation of Section 264.1, 288, or 289, shall be punished by
imprisonment in the state prison for life with the 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 county jail for 12 months. If the
court grants probation without requiring the defendant to be confined
in the 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.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules, except that no sentencing rule shall
change any provision of this section that was specifically added by
voter initiative.
  SEC. 80.  Section 209.5 of the Penal Code is amended to read:
   209.5.  (a) Any person who, during the commission of a carjacking
and in order to facilitate the commission of the carjacking, kidnaps
another person who is not a principal in the commission of the
carjacking shall be punished by imprisonment in the state prison for
life with the possibility of parole.
   (b) This section shall only apply if the movement of the victim is
beyond that merely incidental to the commission of the carjacking,
the victim is moved a substantial distance from the vicinity of the
carjacking, and the movement of the victim increases the risk of harm
to the victim over and above that necessarily present in the crime
of carjacking itself.
   (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 county jail for 12 months. If the
court grants probation without requiring the defendant to be confined
in the county jail for 12 months, it shall specify its reason or
reasons for imposing a lesser penalty.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 81.  Section 210 of the Penal Code is amended to read:
   210.  (a) Every person who for the purpose of obtaining any ransom
or reward, or to extort or exact from any person any money or thing
of value, poses as, or in any manner represents himself to be a
person who has seized, confined, inveigled, enticed, decoyed,
abducted, concealed, kidnapped or carried away any person, or who
poses as, or in any manner represents himself to be a person who
holds or detains that person, or who poses as, or in any manner
represents himself to be a person who has aided or abetted that act,
or who poses as or in any manner represents himself to be a person
who has the influence, power, or ability, to obtain the release of
that person so seized, confined, inveigled, enticed, decoyed,
abducted, concealed, kidnapped or carried away, is guilty of a felony
and upon conviction thereof shall be punished by imprisonment
 for two, three   in the state prison for two,
three,  or four years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) Nothing in this section prohibits any person who, in good
faith believes that he can rescue any person who has been seized,
confined, inveigled, enticed, decoyed, abducted, concealed, kidnapped
or carried away, and who has had no part in, or connection with,
such confinement, inveigling, decoying, abducting, concealing,
kidnapping, or carrying away, from offering to rescue or obtain the
release of that person for a monetary consideration or other thing of
value.
  SEC. 82.  Section 210.5 of the Penal Code is amended to read:
   210.5.  (a) Every person who commits the offense of false
imprisonment, as defined in Section 236, against a person for
purposes of protection from arrest, which substantially increases the
risk of harm to the victim, or for purposes of using the person as a
shield is punishable by imprisonment in the state prison for three,
five, or eight years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 83.  Section 213 of the Penal Code is amended to read:
   213.  (a) Robbery is punishable as follows:
   (1) Robbery of the first degree is punishable as follows:
   (A) If the defendant, voluntarily acting in concert with two or
more other persons, commits the robbery within an inhabited dwelling
house, a vessel as defined in Section 21 of the Harbors and
Navigation Code, which is inhabited and designed for habitation, an
inhabited floating home as defined in subdivision (d) of Section
18075.55 of the Health and Safety Code, a trailer coach as defined in
the Vehicle Code, which is inhabited, or the inhabited portion of
any other building, by imprisonment in the state prison for three,
six, or nine years.
   (B) In all cases other than that specified in subparagraph (A), by
imprisonment in the state prison for three, four, or six years.
   (2) Robbery of the second degree is punishable by imprisonment in
the state prison for two, three, or five years.
   (b) Notwithstanding Section 664, attempted robbery in violation of
paragraph (2) of subdivision (a) is punishable by imprisonment in
the state prison.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 84.  Section 214 of the Penal Code is amended to read:
   214.  (a) Every person who goes upon or boards any railroad train,
car or engine, with the intention of robbing any passenger or other
person on that train, car or engine, of any personal property thereon
in the possession or care or under the control of any that passenger
or other person, or who interferes in any manner with any switch,
rail, sleeper, viaduct, culvert, embankment, structure or appliance
pertaining to or connected with any railroad, or places any dynamite
or other explosive substance or material upon or near the track of
any railroad, or who sets fire to any railroad bridge or trestle, or
who shows, masks, extinguishes or alters any light or other signal,
or exhibits or compels any other person to exhibit any false light or
signal, or who stops a train, car or engine, or slackens the speed
thereof, or who compels or attempts to compel any person in charge or
control thereof to stop a train, car or engine, or slacken the speed
thereof, with the intention of robbing any passenger or other person
on that train, car or engine, of any personal property thereon in
the possession or charge or under the control of that passenger or
other person, is guilty of a felony.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 85.  Section 215 of the Penal Code is amended to read:
   215.  (a) "Carjacking" is the felonious taking of a motor vehicle
in the possession of another, from his or her person or immediate
presence, or from the person or immediate presence of a passenger of
the motor vehicle, against his or her will and with the intent to
either permanently or temporarily deprive the person in possession of
the motor vehicle of his or her possession, accomplished by means of
force or fear.
   (b) Carjacking is punishable by imprisonment in the state prison
for a term of three, five, or nine years.
   (c) This section shall not be construed to supersede or affect
Section 211. A person may be charged with a violation of this section
and Section 211. However, no defendant may be punished under this
section and Section 211 for the same act which constitutes a
violation of both this section and Section 211.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 86.  Section 220 of the Penal Code is amended to read:
   220.  (a) Except as provided in subdivision (b), any person who
assaults another with intent to commit mayhem, rape, sodomy, oral
copulation, or any violation of Section 264.1, 288, or 289 shall be
punished by imprisonment in the state prison for two, four, or six
years.
   (b) Any person who, in the commission of a burglary of the first
degree, as defined in subdivision (a) of Section 460, assaults
another with intent to commit rape, sodomy, oral copulation, or any
violation of Section 264.1, 288, or 289 shall be punished by
imprisonment in the state prison for life with the possibility of
parole.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules, except that no sentencing rule shall
change any provision of this section that was specifically added by
voter initiative.
  SEC. 87.  Section 222 of the Penal Code is amended to read:
   222.  (a) Every person guilty of administering to another any
chloroform, ether, laudanum, or any controlled substance,
anaesthetic, or intoxicating agent, with intent thereby to enable or
assist himself or herself or any other person to commit a felony, is
guilty of a felony.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 88.  Section 236.1 of the Penal Code is amended to read:
   236.1.  (a) Any person who deprives or violates the personal
liberty of another with the intent to effect or maintain a felony
violation of Section 266, 266h, 266i, 267, 311.4, or 518, or to
obtain forced labor or services, is guilty of human trafficking.
   (b)  Except as provided in subdivision (c), a violation of this
section is punishable by imprisonment in the state prison for three,
four, or five years.
   (c) A violation of this section where the victim of the
trafficking was under 18 years of age at the time of the commission
of the offense is punishable by imprisonment in the state prison for
four, six, or eight years.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (e) (1) For purposes of this section, unlawful deprivation or
violation of the personal liberty of another includes substantial and
sustained restriction of another's liberty accomplished through
fraud, deceit, coercion, violence, duress, menace, or threat of
unlawful injury to the victim or to another person, under
circumstances where the person receiving or apprehending the threat
reasonably believes that it is likely that the person making the
threat would carry it out.
   (2) Duress includes knowingly destroying, concealing, removing,
confiscating, or possessing any actual or purported passport or
immigration document of the victim.
   (f) For purposes of this section, "forced labor or services" means
labor or services that are performed or provided by a person and are
obtained or maintained through force, fraud, or coercion, or
equivalent conduct that would reasonably overbear the will of the
person.
   (g) The Legislature finds that the definition of human trafficking
in this section is equivalent to the federal definition of a severe
form of trafficking found in Section 7102(8) of Title 22 of the
United States Code.
  SEC. 89.  Section 237 of the Penal Code is amended to read:
   237.  (a) False imprisonment is punishable by a fine not exceeding
one thousand dollars ($1,000), or by imprisonment in the county jail
for not more than one year, or by both that fine and imprisonment.
If the false imprisonment  be   is 
effected by violence, menace, fraud, or deceit, it shall be
punishable by imprisonment in the state prison.
   (b) False imprisonment of an elder or dependent adult by use of
violence, menace, fraud, or deceit shall be punishable as described
in subdivision (f) of Section 368.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 90.  Section 241 of the Penal Code is amended to read:
   241.  (a) An assault is punishable by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in the county jail not
exceeding six months, or by both the fine and imprisonment.
   (b) When an assault is committed against the person of a peace
officer, firefighter, emergency medical technician, mobile intensive
care paramedic, lifeguard, process server, traffic officer, code
enforcement officer, or animal control officer engaged in the
performance of his or her duties, or a physician or nurse engaged in
rendering emergency medical care outside a hospital, clinic, or other
health care facility, and the person committing the offense knows or
reasonably should know that the victim is a peace officer,
firefighter, emergency medical technician, mobile intensive care
paramedic, lifeguard, process server, traffic officer, code
enforcement officer, or animal control officer engaged in the
performance of his or her duties, or a physician or nurse engaged in
rendering emergency medical care, the assault is punishable by a fine
not exceeding two thousand dollars ($2,000), or by imprisonment in
the county jail not exceeding one year, or by both the fine and
imprisonment.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (d) As used in this section, the following definitions apply:
   (1) Peace officer means any person defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
   (2) "Emergency medical technician" means a person possessing a
valid course completion certificate from a program approved by the
State Department of Health Services for the medical training and
education of ambulance personnel, and who meets the standards of
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code.
   (3) "Mobile intensive care paramedic" refers to those persons who
meet the standards set forth in Division 2.5 (commencing with Section
1797) of the Health and Safety Code.
   (4) "Nurse" means a person who meets the standards of Division 2.5
(commencing with Section 1797) of the Health and Safety Code.
   (5) "Lifeguard" means a person who is:
   (A) Employed as a lifeguard by the state, a county, or a city, and
is designated by local ordinance as a public officer who has a duty
and responsibility to enforce local ordinances and misdemeanors
through the issuance of citations.
   (B) Wearing distinctive clothing which includes written
identification of the person's status as a lifeguard and which
clearly identifies the employing organization.
   (6) "Process server" means any person who meets the standards or
is expressly exempt from the standards set forth in Section 22350 of
the Business and Professions Code.
   (7) "Traffic officer" means any person employed by a county or
city to monitor and enforce state laws and local ordinances relating
to parking and the operation of vehicles.
   (8) "Animal control officer" means any person employed by a county
or city for purposes of enforcing animal control laws or
regulations.
   (9) (A) "Code enforcement officer" means any person who is not
described in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 and who is employed by any governmental subdivision, public or
quasi-public corporation, public agency, public service corporation,
any town, city, county, or municipal corporation, whether
incorporated or chartered, that has enforcement authority for health,
safety, and welfare requirements, and whose duties include
enforcement of any statute, rules, regulations, or standards, and who
is authorized to issue citations, or file formal complaints.
   (B) "Code enforcement officer" also includes any person who is
employed by the Department of Housing and Community Development who
has enforcement authority for health, safety, and welfare
requirements pursuant to the Employee Housing Act (Part 1 (commencing
with Section 17000) of Division 13 of the Health and Safety Code);
the State Housing Law (Part 1.5 (commencing with Section 17910) of
Division 13 of the Health and Safety Code); the
Mobilehomes-Manufactured Housing Act (Part 2 (commencing with Section
18000) of Division 13 of the Health and Safety Code); the Mobilehome
Parks Act (Part 2.1 (commencing with Section 18200) of Division 13
of the Health and Safety Code); and the Special Occupancy Parks Act
(Part 2.3 (commencing with Section 18860) of Division 13 of the
Health and Safety Code).
  SEC. 91.  Section 241.1 of the Penal Code is amended to read:
   241.1.  (a) When an assault is committed against the person of a
custodial officer as defined in Section 831 or 831.5, and the person
committing the offense knows or reasonably should know that the
victim is a custodial officer engaged in the performance of his
duties, the offense shall be punished by imprisonment in the county
jail not exceeding one year or by imprisonment in the state prison.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 92.  Section 241.2 of the Penal Code is amended to read:
   241.2.  (a) (1) When an assault is committed on school or park
property against any person, the assault is punishable by a fine not
exceeding two thousand dollars ($2,000), or by imprisonment in the
county jail not exceeding one year, or by both that fine and
imprisonment.
   (2) When a violation of this section is committed by a minor on
school property, the court may, in addition to any other fine,
sentence, or as a condition of probation, order the minor to attend
counseling as deemed appropriate by the court at the expense of the
minor's parents. The court shall take into consideration the ability
of the minor's parents to pay, however, no minor shall be relieved of
attending counseling because of the minor's parents' inability to
pay for the counseling imposed by this section.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) "School," as used in this section, means any elementary
school, junior high school, four-year high school, senior high
school, adult school or any branch thereof, opportunity school,
continuation high school, regional occupational center, evening high
school,                                            technical school,
or community college.
   (d) "Park," as used in this section, means any publicly maintained
or operated park. It does not include any facility when used for
professional sports or commercial events.
  SEC. 93.  Section 241.3 of the Penal Code is amended to read:
   241.3.  (a) When an assault is committed against any person on the
property of, or on a motor vehicle of, a public transportation
provider, the offense shall be punished by a fine not to exceed two
thousand dollars ($2,000), or by imprisonment in a county jail not to
exceed one year, or by both the fine and imprisonment.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) As used in this section, "public transportation provider"
means a publicly or privately owned entity that operates, for the
transportation of persons for hire, a bus, taxicab, streetcar, cable
car, trackless trolley, or other motor vehicle, including a vehicle
operated on stationary rails or on a track or rail suspended in air,
or that operates a schoolbus.
   (d) As used in this section, "on the property of" means the entire
station where public transportation is available, including the
parking lot reserved for the public who utilize the transportation
system.
  SEC. 94.  Section 241.4 of the Penal Code is amended to read:
   241.4.  (a) An assault is punishable by fine not exceeding one
thousand dollars ($1,000), or by imprisonment in the county jail not
exceeding six months, or by both. When the assault is committed
against the person of a peace officer engaged in the performance of
his or her duties as a member of a police department of a school
district pursuant to Section 38000 of the Education Code, and the
person committing the offense knows or reasonably should know that
the victim is a peace officer engaged in the performance of his or
her duties, the offense shall be punished by imprisonment in the
county jail not exceeding one year or by imprisonment in the state
prison.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 95.  Section 241.6 of the Penal Code is amended to read:
   241.6.  (a) When an assault is committed against a school employee
engaged in the performance of his or her duties, or in retaliation
for an act performed in the course of his or her duties, whether on
or off campus, during the schoolday or at any other time, and the
person committing the offense knows or reasonably should know the
victim is a school employee, the assault is punishable by
imprisonment in a county jail not exceeding one year, or by a fine
not exceeding two thousand dollars ($2,000), or by both the fine and
imprisonment.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) For purposes of this section, "school employee" has the same
meaning as defined in subdivision (d) of Section 245.5.
   (d) This section shall not apply to conduct arising during the
course of an otherwise lawful labor dispute.
  SEC. 96.  Section 241.7 of the Penal Code is amended to read:
   241.7.  (a) Any person who is a party to a civil or criminal
action in which a jury has been selected to try the case and who,
while the legal action is pending or after the conclusion of the
trial, commits an assault against any juror or alternate juror who
was selected and sworn in that legal action, shall be punished by a
fine not to exceed two thousand dollars ($2,000), or by imprisonment
in the county jail not exceeding one year, or by both that fine and
imprisonment, or by imprisonment in the state prison.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 97.  Section 241.8 of the Penal Code is amended to read:
   241.8.  (a) Any person who commits an assault against a member of
the United States Armed Forces because of the victim's service in the
United States Armed Forces shall be punished by a fine not exceeding
two thousand dollars ($2,000), by imprisonment in a county jail for
a period not exceeding one year, or by both that fine and
imprisonment. "Because of" means that the bias motivation must be a
cause in fact of the assault, whether or not other causes exist. When
multiple concurrent motives exist, the prohibited bias must be a
substantial factor in bringing about the assault.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 98.  Section 243 of the Penal Code is amended to read:
   243.  (a) A battery is punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in a county jail not
exceeding six months, or by both that fine and imprisonment.
   (b) When a battery is committed against the person of a peace
officer, custodial officer, firefighter, emergency medical
technician, lifeguard, process server, traffic officer, code
enforcement officer, or animal control officer engaged in the
performance of his or her duties, whether on or off duty, including
when the peace officer is in a police uniform and is concurrently
performing the duties required of him or her as a peace officer while
also employed in a private capacity as a part-time or casual private
security guard or patrolman, or a nonsworn employee of a probation
department engaged in the performance of his or her duties, whether
on or off duty, or a physician or nurse engaged in rendering
emergency medical care outside a hospital, clinic, or other health
care facility, and the person committing the offense knows or
reasonably should know that the victim is a peace officer, custodial
officer, firefighter, emergency medical technician, lifeguard,
process server, traffic officer, code enforcement officer, or animal
control officer engaged in the performance of his or her duties,
nonsworn employee of a probation department, or a physician or nurse
engaged in rendering emergency medical care, the battery is
punishable by a fine not exceeding two thousand dollars ($2,000), or
by imprisonment in a county jail not exceeding one year, or by both
that fine and imprisonment.
   (c) (1) When a battery is committed against a custodial officer,
firefighter, emergency medical technician, lifeguard, process server,
traffic officer, or animal control officer engaged in the
performance of his or her duties, whether on or off duty, or a
nonsworn employee of a probation department engaged in the
performance of his or her duties, whether on or off duty, or a
physician or nurse engaged in rendering emergency medical care
outside a hospital, clinic, or other health care facility, and the
person committing the offense knows or reasonably should know that
the victim is a nonsworn employee of a probation department,
custodial officer, firefighter, emergency medical technician,
lifeguard, process server, traffic officer, or animal control officer
engaged in the performance of his or her duties, or a physician or
nurse engaged in rendering emergency medical care, and an injury is
inflicted on that victim, the battery is punishable by a fine of not
more than two thousand dollars ($2,000), by imprisonment in a county
jail not exceeding one year, or by both that fine and imprisonment,
or by imprisonment in the state prison for 16 months, or two or three
years.
   (2) When the battery specified in paragraph (1) is committed
against a peace officer engaged in the performance of his or her
duties, whether on or off duty, including when the peace officer is
in a police uniform and is concurrently performing the duties
required of him or her as a peace officer while also employed in a
private capacity as a part-time or casual private security guard or
patrolman and the person committing the offense knows or reasonably
should know that the victim is a peace officer engaged in the
performance of his or her duties, the battery is punishable by a fine
of not more than ten thousand dollars ($10,000), or by imprisonment
in a county jail not exceeding one year or in the state prison for 16
months, or two or three years, or by both that fine and
imprisonment.
   (d) When a battery is committed against any person and serious
bodily injury is inflicted on the person, the battery is punishable
by imprisonment in a county jail not exceeding one year or
imprisonment in the state prison for two, three, or four years.
   (e) (1) When a battery is committed against a spouse, a person
with whom the defendant is cohabiting, a person who is the parent of
the defendant's child, former spouse, fiance, or fiancee, or a person
with whom the defendant currently has, or has previously had, a
dating or engagement relationship, the battery is punishable by a
fine not exceeding two thousand dollars ($2,000), or by imprisonment
in a county jail for a period of not more than one year, or by both
that fine and imprisonment. If probation is granted, or the execution
or imposition of the sentence is suspended, it shall be a condition
thereof that the defendant participate in, for no less than one year,
and successfully complete, a batterer's treatment program, as
defined in Section 1203.097, or if none is available, another
appropriate counseling program designated by the court. However, this
provision shall not be construed as requiring a city, a county, or a
city and county to provide a new program or higher level of service
as contemplated by Section 6 of Article XIII B of the California
Constitution.
   (2) Upon conviction of a violation of this subdivision, if
probation is granted, the conditions of probation may include, in
lieu of a fine, one or both of the following requirements:
   (A) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000).
   (B) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant's offense.
   For any order to pay a fine, make payments to a battered women's
shelter, or pay restitution as a condition of probation under this
subdivision, the court shall make a determination of the defendant's
ability to pay. In no event shall any order to make payments to a
battered women's shelter be made if it would impair the ability of
the defendant to pay direct restitution to the victim or
court-ordered child support. Where the injury to a married person is
caused in whole or in part by the criminal acts of his or her spouse
in violation of this section, the community property may not be used
to discharge the liability of the offending spouse for restitution to
the injured spouse, required by Section 1203.04, as operative on or
before August 2, 1995, or Section 1202.4, or to a shelter for costs
with regard to the injured spouse and dependents, required by this
section, until all separate property of the offending spouse is
exhausted.
   (3) Upon conviction of a violation of this subdivision, if
probation is granted or the execution or imposition of the sentence
is suspended and the person has been previously convicted of a
violation of this subdivision and sentenced under paragraph (1), the
person shall be imprisoned for not less than 48 hours in addition to
the conditions in paragraph (1). However, the court, upon a showing
of good cause, may elect not to impose the mandatory minimum
imprisonment as required by this subdivision and may, under these
circumstances, grant probation or order the suspension of the
execution or imposition of the sentence.
   (4) The Legislature finds and declares that these specified crimes
merit special consideration when imposing a sentence so as to
display society's condemnation for these crimes of violence upon
victims with whom a close relationship has been formed.
   (f) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (g) As used in this section:
   (1) "Peace officer" means any person defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
   (2) "Emergency medical technician" means a person who is either an
EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid
certificate or license in accordance with the standards of Division
2.5 (commencing with Section 1797) of the Health and Safety Code.
   (3) "Nurse" means a person who meets the standards of Division 2.5
(commencing with Section 1797) of the Health and Safety Code.
   (4) "Serious bodily injury" means a serious impairment of physical
condition, including, but not limited to, the following: loss of
consciousness; concussion; bone fracture; protracted loss or
impairment of function of any bodily member or organ; a wound
requiring extensive suturing; and serious disfigurement.
   (5) "Injury" means any physical injury which requires professional
medical treatment.
   (6) "Custodial officer" means any person who has the
responsibilities and duties described in Section 831 and who is
employed by a law enforcement agency of any city or county or who
performs those duties as a volunteer.
   (7) "Lifeguard" means a person defined in paragraph (5) of
subdivision (c) of Section 241.
   (8) "Traffic officer" means any person employed by a city, county,
or city and county to monitor and enforce state laws and local
ordinances relating to parking and the operation of vehicles.
   (9) "Animal control officer" means any person employed by a city,
county, or city and county for purposes of enforcing animal control
laws or regulations.
   (10) "Dating relationship" means frequent, intimate associations
primarily characterized by the expectation of affectional or sexual
involvement independent of financial considerations.
   (11) (A) "Code enforcement officer" means any person who is not
described in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 and who is employed by any governmental subdivision, public or
quasi-public corporation, public agency, public service corporation,
any town, city, county, or municipal corporation, whether
incorporated or chartered, who has enforcement authority for health,
safety, and welfare requirements, and whose duties include
enforcement of any statute, rules, regulations, or standards, and who
is authorized to issue citations, or file formal complaints.
   (B) "Code enforcement officer" also includes any person who is
employed by the Department of Housing and Community Development who
has enforcement authority for health, safety, and welfare
requirements pursuant to the Employee Housing Act (Part 1 (commencing
with Section 17000) of Division 13 of the Health and Safety Code);
the State Housing Law (Part 1.5 (commencing with Section 17910) of
Division 13 of the Health and Safety Code); the
Mobilehomes-Manufactured Housing Act (Part 2 (commencing with Section
18000) of Division 13 of the Health and Safety Code); the Mobilehome
Parks Act (Part 2.1 (commencing with Section 18200) of Division 13
of the Health and Safety Code); and the Special Occupancy Parks Act
(Part 2.3 (commencing with Section 18860) of Division 13 of the
Health and Safety Code).
   (h) It is the intent of the Legislature by amendments to this
section at the 1981-82 and 1983-84 Regular Sessions to abrogate the
holdings in cases such as People v. Corey, 21 Cal. 3d 738, and
Cervantez v. J.C. Penney Co., 24 Cal. 3d 579, and to reinstate prior
judicial interpretations of this section as they relate to criminal
sanctions for battery on peace officers who are employed, on a
part-time or casual basis, while wearing a police uniform as private
security guards or patrolmen and to allow the exercise of peace
officer powers concurrently with that employment.
  SEC. 99.  Section 243.10 of the Penal Code is amended to read:
   243.10.  (a) Any person who commits a battery against a member of
the United States Armed Forces because of the victim's service in the
United States Armed Forces shall be punished by a fine not exceeding
two thousand dollars ($2,000), by imprisonment in a county jail for
a period not exceeding one year, or by both that fine and
imprisonment. "Because of" means that the bias motivation must be a
cause in fact of the battery, whether or not other causes exist. When
multiple concurrent motives exist, the prohibited bias must be a
substantial factor in bringing about the battery.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 100.  Section 243.2 of the Penal Code is amended to read:
   243.2.  (a) (1) Except as otherwise provided in Section 243.6,
when a battery is committed on school property, park property, or the
grounds of a public or private hospital, against any person, the
battery is punishable by a fine not exceeding two thousand dollars
($2,000), or by imprisonment in the county jail not exceeding one
year, or by both the fine and imprisonment.
   (2) When a violation of this section is committed by a minor on
school property, the court may, in addition to any other fine,
sentence, or as a condition of probation, order the minor to attend
counseling as deemed appropriate by the court at the expense of the
minor's parents. The court shall take into consideration the ability
of the minor's parents to pay, however, no minor shall be relieved of
attending counseling because of the minor's parents' inability to
pay for the counseling imposed by this section.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) For the purposes of this section, the following terms have the
following meanings:
   (1) "Hospital" means a facility for the diagnosis, care, and
treatment of human illness that is subject to, or specifically
exempted from, the licensure requirements of Chapter 2 (commencing
with Section 1250) of Division 2 of the Health and Safety Code.
   (2) "Park" means any publicly maintained or operated park. It does
not include any facility when used for professional sports or
commercial events.
   (3) "School" means any elementary school, junior high school,
four-year high school, senior high school, adult school or any branch
thereof, opportunity school, continuation high school, regional
occupational center, evening high school, technical school, or
community college.
   (d) This section shall not apply to conduct arising during the
course of an otherwise lawful labor dispute.
  SEC. 101.  Section 243.25 of the Penal Code is amended to read:
   243.25.  (a) When a battery is committed against the person of an
elder or a dependent adult as defined in Section 368, with knowledge
that he or she is an elder or a dependent adult, the offense shall be
punishable by a fine not to exceed two thousand dollars ($2,000), or
by imprisonment in a county jail not to exceed one year, or by both
that fine and imprisonment.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 102.  Section 243.3 of the Penal Code is amended to read:
   243.3.  (a) When a battery is committed against the person of an
operator, driver, or passenger on a bus, taxicab, streetcar, cable
car, trackless trolley, or other motor vehicle, including a vehicle
operated on stationary rails or on a track or rail suspended in the
air, used for the transportation of persons for hire, or against a
schoolbus driver, or against the person of a station agent or ticket
agent for the entity providing the transportation, and the person who
commits the offense knows or reasonably should know that the victim,
in the case of an operator, driver, or agent, is engaged in the
performance of his or her duties, or is a passenger the offense shall
be punished by a fine not exceeding ten thousand dollars ($10,000),
or by imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment. If an injury is inflicted on that
victim, the offense shall be punished by a fine not exceeding ten
thousand dollars ($10,000), or by imprisonment in a county jail not
exceeding one year or in the state prison for 16 months, or two or
three years, or by both that fine and imprisonment.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 103.  Section 243.35 of the Penal Code is amended to read:
   243.35.  (a) Except as provided in Section 243.3, when a battery
is committed against any person on the property of, or in a motor
vehicle of, a public transportation provider, the offense shall be
punished by a fine not to exceed two thousand dollars ($2,000), or by
imprisonment in a county jail not to exceed one year, or by both the
fine and imprisonment.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) As used in this section, "public transportation provider"
means a publicly or privately owned entity that operates, for the
transportation of persons for hire, a bus, taxicab, streetcar, cable
car, trackless trolley, or other motor vehicle, including a vehicle
operated on stationary rails or on a track or rail suspended in air,
or that operates a schoolbus.
   (d) As used in this section, "on the property of" means the entire
station where public transportation is available, including the
parking lot reserved for the public who utilize the transportation
system.
  SEC. 104.  Section 243.4 of the Penal Code is amended to read:
   243.4.  (a) Any person who touches an intimate part of another
person while that person is unlawfully restrained by the accused or
an accomplice, and if the touching is against the will of the person
touched and is for the purpose of sexual arousal, sexual
gratification, or sexual abuse, is guilty of sexual battery. A
violation of this subdivision is punishable by imprisonment in a
county jail for not more than one year, and by a fine not exceeding
two thousand dollars ($2,000); or by imprisonment in the state prison
for two, three, or four years, and by a fine not exceeding ten
thousand dollars ($10,000).
   (b) Any person who touches an intimate part of another person who
is institutionalized for medical treatment and who is seriously
disabled or medically incapacitated, if the touching is against the
will of the person touched, and if the touching is for the purpose of
sexual arousal, sexual gratification, or sexual abuse, is guilty of
sexual battery. A violation of this subdivision is punishable by
imprisonment in a county jail for not more than one year, and by a
fine not exceeding two thousand dollars ($2,000); or by imprisonment
in the state prison for two, three, or four years, and by a fine not
exceeding ten thousand dollars ($10,000).
   (c) Any person who touches an intimate part of another person for
the purpose of sexual arousal, sexual gratification, or sexual abuse,
and the victim is at the time unconscious of the nature of the act
because the perpetrator fraudulently represented that the touching
served a professional purpose, is guilty of sexual battery. A
violation of this subdivision is punishable by imprisonment in a
county jail for not more than one year, and by a fine not exceeding
two thousand dollars ($2,000); or by imprisonment in the state prison
for two, three, or four years, and by a fine not exceeding ten
thousand dollars ($10,000).
   (d) Any person who, for the purpose of sexual arousal, sexual
gratification, or sexual abuse, causes another, against that person's
will while that person is unlawfully restrained either by the
accused or an accomplice, or is institutionalized for medical
treatment and is seriously disabled or medically incapacitated, to
masturbate or touch an intimate part of either of those persons or a
third person, is guilty of sexual battery. A violation of this
subdivision is punishable by imprisonment in a county jail for not
more than one year, and by a fine not exceeding two thousand dollars
($2,000); or by imprisonment in the state prison for two, three, or
four years, and by a fine not exceeding ten thousand dollars
($10,000).
   (e) (1) Any person who touches an intimate part of another person,
if the touching is against the will of the person touched, and is
for the specific purpose of sexual arousal, sexual gratification, or
sexual abuse, is guilty of misdemeanor sexual battery, punishable by
a fine not exceeding two thousand dollars ($2,000), or by
imprisonment in a county jail not exceeding six months, or by both
that fine and imprisonment. However, if the defendant was an employer
and the victim was an employee of the defendant, the misdemeanor
sexual battery shall be punishable by a fine not exceeding three
thousand dollars ($3,000), by imprisonment in a county jail not
exceeding six months, or by both that fine and imprisonment.
Notwithstanding any other provision of law, any amount of a fine
above two thousand dollars ($2,000) which is collected from a
defendant for a violation of this subdivision shall be transmitted to
the State Treasury and, upon appropriation by the Legislature,
distributed to the Department of Fair Employment and Housing for the
purpose of enforcement of the California Fair Employment and Housing
Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title
2 of the Government Code), including, but not limited to, laws that
proscribe sexual harassment in places of employment. However, in no
event shall an amount over two thousand dollars
                      ($2,000) be transmitted to the State Treasury
until all fines, including any restitution fines that may have been
imposed upon the defendant, have been paid in full.
   (2) As used in this subdivision, "touches" means physical contact
with another person, whether accomplished directly, through the
clothing of the person committing the offense, or through the
clothing of the victim.
   (f) As used in subdivisions (a), (b), (c), and (d), "touches"
means physical contact with the skin of another person whether
accomplished directly or through the clothing of the person
committing the offense.
   (g) As used in this section, the following terms have the
following meanings:
   (1) "Intimate part" means the sexual organ, anus, groin, or
buttocks of any person, and the breast of a female.
   (2) "Sexual battery" does not include the crimes defined in
Section 261 or 289.
   (3) "Seriously disabled" means a person with severe physical or
sensory disabilities.
   (4) "Medically incapacitated" means a person who is incapacitated
as a result of prescribed sedatives, anesthesia, or other medication.

   (5) "Institutionalized" means a person who is located voluntarily
or involuntarily in a hospital, medical treatment facility, nursing
home, acute care facility, or mental hospital.
   (6) "Minor" means a person under 18 years of age.
   (h) This section shall not be construed to limit or prevent
prosecution under any other law which also proscribes a course of
conduct that also is proscribed by this section.
   (i) In the case of a felony conviction for a violation of this
section, the fact that the defendant was an employer and the victim
was an employee of the defendant shall be a factor in aggravation in
sentencing.
   (j) A person who commits a violation of subdivision (a), (b), (c),
or (d) against a minor when the person has a prior felony conviction
for a violation of this section shall be guilty of a felony,
punishable by imprisonment in the state prison for two, three, or
four years and a fine not exceeding ten thousand dollars ($10,000).
   (k) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 105.  Section 243.6 of the Penal Code is amended to read:
   243.6.  (a) When a battery is committed against a school employee
engaged in the performance of his or her duties, or in retaliation
for an act performed in the course of his or her duties, whether on
or off campus, during the schoolday or at any other time, and the
person committing the offense knows or reasonably should know that
the victim is a school employee, the battery is punishable by
imprisonment in a county jail not exceeding one year, or by a fine
not exceeding two thousand dollars ($2,000), or by both the fine and
imprisonment. However, if an injury is inflicted on the victim, the
battery shall be punishable by imprisonment in a county jail for not
more than one year, or by a fine of not more than two thousand
dollars ($2,000), or by imprisonment in the state prison for 16
months, or two or three years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) For purposes of this section, "school employee" has the same
meaning as defined in subdivision (d) of Section 245.5.
   (d) This section shall not apply to conduct arising during the
course of an otherwise lawful labor dispute.
  SEC. 106.  Section 243.7 of the Penal Code is amended to read:
   243.7.  (a) Any person who is a party to a civil or criminal
action in which a jury has been selected to try the case and who,
while the legal action is pending or after the conclusion of the
trial commits a battery against any juror or alternate juror who was
selected and sworn in that legal action shall be punished by a fine
not to exceed five thousand dollars ($5,000), or by imprisonment in
the county jail not exceeding one year, or by both such fine and
imprisonment, or by the imprisonment in the state prison for 16
months, or for two or three years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 107.  Section 243.8 of the Penal Code is amended to read:
   243.8.  (a) When a battery is committed against a sports official
immediately prior to, during, or immediately following an
interscholastic, intercollegiate, or any other organized amateur or
professional athletic contest in which the sports official is
participating, and the person who commits the offense knows or
reasonably should know that the victim is engaged in the performance
of his or her duties, the offense shall be punishable by a fine not
exceeding two thousand dollars ($2,000), or by imprisonment in the
county jail not exceeding one year, or by both that fine and
imprisonment.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) For purposes of this section, "sports official" means any
individual who serves as a referee, umpire, linesman, or who serves
in a similar capacity but may be known by a different title or name
and is duly registered by, or a member of, a local, state, regional,
or national organization engaged in part in providing education and
training to sports officials.
  SEC. 108.  Section 243.9 of the Penal Code is amended to read:
   243.9.  (a) Every person confined in any local detention facility
who commits a battery by gassing upon the person of any peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, or employee of the local detention facility is
guilty of aggravated battery and shall be punished by imprisonment in
a county jail or by imprisonment in the state prison for two, three,
or four years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) For purposes of this section, "gassing" means intentionally
placing or throwing, or causing to be placed or thrown, upon the
person of another, any human excrement or other bodily fluids or
bodily substances or any mixture containing human excrement or other
bodily fluids or bodily substances that results in actual contact
with the person's skin or membranes.
   (d) The person in charge of the local detention facility shall use
every available means to immediately investigate all reported or
suspected violations of subdivision (a), including, but not limited
to, the use of forensically acceptable means of preserving and
testing the suspected gassing substance to confirm the presence of
human excrement or other bodily fluids or bodily substances. If there
is probable cause to believe that the inmate has violated
subdivision (a), the chief medical officer of the local detention
facility, or his or her designee, may, when he or she deems it
medically necessary to protect the health of an officer or employee
who may have been subject to a violation of this section, order the
inmate to receive an examination or test for hepatitis or
tuberculosis or both hepatitis and tuberculosis on either a voluntary
or involuntary basis immediately after the event, and periodically
thereafter as determined to be necessary by the medical officer in
order to ensure that further hepatitis or tuberculosis transmission
does not occur. These decisions shall be consistent with an
occupational exposure as defined by the Center for Disease Control
and Prevention. The results of any examination or test shall be
provided to the officer or employee who has been subject to a
reported or suspected violation of this section. Nothing in this
subdivision shall be construed to otherwise supersede the operation
of Title 8 (commencing with Section 7500). Any person performing
tests, transmitting test results, or disclosing information pursuant
to this section shall be immune from civil liability for any action
taken in accordance with this section.
   (e) The person in charge of the local detention facility shall
refer all reports for which there is probable cause to believe that
the inmate has violated subdivision (a) to the local district
attorney for prosecution.
   (f) Nothing in this section shall preclude prosecution under both
this section and any other provision of law.
  SEC. 109.  Section 244 of the Penal Code is amended to read:
   244.  (a) Any person who willfully and maliciously places or
throws, or causes to be placed or thrown, upon the person of another,
any vitriol, corrosive acid, flammable substance, or caustic
chemical of any nature, with the intent to injure the flesh or
disfigure the body of that person, is punishable by imprisonment in
the state prison for two, three or four years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) As used in this section, "flammable substance" means gasoline,
petroleum products, or flammable liquids with a flashpoint of 150
degrees Fahrenheit or less.
  SEC. 110.  Section 244.5 of the Penal Code is amended to read:
   244.5.  (a) As used in this section, "stun gun" means any item,
except a taser, used or intended to be used as either an offensive or
defensive weapon that is capable of temporarily immobilizing a
person by the infliction of an electrical charge.
   (b) Every person who commits an assault upon the person of another
with a stun gun or taser shall be punished by imprisonment in a
county jail for a term not exceeding one year, or by imprisonment in
the state prison for 16 months, two, or three years.
   (c) Every person who commits an assault upon the person of a peace
officer or firefighter with a stun gun or taser, who knows or
reasonably should know that the person is a peace officer or
firefighter engaged in the performance of his or her duties, when the
peace officer or firefighter is engaged in the performance of his or
her duties, shall be punished by imprisonment in the county jail for
a term not exceeding one year, or by imprisonment in the state
prison for two, three, or four years.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (e) This section shall not be construed to preclude or in any way
limit the applicability of Section 245 in any criminal prosecution.
  SEC. 111.  Section 245 of the Penal Code is amended to read:
   245.  (a) (1) Any person who commits an assault upon the person of
another with a deadly weapon or instrument other than a firearm or
by any means of force likely to produce great bodily injury shall be
punished by imprisonment in the state prison for two, three, or four
years, or in a county jail for not exceeding one year, or by a fine
not exceeding ten thousand dollars ($10,000), or by both the fine and
imprisonment.
   (2) Any person who commits an assault upon the person of another
with a firearm shall be punished by imprisonment in the state prison
for two, three, or four years, or in a county jail for not less than
six months and not exceeding one year, or by both a fine not
exceeding ten thousand dollars ($10,000) and imprisonment.
   (3) Any person who commits an assault upon the person of another
with a machinegun, as defined in Section 12200, or an assault weapon,
as defined in Section 12276 or 12276.1, or a .50 BMG rifle, as
defined in Section 12278, shall be punished by imprisonment in the
state prison for 4, 8, or 12 years.
   (b) Any person who commits an assault upon the person of another
with a semiautomatic firearm shall be punished by imprisonment in the
state prison for three, six, or nine years.
   (c) Any person who commits an assault with a deadly weapon or
instrument, other than a firearm, or by any means likely to produce
great bodily injury upon the person of a peace officer or
firefighter, and who knows or reasonably should know that the victim
is a peace officer or firefighter engaged in the performance of his
or her duties, when the peace officer or firefighter is engaged in
the performance of his or her duties, shall be punished by
imprisonment in the state prison for three, four, or five years.
   (d) (1) Any person who commits an assault with a firearm upon the
person of a peace officer or firefighter, and who knows or reasonably
should know that the victim is a peace officer or firefighter
engaged in the performance of his or her duties, when the peace
officer or firefighter is engaged in the performance of his or her
duties, shall be punished by imprisonment in the state prison for
four, six, or eight years.
   (2) Any person who commits an assault upon the person of a peace
officer or firefighter with a semiautomatic firearm and who knows or
reasonably should know that the victim is a peace officer or
firefighter engaged in the performance of his or her duties, when the
peace officer or firefighter is engaged in the performance of his or
her duties, shall be punished by imprisonment in the state prison
for five, seven, or nine years.
   (3) Any person who commits an assault with a machinegun, as
defined in Section 12200, or an assault weapon, as defined in Section
12276 or 12276.1, or a .50 BMG rifle, as defined in Section 12278,
upon the person of a peace officer or firefighter, and who knows or
reasonably should know that the victim is a peace officer or
firefighter engaged in the performance of his or her duties, shall be
punished by imprisonment in the state prison for 6, 9, or 12 years.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (f) When a person is convicted of a violation of this section in a
case involving use of a deadly weapon or instrument or firearm, and
the weapon or instrument or firearm is owned by that person, the
court shall order that the weapon or instrument or firearm be deemed
a nuisance, and it shall be confiscated and disposed of in the manner
provided by Section 12028.
   (g) As used in this section, "peace officer" refers to any person
designated as a peace officer in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2.
  SEC. 112.  Section 245.2 of the Penal Code is amended to read:
   245.2.  (a) Every person who commits an assault with a deadly
weapon or instrument or by any means of force likely to produce great
bodily injury upon the person of an operator, driver, or passenger
on a bus, taxicab, streetcar, cable car, trackless trolley, or other
motor vehicle, including a vehicle operated on stationary rails or on
a track or rail suspended in the air, used for the transportation of
persons for hire, or upon the person of a station agent or ticket
agent for the entity providing such transportation, when the driver,
operator, or agent is engaged in the performance of his or her
duties, and where the person who commits the assault knows or
reasonably should know that the victim is engaged in the performance
of his or her duties, or is a passenger, shall be punished by
imprisonment in the state prison for three, four, or five years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 113.  Section 245.3 of the Penal Code is amended to read:
   245.3.  (a) Every person who commits an assault with a deadly
weapon or instrument or by any means likely to produce great bodily
injury upon the person of a custodial officer as defined in Section
831 or 831.5, and who knows or reasonably should know that such
victim is such a custodial officer engaged in the performance of his
duties, shall be punished by imprisonment in the state prison for
three, four, or five years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) When a person is convicted of a violation of this section in a
case involving use of a deadly weapon or instrument, and that weapon
or instrument is owned by that person, the court may, in its
discretion, order that the weapon or instrument be deemed a nuisance
and shall be confiscated and destroyed in the manner provided by
Section 12028.
  SEC. 114.  Section 245.5 of the Penal Code is amended to read:
   245.5.  (a) Every person who commits an assault with a deadly
weapon or instrument, other than a firearm, or by any means likely to
produce great bodily injury upon the person of a school employee,
and who knows or reasonably should know that the victim is a school
employee engaged in the performance of his or her duties, when that
school employee is engaged in the performance of his or her duties,
shall be punished by imprisonment in the state prison for three,
four, or five years, or in a county jail not exceeding one year.
   (b) Every person who commits an assault with a firearm upon the
person of a school employee, and who knows or reasonably should know
that the victim is a school employee engaged in the performance of
his or her duties, when the school employee is engaged in the
performance of his or her duties, shall be punished by imprisonment
in the state prison for four, six, or eight years, or in a county
jail for not less than six months and not exceeding one year.
   (c) Every person who commits an assault upon the person of a
school employee with a stun gun or taser, and who knows or reasonably
should know that the person is a school employee engaged in the
performance of his or her duties, when the school employee is engaged
in the performance of his or her duties, shall be punished by
imprisonment in a county jail for a term not exceeding one year or by
imprisonment in the state prison for two, three, or four years.
   This subdivision shall not be construed to preclude or in any way
limit the applicability of Section 245 in any criminal prosecution.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (e) As used in the section, "school employee" means any person
employed as a permanent or probationary certificated or classified
employee of a school district on a part-time or full-time basis,
including a substitute teacher. "School employee," as used in this
section, also includes a student teacher, or a school board member.
"School," as used in this section, has the same meaning as that term
is defined in Section 626.
  SEC. 115.  Section 245.6 of the Penal Code is amended to read:
   245.6.  (a) It is unlawful to engage in hazing, as defined in this
section.
   (b) "Hazing" means any method of initiation or preinitiation into
a student organization or student body, whether or not the
organization or body is officially recognized by an educational
institution, which is likely to cause serious bodily injury to any
former, current, or prospective student of any school, community
college, college, university, or other educational institution in
this state. The term "hazing" does not include customary athletic
events or school-sanctioned events.
   (c) A violation of this section that does not result in serious
bodily injury is a misdemeanor, punishable by a fine of not less than
one hundred dollars ($100), nor more than five thousand dollars
($5,000), or imprisonment in the county jail for not more than one
year, or both.
   (d) Any person who personally engages in hazing that results in
death or serious bodily injury as defined in paragraph (4) of
subdivision (f) of Section 243 of the Penal Code, is guilty of either
a misdemeanor or a felony, and shall be punished by imprisonment in
county jail not exceeding one year, or by imprisonment in the state
prison.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (f) The person against whom the hazing is directed may commence a
civil action for injury or damages. The action may be brought against
any participants in the hazing, or any organization to which the
student is seeking membership whose agents, directors, trustees,
managers, or officers authorized, requested, commanded, participated
in, or ratified the hazing.
    (g) Prosecution under this section shall not prohibit prosecution
under any other provision of law.
  SEC. 116.  Section 246 of the Penal Code is amended to read:
   246.  (a) Any person who maliciously and willfully discharges a
firearm at an inhabited dwelling house, occupied building, occupied
motor vehicle, occupied aircraft, inhabited housecar, as defined in
Section 362 of the Vehicle Code, or inhabited camper, as defined in
Section 243 of the Vehicle Code, is guilty of a felony, and upon
conviction shall be punished by imprisonment in the state prison for
three, five, or seven years, or by imprisonment in the county jail
for a term of not less than six months and not exceeding one year.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) As used in this section, "inhabited" means currently being
used for dwelling purposes, whether occupied or not.
  SEC. 117.  Section 246.3 of the Penal Code is amended to read:
   246.3.  (a) Except as otherwise authorized by law, any person who
willfully discharges a firearm in a grossly negligent manner which
could result in injury or death to a person is guilty of a public
offense and shall be punished by imprisonment in a county jail not
exceeding one year, or by imprisonment in the state prison.
   (b) Except as otherwise authorized by law, any person who
willfully discharges a BB device in a grossly negligent manner which
could result in injury or death to a person is guilty of a public
offense and shall be punished by imprisonment in a county jail not
exceeding one year.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (d) As used in this section, "BB device" means any instrument that
expels a projectile, such as a BB or a pellet, through the force of
air pressure, gas pressure, or spring action.
  SEC. 118.  Section 247 of the Penal Code is amended to read:
   247.  (a) Any person who willfully and maliciously discharges a
firearm at an unoccupied aircraft is guilty of a felony.
   (b) Any person who discharges a firearm at an unoccupied motor
vehicle or an uninhabited building or dwelling house is guilty of a
public offense punishable by imprisonment in the county jail for not
more than one year or in the state prison. This subdivision does not
apply to shooting at an abandoned vehicle, unoccupied vehicle,
uninhabited building, or dwelling house with the permission of the
owner.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (d) As used in this section and Section 246 "aircraft" means any
contrivance intended for and capable of transporting persons through
the airspace.
  SEC. 119.  Section 247.5 of the Penal Code is amended to read:
   247.5.  (a) Any person who willfully and maliciously discharges a
laser at an aircraft, whether in motion or in flight, while occupied,
is guilty of a violation of this section, which shall be punishable
as either a misdemeanor by imprisonment in the county jail for not
more than one year or by a fine of one thousand dollars ($1,000), or
a felony by imprisonment in the state prison for 16 months, two
years, or three years, or by a fine of two thousand dollars ($2,000).
This section does not apply to the conduct of laser development
activity by or on behalf of the United States Armed Forces.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) As used in this section, "aircraft" means any contrivance
intended for and capable of transporting persons through the
airspace.
   (d) As used in this section, "laser" means a device that utilizes
the natural oscillations of atoms or molecules between energy levels
for generating coherent electromagnetic radiation in the ultraviolet,
visible, or infrared region of the spectrum, and when discharged
exceeds one milliwatt continuous wave.
  SEC. 120.  Section 261.5 of the Penal Code is amended to read:
   261.5.  (a) Unlawful sexual intercourse is an act of sexual
intercourse accomplished with a person who is not the spouse of the
perpetrator, if the person is a minor. For the purposes of this
section, a "minor" is a person under the age of 18 years and an
"adult" is a person who is at least 18 years of age.
   (b) Any person who engages in an act of unlawful sexual
intercourse with a minor who is not more than three years older or
three years younger than the perpetrator, is guilty of a misdemeanor.

   (c) Any person who engages in an act of unlawful sexual
intercourse with a minor who is more than three years younger than
the perpetrator is guilty of either a misdemeanor or a felony, and
shall be punished by imprisonment in a county jail not exceeding one
year, or by imprisonment                                           in
the state prison.
   (d) Any person 21 years of age or older who engages in an act of
unlawful sexual intercourse with a minor who is under 16 years of age
is guilty of either a misdemeanor or a felony, and shall be punished
by imprisonment in a county jail not exceeding one year, or by
imprisonment in the state prison for two, three, or four years.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (f) (1) Notwithstanding any other provision of this section, an
adult who engages in an act of sexual intercourse with a minor in
violation of this section may be liable for civil penalties in the
following amounts:
   (A) An adult who engages in an act of unlawful sexual intercourse
with a minor less than two years younger than the adult is liable for
a civil penalty not to exceed two thousand dollars ($2,000).
   (B) An adult who engages in an act of unlawful sexual intercourse
with a minor at least two years younger than the adult is liable for
a civil penalty not to exceed five thousand dollars ($5,000).
   (C) An adult who engages in an act of unlawful sexual intercourse
with a minor at least three years younger than the adult is liable
for a civil penalty not to exceed ten thousand dollars ($10,000).
   (D) An adult over the age of 21 years who engages in an act of
unlawful sexual intercourse with a minor under 16 years of age is
liable for a civil penalty not to exceed twenty-five thousand dollars
($25,000).
   (2) The district attorney may bring actions to recover civil
penalties pursuant to this subdivision. From the amounts collected
for each case, an amount equal to the costs of pursuing the action
shall be deposited with the treasurer of the county in which the
judgment was entered, and the remainder shall be deposited in the
Underage Pregnancy Prevention Fund, which is hereby created in the
State Treasury. Amounts deposited in the Underage Pregnancy
Prevention Fund may be used only for the purpose of preventing
underage pregnancy upon appropriation by the Legislature.
   (3) In addition to any punishment imposed under this section, the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates this section with the proceeds of this fine
to be used in accordance with Section 1463.23. The court shall,
however, take into consideration the defendant's ability to pay, and
no defendant shall be denied probation because of his or her
inability to pay the fine permitted under this subdivision.
  SEC. 121.  Section 264 of the Penal Code is amended to read:
   264.  (a) Rape, as defined in Section 261 or 262, is punishable by
imprisonment in the state prison for three, six, or eight years.
   (b) In addition to any punishment imposed under this section the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates Section 261 or 262 with the proceeds of this
fine to be used in accordance with Section 1463.23. The court shall,
however, take into consideration the defendant's ability to pay, and
no defendant shall be denied probation because of his or her
inability to pay the fine permitted under this subdivision.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 122.  Section 264.1 of the Penal Code is amended to read:
   264.1.  (a) The provisions of Section 264 notwithstanding, in any
case in which the defendant, voluntarily acting in concert with
another person, by force or violence and against the will of the
victim, committed an act described in Section 261, 262, or 289,
either personally or by aiding and abetting the other person, that
fact shall be charged in the indictment or information and if found
to be true by the jury, upon a jury trial, or if found to be true by
the court, upon a court trial, or if admitted by the defendant, the
defendant shall suffer confinement in the state prison for five,
seven, or nine years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 123.  Section 266 of the Penal Code is amended to read:
   266.  (a) Every person who inveigles or entices any unmarried
female, of previous chaste character, under the age of 18 years, into
any house of ill fame, or of assignation, or elsewhere, for the
purpose of prostitution, or to have illicit carnal connection with
any man; and every person who aids or assists in that inveiglement or
enticement; and every person who, by any false pretenses, false
representation, or other fraudulent means, procures any female to
have illicit carnal connection with any man, shall be punished by
imprisonment in the state prison, or by imprisonment in a county jail
not exceeding one year, or by a fine not exceeding two thousand
dollars ($2,000), or by both that fine and imprisonment.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 124.  Section 266a of the Penal Code is amended to read:
   266a.  (a) Every person who, within this state, takes any person
against his or her will and without his or her consent, or with his
or her consent procured by fraudulent inducement or
misrepresentation, for the purpose of prostitution, as defined in
subdivision (b) of Section 647, is punishable by imprisonment in the
state prison, and a fine not exceeding two thousand dollars ($2,000).

   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 125.  Section 266b of the Penal Code is amended to read:
   266b.  (a) Every person who takes any other person unlawfully, and
against his or her will, and by force, menace, or duress, compels
him or her to live with such person in an illicit relation, against
his or her consent, or to so live with any other person, is
punishable by imprisonment in the state prison.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 126.  Section 266c of the Penal Code is amended to read:
   266c.  (a) Every person who induces any other person to engage in
sexual intercourse, sexual penetration, oral copulation, or sodomy
when his or her consent is procured by false or fraudulent
representation or pretense that is made with the intent to create
fear, and which does induce fear, and that would cause a reasonable
person in like circumstances to act contrary to the person's free
will, and does cause the victim to so act, is punishable by
imprisonment in a county jail for not more than one year or in the
state prison for two, three, or four years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) As used in this section, "fear" means the fear of physical
injury or death to the person or to any relative of the person or
member of the person's family.
  SEC. 127.  Section 266d of the Penal Code is amended to read:
   266d.  (a) Any person who receives any money or other valuable
thing for or on account of placing in custody any other person for
the purpose of causing the other person to cohabit with any person to
whom the other person is not married, is guilty of a felony.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 128.  Section 266e of the Penal Code is amended to read:
   266e.  (a) Every person who purchases, or pays any money or other
valuable thing for, any person for the purpose of prostitution as
defined in subdivision (b) of Section 647, or for the purpose of
placing that person, for immoral purposes, in any house or place
against his or her will, is guilty of a felony.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 129.  Section 266f of the Penal Code is amended to read:
   266f.  (a) Every person who sells any person or receives any money
or other valuable thing for or on account of his or her placing in
custody, for immoral purposes, any person, whether with or without
his or her consent, is guilty of a felony.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 130.  Section 266g of the Penal Code is amended to read:
   266g.  (a) Every man who, by force, intimidation, threats,
persuasion, promises, or any other means, places or leaves, or
procures any other person or persons to place or leave, his wife in a
house of prostitution, or connives at or consents to, or permits,
the placing or leaving of his wife in a house of prostitution, or
allows or permits her to remain therein, is guilty of a felony and
punishable by imprisonment in the state prison for two, three or four
years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) In any prosecution under this section, a wife is a competent
witness against her husband.
  SEC. 131.  Section 266h of the Penal Code is amended to read:
   266h.  (a) Except as provided in subdivision (b), any person who,
knowing another person is a prostitute, lives or derives support or
maintenance in whole or in part from the earnings or proceeds of the
person's prostitution, or from money loaned or advanced to or charged
against that person by any keeper or manager or inmate of a house or
other place where prostitution is practiced or allowed, or who
solicits or receives compensation for soliciting for the person, is
guilty of pimping, a felony, and shall be punishable by imprisonment
in the state prison for three, four, or six years.
   (b) Any person who, knowing another person is a prostitute, lives
or derives support or maintenance in whole or in part from the
earnings or proceeds of the person's prostitution, or from money
loaned or advanced to or charged against that person by any keeper or
manager or inmate of a house or other place where prostitution is
practiced or allowed, or who solicits or receives compensation for
soliciting for the person, when the prostitute is a minor, is guilty
of pimping a minor, a felony, and shall be punishable as follows:
   (1) If the person engaged in prostitution is a minor over the age
of 16 years, the offense is punishable by imprisonment in the state
prison for three, four, or six years.
   (2) If the person engaged in prostitution is under 16 years of
age, the offense is punishable by imprisonment in the state prison
for three, six, or eight years.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 132.  Section 266i of the Penal Code is amended to read:
   266i.  (a) Except as provided in subdivision (b), any person who
does any of the following is guilty of pandering, a felony, and shall
be punishable by imprisonment in the state prison for three, four,
or six years:
   (1) Procures another person for the purpose of prostitution.
   (2) By promises, threats, violence, or by any device or scheme,
causes, induces, persuades or encourages another person to become a
prostitute.
   (3) Procures for another person a place as an inmate in a house of
prostitution or as an inmate of any place in which prostitution is
encouraged or allowed within this state.
   (4) By promises, threats, violence or by any device or scheme,
causes, induces, persuades or encourages an inmate of a house of
prostitution, or any other place in which prostitution is encouraged
or allowed, to remain therein as an inmate.
   (5) By fraud or artifice, or by duress of person or goods, or by
abuse of any position of confidence or authority, procures another
person for the purpose of prostitution, or to enter any place in
which prostitution is encouraged or allowed within this state, or to
come into this state or leave this state for the purpose of
prostitution.
   (6) Receives or gives, or agrees to receive or give, any money or
thing of value for procuring, or attempting to procure, another
person for the purpose of prostitution, or to come into this state or
leave this state for the purpose of prostitution.
   (b) Any person who does any of the acts described in subdivision
(a) with another person who is a minor is guilty of pandering, a
felony, and shall be punishable as follows:
   (1) If the other person is a minor over the age of 16 years, the
offense is punishable by imprisonment in the state prison for three,
four, or six years.
   (2) If the other person is under 16 years of age, the offense is
punishable by imprisonment in the state prison for three, six, or
eight years.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 133.  Section 266j of the Penal Code is amended to read:
   266j.  (a) Any person who intentionally gives, transports,
provides, or makes available, or who offers to give, transport,
provide, or make available to another person, a child under the age
of 16 for the purpose of any lewd or lascivious act as defined in
Section 288, or who causes, induces, or persuades a child under the
age of 16 to engage in such an act with another person, is guilty of
a felony and shall be imprisoned in the state prison for a term of
three, six, or eight years, and by a fine not to exceed fifteen
thousand dollars ($15,000).
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 134.  Section 266k of the Penal Code is amended to read:
   266k.  (a) Upon the conviction of any person for a violation of
Section 266h, 266i, or 266j, the court may, in addition to any other
penalty or fine imposed, order the defendant to pay an additional
fine not to exceed five thousand dollars ($5,000). In setting the
amount of the fine, the court shall consider any relevant factors
including, but not limited to, the seriousness and gravity of the
offense and the circumstances of its commission, whether the
defendant derived any economic gain as the result of the crime, and
the extent to which the victim suffered losses as a result of the
crime. Every fine imposed and collected under this section shall be
deposited in the Victim-Witness Assistance Fund to be available for
appropriation to fund child sexual exploitation and child sexual
abuse victim counseling centers and prevention programs under Section
13837.
   (b) If the court orders a fine to be imposed pursuant to this
section, the actual administrative cost of collecting that fine, not
to exceed 2 percent of the total amount paid, may be paid into the
general fund of the county treasury for the use and benefit of the
county.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, the
court may impose a fine as provided in the applicable sentencing
rules.
  SEC. 135.  Section 267 of the Penal Code is amended to read:
   267.  (a) Every person who takes away any other person under the
age of 18 years from the father, mother, guardian, or other person
having the legal charge of the other person, without their consent,
for the purpose of prostitution, is punishable by imprisonment in the
state prison, and a fine not exceeding two thousand dollars
($2,000).
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 136.  Section 269 of the Penal Code is amended to read:
   269.  (a) Any person who commits any of the following acts upon a
child who is under 14 years of age and seven or more years younger
than the person is guilty of aggravated sexual assault of a child:
   (1) Rape, in violation of paragraph (2) or (6) of subdivision (a)
of Section 261.
   (2) Rape or sexual penetration, in concert, in violation of
Section 264.1.
   (3) Sodomy, in violation of paragraph (2) or (3) of subdivision
(c), or subdivision (d), of Section 286.
   (4) Oral copulation, in violation of paragraph (2) or (3) of
subdivision (c), or subdivision (d), of Section 288a.
   (5) Sexual penetration, in violation of subdivision (a) of Section
289.
   (b) Any person who violates this section is guilty of a felony and
shall be punished by imprisonment in the state prison for 15 years
to life.
   (c) The court shall impose a consecutive sentence for each offense
that results in a conviction under this section if the crimes
involve separate victims or involve the same victim on separate
occasions as defined in subdivision (d) of Section 667.6.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules, except that no sentencing rule shall
change any provision of this section that was specifically added by
voter initiative.
  SEC. 137.  Section 270 of the Penal Code is amended to read:
   270.  (a) If a parent of a minor child willfully omits, without
lawful excuse, to furnish necessary clothing, food, shelter or
medical attendance, or other remedial care for his or her child, he
or she is guilty of a misdemeanor punishable by a fine not exceeding
two thousand dollars ($2,000), or by imprisonment in the county jail
not exceeding one year, or by both that fine and imprisonment. If a
court of competent jurisdiction has made a final adjudication in
either a civil or a criminal action that a person is the parent of a
minor child and the person has notice of that adjudication and he or
she then willfully omits, without lawful excuse, to furnish necessary
clothing, food, shelter, medical attendance or other remedial care
for his or her child, this conduct is punishable by imprisonment in
the county jail not exceeding one year or in a state prison for a
determinate term of one year and one day, or by a fine not exceeding
two thousand dollars ($2,000), or by both that fine and imprisonment.

   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) This section shall not be construed so as to relieve a parent
from the criminal liability imposed by this section for that omission
merely because the other parent of the child is legally entitled to
the custody of the child nor because the other parent of the child or
any other person or organization voluntarily or involuntarily
furnishes necessary food, clothing, shelter or medical attendance, or
other remedial care for the child, or attempts to do so.
   (d) Proof of abandonment or desertion of a child by a parent, or
the omission by a parent to furnish necessary food, clothing, shelter
or medical attendance or other remedial care for his or her child is
prima facie evidence that the abandonment or desertion or omission
to furnish necessary food, clothing, shelter or medical attendance or
other remedial care is willful and without lawful excuse.
   (e) The court, in determining the ability of the parent to support
his or her child, shall consider all income, including social
insurance benefits and gifts.
   (f) The provisions of this section are applicable whether the
parents of the child are or were ever married or divorced, and
regardless of any decree made in any divorce action relative to
alimony or to the support of the child. A child conceived but not yet
born is to be deemed an existing person insofar as this section is
concerned.
   (g) The husband of a woman who bears a child as a result of
artificial insemination shall be considered the father of that child
for the purpose of this section, if he consented in writing to the
artificial insemination.
   (h) If a parent provides a minor with treatment by spiritual means
through prayer alone in accordance with the tenets and practices of
a recognized church or religious denomination, by a duly accredited
practitioner thereof, such treatment shall constitute "other remedial
care," as used in this section.
  SEC. 138.  Section 271 of the Penal Code is amended to read:
   271.  (a) Every parent of any child under the age of 14 years, and
every person to whom such a child has been confided for nurture, or
education, who deserts that child in any place whatever with intent
to abandon it, is punishable by imprisonment in the state prison or
in the county jail not exceeding one year or by fine not exceeding
one thousand dollars ($1,000) or by both.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 139.  Section 271a of the Penal Code is amended to read:
   271a.  (a) Every person who knowingly and willfully abandons, or
who, having ability so to do, fails or refuses to maintain his or her
minor child under the age of 14 years, or who falsely, knowing the
same to be false, represents to any manager, officer or agent of any
orphan asylum or charitable institution for the care of orphans, that
any child for whose admission into that asylum or institution
application has been made is an orphan, is punishable by imprisonment
in the state prison, or in the county jail not exceeding one year,
or by fine not exceeding one thousand dollars ($1,000), or by both.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 140.  Section 272 of the Penal Code is amended to read:
   272.  (a) (1) Every person who commits any act or omits the
performance of any duty, which act or omission causes or tends to
cause or encourage any person under the age of 18 years to come
within the provisions of Section 300, 601, or 602 of the Welfare and
Institutions Code or which act or omission contributes thereto, or
any person who, by any act or omission, or by threats, commands, or
persuasion, induces or endeavors to induce any person under the age
of 18 years or any ward or dependent child of the juvenile court to
fail or refuse to conform to a lawful order of the juvenile court, or
to do or to perform any act or to follow any course of conduct or to
so live as would cause or manifestly tend to cause that person to
become or to remain a person within the provisions of Section 300,
601, or 602 of the Welfare and Institutions Code, is guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine
not exceeding two thousand five hundred dollars ($2,500), or by
imprisonment in the county jail for not more than one year, or by
both fine and imprisonment in a county jail, or may be released on
probation for a period not exceeding five years.
   (2) For purposes of this subdivision, a parent or legal guardian
to any person under the age of 18 years shall have the duty to
exercise reasonable care, supervision, protection, and control over
their minor child.
   (b) (1) An adult stranger who is 21 years of age or older, who
knowingly contacts or communicates with a minor who is under 14 years
of age, who knew or reasonably should have known that the minor is
under 14 years of age, for the purpose of persuading and luring, or
transporting, or attempting to persuade and lure, or transport, that
minor away from the minor's home or from any location known by the
minor's parent, legal guardian, or custodian, to be a place where the
minor is located, for any purpose, without the express consent of
the minor's parent or legal guardian, and with the intent to avoid
the consent of the minor's parent or legal guardian, is guilty of an
infraction or a misdemeanor, subject to subdivision (d) of Section
17.
   (2) This subdivision shall not apply in an emergency situation.
   (3) As used in this subdivision, the following terms are defined
to mean:
   (A) "Emergency situation" means a situation where the minor is
threatened with imminent bodily harm, emotional harm, or
psychological harm.
   (B) "Contact" or "communication" includes, but is not limited to,
the use of a telephone or the Internet, as defined in Section 17538
of the Business and Professions Code.
   (C) "Stranger" means a person of casual acquaintance with whom no
substantial relationship exists, or an individual with whom a
relationship has been established or promoted for the primary purpose
of victimization, as defined in subdivision (e) of Section 6600 of
the Welfare and Institutions Code.
   (D) "Express consent" means oral or written permission that is
positive, direct, and unequivocal, requiring no inference or
implication to supply its meaning.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by
   the California Sentencing Commission, a person who violates this
section shall be punished as provided in the applicable sentencing
rules.
   (d) This section shall not be interpreted to criminalize acts of
persons contacting minors within the scope and course of their
employment, or status as a volunteer of a recognized civic or
charitable organization.
   (e) This section is intended to protect minors and to help parents
and legal guardians exercise reasonable care, supervision,
protection, and control over minor children.
  SEC. 141.  Section 273a of the Penal Code is amended to read:
   273a.  (a) Any person who, under circumstances or conditions
likely to produce great bodily harm or death, willfully causes or
permits any child to suffer, or inflicts thereon unjustifiable
physical pain or mental suffering, or having the care or custody of
any child, willfully causes or permits the person or health of that
child to be injured, or willfully causes or permits that child to be
placed in a situation where his or her person or health is
endangered, shall be punished by imprisonment in a county jail not
exceeding one year, or in the state prison for two, four, or six
years.
   (b) Any person who, under circumstances or conditions other than
those likely to produce great bodily harm or death, willfully causes
or permits any child to suffer, or inflicts thereon unjustifiable
physical pain or mental suffering, or having the care or custody of
any child, willfully causes or permits the person or health of that
child to be injured, or willfully causes or permits that child to be
placed in a situation where his or her person or health may be
endangered, is guilty of a misdemeanor.
   (c) If a person is convicted of violating this section and
probation is granted, the court shall require the following minimum
conditions of probation:
   (1) A mandatory minimum period of probation of 48 months.
   (2) A criminal court protective order protecting the victim from
further acts of violence or threats, and, if appropriate, residence
exclusion or stay-away conditions.
   (3) (A) Successful completion of no less than one year of a child
abuser's treatment counseling program approved by the probation
department. The defendant shall be ordered to begin participation in
the program immediately upon the grant of probation. The counseling
program shall meet the criteria specified in Section 273.1. The
defendant shall produce documentation of program enrollment to the
court within 30 days of enrollment, along with quarterly progress
reports.
   (B) The terms of probation for offenders shall not be lifted until
all reasonable fees due to the counseling program have been paid in
full, but in no case shall probation be extended beyond the term
provided in subdivision (a) of Section 1203.1. If the court finds
that the defendant does not have the ability to pay the fees based on
the defendant's changed circumstances, the court may reduce or waive
the fees.
   (4) If the offense was committed while the defendant was under the
influence of drugs or alcohol, the defendant shall abstain from the
use of drugs or alcohol during the period of probation and shall be
subject to random drug testing by his or her probation officer.
   (5) The court may waive any of the above minimum conditions of
probation upon a finding that the condition would not be in the best
interests of justice. The court shall state on the record its reasons
for any waiver.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 142.  Section 273ab of the Penal Code is amended to read:
   273ab.  (a) Any person who, having the care or custody of a child
who is under eight years of age, assaults the child by means of force
that to a reasonable person would be likely to produce great bodily
injury, resulting in the child's death, shall be punished by
imprisonment in the state prison for 25 years to life. Nothing in
this section shall be construed as affecting the applicability of
subdivision (a) of Section 187 or Section 189.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 143.  Section 273d of the Penal Code is amended to read:
   273d.  (a) Any person who willfully inflicts upon a child any
cruel or inhuman corporal punishment or an injury resulting in a
traumatic condition is guilty of a felony and shall be punished by
imprisonment in the state prison for two, four, or six years, or in a
county jail for not more than one year, by a fine of up to six
thousand dollars ($6,000), or by both that imprisonment and fine.
   (b) Any person who is found guilty of violating subdivision (a)
shall receive a four-year enhancement for a prior conviction of that
offense provided that 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 that results in a felony conviction.
   (c) If a person is convicted of violating this section and
probation is granted, the court shall require the following minimum
conditions of probation:
   (1) A mandatory minimum period of probation of 36 months.
   (2) A criminal court protective order protecting the victim from
further acts of violence or threats, and, if appropriate, residence
exclusion or stay-away conditions.
   (3) (A) Successful completion of no less than one year of a child
abuser's treatment counseling program. The defendant shall be ordered
to begin participation in the program immediately upon the grant of
probation. The counseling program shall meet the criteria specified
in Section 273.1. The defendant shall produce documentation of
program enrollment to the court within 30 days of enrollment, along
with quarterly progress reports.
   (B) The terms of probation for offenders shall not be lifted until
all reasonable fees due to the counseling program have been paid in
full, but in no case shall probation be extended beyond the term
provided in subdivision (a) of Section 1203.1. If the court finds
that the defendant does not have the ability to pay the fees based on
the defendant's changed circumstances, the court may reduce or waive
the fees.
   (4) If the offense was committed while the defendant was under the
influence of drugs or alcohol, the defendant shall abstain from the
use of drugs or alcohol during the period of probation and shall be
subject to random drug testing by his or her probation officer.
   (5) The court may waive any of the above minimum conditions of
probation upon a finding that the condition would not be in the best
interests of justice. The court shall state on the record its reasons
for any waiver.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 144.  Section 273.4 of the Penal Code is amended to read:
   273.4.  (a) If the act constituting a felony violation of
subdivision (a) of Section 273a was female genital mutilation, as
defined in subdivision (b), the defendant shall be punished by an
additional term of imprisonment in the state prison for one year, in
addition and consecutive to the punishment prescribed by Section
273a.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) "Female genital mutilation" means the excision or infibulation
of the labia majora, labia minora, clitoris, or vulva, performed for
nonmedical purposes.
    (d) Nothing in this section shall preclude prosecution under
Section 203, 205, or 206 or any other provision of law.
  SEC. 145.  Section 273.5 of the Penal Code is amended to read:
   273.5.  (a) Any person who willfully inflicts upon a person who is
his or her spouse, former spouse, cohabitant, former cohabitant, or
the mother or father of his or her child, corporal injury resulting
in a traumatic condition, is guilty of a felony, and upon conviction
thereof shall be punished by imprisonment in the state prison for
two, three, or four years, or in a county jail for not more than one
year, or by a fine of up to six thousand dollars ($6,000) or by both
that fine and imprisonment.
   (b) Holding oneself out to be the husband or wife of the person
with whom one is cohabiting is not necessary to constitute
cohabitation as the term is used in this section.
   (c) As used in this section, "traumatic condition" means a
condition of the body, such as a wound or external or internal
injury, whether of a minor or serious nature, caused by a physical
force.
   (d) For the purpose of this section, a person shall be considered
the father or mother of another person's child if the alleged male
parent is presumed the natural father under Sections 7611 and 7612 of
the Family Code.
   (e) (1) Any person convicted of violating this section for acts
occurring within seven years of a previous conviction under
subdivision (a), or subdivision (d) of Section 243, or Section 243.4,
244, 244.5, or 245, shall be punished by imprisonment in a county
jail for not more than one year, or by imprisonment in the state
prison for two, four, or five years, or by both imprisonment and a
fine of up to ten thousand dollars ($10,000).
   (2) Any person convicted of a violation of this section for acts
occurring within seven years of a previous conviction under
subdivision (e) of Section 243 shall be punished by imprisonment in
the state prison for two, three, or four years, or in a county jail
for not more than one year, or by a fine of up to ten thousand
dollars ($10,000), or by both that imprisonment and fine.
   (f) If probation is granted to any person convicted under
subdivision (a), the court shall impose probation consistent with the
provisions of Section 1203.097.
   (g) If probation is granted, or the execution or imposition of a
sentence is suspended, for any defendant convicted under subdivision
(a) who has been convicted of any prior offense specified in
subdivision (e), the court shall impose one of the following
conditions of probation:
   (1) If the defendant has suffered one prior conviction within the
previous seven years for a violation of any offense specified in
subdivision (e), it shall be a condition thereof, in addition to the
provisions contained in Section 1203.097, that he or she be
imprisoned in a county jail for not less than 15 days.
   (2) If the defendant has suffered two or more prior convictions
within the previous seven years for a violation of any offense
specified in subdivision (e), it shall be a condition of probation,
in addition to the provisions contained in Section 1203.097, that he
or she be imprisoned in a county jail for not less than 60 days.
   (3) The court, upon a showing of good cause, may find that the
mandatory imprisonment required by this subdivision shall not be
imposed and shall state on the record its reasons for finding good
cause.
   (h) If probation is granted upon conviction of a violation of
subdivision (a), the conditions of probation may include, consistent
with the terms of probation imposed pursuant to Section 1203.097, in
lieu of a fine, one or both of the following requirements:
   (1) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000), pursuant
to Section 1203.097.
   (2) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant's offense.
   For any order to pay a fine, make payments to a battered women's
shelter, or pay restitution as a condition of probation under this
subdivision, the court shall make a determination of the defendant's
ability to pay. In no event shall any order to make payments to a
battered women's shelter be made if it would impair the ability of
the defendant to pay direct restitution to the victim or
court-ordered child support. Where the injury to a married person is
caused in whole or in part by the criminal acts of his or her spouse
in violation of this section, the community property may not be used
to discharge the liability of the offending spouse for restitution to
the injured spouse, required by Section 1203.04, as operative on or
before August 2, 1995, or Section 1202.4, or to a shelter for costs
with regard to the injured spouse and dependents, required by this
section, until all separate property of the offending spouse is
exhausted.
   (i) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 146.  Section 273.6 of the Penal Code is amended to read:
   273.6.  (a) Any intentional and knowing violation of a protective
order, as defined in Section 6218 of the Family Code, or of an order
issued pursuant to Section 527.6 or 527.8 of the Code of Civil
Procedure, or Section 15657.03 of the Welfare and Institutions Code,
is a misdemeanor punishable by a fine of not more than one thousand
dollars ($1,000), or by imprisonment in a county jail for not more
than one year, or by both that fine and imprisonment.
   (b) In the event of a violation of subdivision (a) which results
in physical injury, the person shall be punished by a fine of not
more than two thousand dollars ($2,000), or by imprisonment in a
county jail for not less than 30 days nor more than one year, or by
both that fine and imprisonment. However, if the person is imprisoned
in a county jail for at least 48 hours, the court may, in the
interest of justice and for reasons stated on the record, reduce or
eliminate the 30-day minimum imprisonment required by this
subdivision. In determining whether to reduce or eliminate the
minimum imprisonment pursuant to this subdivision, the court shall
consider the seriousness of the facts before the court, whether there
are additional allegations of a violation of the order during the
pendency of the case before the court, the probability of future
violations, the safety of the victim, and whether the defendant has
successfully completed or is making progress with counseling.
   (c) Subdivisions (a) and (b) shall apply to the following court
orders:
   (1) Any order issued pursuant to Section 6320 or 6389 of the
Family Code.
   (2) An order excluding one party from the family dwelling or from
the dwelling of the other.
   (3) An order enjoining a party from specified behavior which the
court determined was necessary to effectuate the order described in
subdivision (a).
   (4) Any order issued by another state that is recognized under
Part 5 (commencing with Section 6400) of Division 10 of the Family
Code.
   (d) A subsequent conviction for a violation of an order described
in subdivision (a), occurring within seven years of a prior
conviction for a violation of an order described in subdivision (a)
and involving an act of violence or "a credible threat" of violence,
as defined in subdivision (c) of Section 139, is punishable by
imprisonment in a county jail not to exceed one year, or in the state
prison.
   (e) In the event of a subsequent conviction for a violation of an
order described in subdivision (a) for an act occurring within one
year of a prior conviction for a violation of an order described in
subdivision (a) that results in physical injury to a victim, the
person shall be punished by a fine of not more than two thousand
dollars ($2,000), or by imprisonment in a county jail for not less
than six months nor more than one year, by both that fine and
imprisonment, or by imprisonment in the state prison. However, if the
person is imprisoned in a county jail for at least 30 days, the
court may, in the interest of justice and for reasons stated in the
record, reduce or eliminate the six-month minimum imprisonment
required by this subdivision. In determining whether to reduce or
eliminate the minimum imprisonment pursuant to this subdivision, the
court shall consider the seriousness of the facts before the court,
whether there are additional allegations of a violation of the order
during the pendency of the case before the court, the probability of
future violations, the safety of the victim, and whether the
defendant has successfully completed or is making progress with
counseling.
   (f) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of orders described in
subdivisions (a), (b), (d), and (e).
   (g) (1) Every person who owns, possesses, purchases, or receives a
firearm knowing he or she is prohibited from doing so by the
provisions of a protective order as defined in Section 136.2 of this
code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of
the Code of Civil Procedure, or Section 15657.03 of the Welfare and
Institutions Code, shall be punished under the provisions of
subdivision (g) of Section 12021.
   (2) Every person subject to a protective order described in
paragraph (1) shall not be prosecuted under this section for owning,
possessing, purchasing, or receiving a firearm to the extent that
firearm is granted an exemption pursuant to subdivision (f) of
Section 527.9 of the Code of Civil Procedure, or subdivision (h) of
Section 6389 of the Family Code.
   (h) If probation is granted upon conviction of a violation of
subdivision (a), (b), (c), (d), or (e), the court shall impose
probation consistent with the provisions of Section 1203.097, and the
conditions of probation may include, in lieu of a fine, one or both
of the following requirements:
   (1) That the defendant make payments to a battered women's shelter
or to a shelter for abused elder persons or dependent adults, up to
a maximum of five thousand dollars ($5,000), pursuant to Section
1203.097.
   (2) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant's offense.
   (i) For any order to pay a fine, make payments to a battered women'
s shelter, or pay restitution as a condition of probation under
subdivision (e), the court shall make a determination of the
defendant's ability to pay. In no event shall any order to make
payments to a battered women's shelter be made if it would impair the
ability of the defendant to pay direct restitution to the victim or
court-ordered child support. Where the injury to a married person is
caused in whole or in part by the criminal acts of his or her spouse
in violation of this section, the community property may not be used
to discharge the liability of the offending spouse for restitution to
the injured spouse, required by Section 1203.04, as operative on or
before August 2, 1995, or Section 1202.4, or to a shelter for costs
with regard to the injured spouse and dependents, required by this
section, until all separate property of the offending spouse is
exhausted.
   (j) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 147.  Section 273.65 of the Penal Code is amended to read:
   273.65.  (a) Any intentional and knowing violation of a protective
order issued pursuant to Section 213.5, 304, or 362.4 of the Welfare
and Institutions Code is a misdemeanor punishable by a fine of not
more than one thousand dollars ($1,000), or by imprisonment in a
county jail for not more than one year, or by both the fine and
imprisonment.
   (b) In the event of a violation of subdivision (a) which results
in physical injury, the person shall be punished by a fine of not
more than two thousand dollars ($2,000), or by imprisonment in a
county jail for not less than 30 days nor more than one year, or by
both the fine and imprisonment. However, if the person is imprisoned
in a county jail for at least 48 hours, the court may, in the
interests of justice and for reasons stated on the record, reduce or
eliminate the 30-day minimum imprisonment required by this
subdivision. In determining whether to reduce or eliminate the
minimum imprisonment pursuant to this subdivision, the court shall
consider the seriousness of the facts before the court, whether there
are additional allegations of a violation of the order during the
pendency of the case before the court, the probability of future
violations, the safety of the victim, and whether the defendant has
successfully completed or is making progress with counseling.
   (c) Subdivisions (a) and (b) shall apply to the following court
orders:
   (1) An order enjoining any party from molesting, attacking,
striking, threatening, sexually assaulting, battering, harassing,
contacting repeatedly by mail with the intent to harass, or
disturbing the peace of the other party, or other named family and
household members.
   (2) An order excluding one party from the family dwelling or from
the dwelling of the other.
   (3) An order enjoining a party from specified behavior which the
court determined was necessary to effectuate the order under
subdivision (a).
   (d) A subsequent conviction for a violation of an order described
in subdivision (a), occurring within seven years of a prior
conviction for a violation of an order described in subdivision (a)
and involving an act of violence or "a credible threat" of violence,
as defined in subdivision (c) of Section 139, is punishable by
imprisonment in a county jail not to exceed one year, or in the state
prison.
   (e) In the event of a subsequent conviction for a violation of an
order described in subdivision (a) for an act occurring within one
year of a prior conviction for a violation of an order described in
subdivision (a) which results in physical injury to the same victim,
the person shall be punished by a fine of not more than two thousand
dollars ($2,000), or by imprisonment in a county jail for not less
than six months nor more than one year, by both that fine and
imprisonment, or by imprisonment in the state prison. However, if the
person is imprisoned in a county jail for at least 30 days, the
court may, in the interests of justice and for reasons stated in the
record, reduce or eliminate the six-month minimum imprisonment
required by this subdivision. In determining whether to reduce or
eliminate the minimum imprisonment pursuant to this subdivision, the
court shall consider the seriousness of the facts before the court,
whether there are additional allegations of a violation of the order
during the pendency of the case before the court, the probability of
future violations, the safety of the victim, and whether the
defendant has successfully completed or is making progress with
counseling.
   (f) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of orders issued pursuant to
subdivisions (a), (b), (d), and (e).
   (g) The court may order a person convicted under this section to
undergo counseling, and, if appropriate, to complete a batterer's
treatment program.
   (h) If probation is granted upon conviction of a violation of
subdivision (a), (b), or (c), the conditions of probation may
include, in lieu of a fine, one or both of the following
requirements:
   (1) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000), pursuant
to Section 1203.097.
   (2) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant's offense.
   (i) For any order to pay a fine, make payments to a battered women'
s shelter, or pay restitution as a condition of probation under
subdivision (e), the court shall make a determination of the
defendant's ability to pay. In no event shall any order to make
payments to a battered women's shelter be made if it would impair the
ability of the defendant to pay direct restitution to the victim or
court ordered child support.
   (j) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 148.  Section 278 of the Penal Code is amended to read:
   278.  (a) Every person who does not have a right to custody, who
maliciously takes, entices away, keeps, withholds, or conceals any
child with the intent to detain or conceal that child from a lawful
custodian shall be punished by imprisonment in a county jail not
exceeding one year, a fine not exceeding one thousand dollars
($1,000), or both that fine and imprisonment, or by imprisonment in
the state prison for two, three, or four years, a fine not exceeding
ten thousand dollars ($10,000), or both that fine and imprisonment.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 149.  Section 278.5 of the Penal Code is amended to read:
   278.5.  (a) Every person who takes, entices away, keeps,
withholds, or conceals a child and maliciously deprives a lawful
custodian of a right to custody, or a person of a right to
visitation, shall be punished by imprisonment in a county jail not
exceeding one year, a fine not exceeding one thousand dollars
($1,000), or both that fine and imprisonment, or by imprisonment in
the state prison for 16 months, or two or three years, a fine not
exceeding ten thousand dollars ($10,000), or both that fine and
imprisonment.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) Nothing contained in this section limits the court's contempt
power.
   (d) A custody order obtained after the taking, enticing away,
keeping, withholding, or concealing of a child does not constitute a
defense to a crime charged under this section.
                              SEC. 150.  Section 280 of the Penal
Code is amended to read:
   280.  Every person who willfully causes or permits the removal or
concealment of any child in violation of Section 8713, 8803, or 8910
of the Family Code shall be punished as follows:
   (a) By imprisonment in a county jail for not more than one year if
the child is concealed within the county in which the adoption
proceeding is pending or in which the child has been placed for
adoption, or is removed from that county to a place within this
state.
   (b) By imprisonment in the state prison, or by imprisonment in a
county jail for not more than one year, if the child is removed from
that county to a place outside of this state.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, as
provided in the applicable sentencing rules.
  SEC. 151.  Section 285 of the Penal Code is amended to read:
   285.  (a) Persons being within the degrees of consanguinity within
which marriages are declared by law to be incestuous and void, who
intermarry with each other, or who being 14 years of age or older,
commit fornication or adultery with each other, are punishable by
imprisonment in the state prison.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 152.  Section 286 of the Penal Code is amended to read:
   286.  (a) Sodomy is sexual conduct consisting of contact between
the penis of one person and the anus of another person. Any sexual
penetration, however slight, is sufficient to complete the crime of
sodomy.
   (b) (1) Except as provided in Section 288, any person who
participates in an act of sodomy with another person who is under 18
years of age shall be punished by imprisonment in the state prison,
or in a county jail for not more than one year.
   (2) Except as provided in Section 288, any person over the age of
21 years who participates in an act of sodomy with another person who
is under 16 years of age shall be guilty of a felony.
   (c) (1) Any person who participates in an act of sodomy with
another person who is under 14 years of age and more than 10 years
younger than he or she shall be punished by imprisonment in the state
prison for three, six, or eight years.
   (2) Any person who commits an act of sodomy when the act is
accomplished against the victim's will by means of force, violence,
duress, menace, or fear of immediate and unlawful bodily injury on
the victim or another person shall be punished by imprisonment in the
state prison for three, six, or eight years.
   (3) Any person who commits an act of sodomy where the act is
accomplished against the victim's will by threatening to retaliate in
the future against the victim or any other person, and there is a
reasonable possibility that the perpetrator will execute the threat,
shall be punished by imprisonment in the state prison for three, six,
or eight years.
   (d) Any person who, while voluntarily acting in concert with
another person, either personally or aiding and abetting that other
person, commits an act of sodomy when the act is accomplished against
the victim's will by means of force or fear of immediate and
unlawful bodily injury on the victim or another person or where the
act is accomplished against the victim's will by threatening to
retaliate in the future against the victim or any other person, and
there is a reasonable possibility that the perpetrator will execute
the threat, shall be punished by imprisonment in the state prison for
five, seven, or nine years.
   (e) Any person who participates in an act of sodomy with any
person of any age while confined in any state prison, as defined in
Section 4504, or in any local detention facility, as defined in
Section 6031.4, shall be punished by imprisonment in the state
prison, or in a county jail for not more than one year.
   (f) Any person who commits an act of sodomy, and the victim is at
the time unconscious of the nature of the act and this is known to
the person committing the act, shall be punished by imprisonment in
the state prison for three, six, or eight years. As used in this
subdivision, "unconscious of the nature of the act" means incapable
of resisting because the victim meets one of the following
conditions:
   (1) Was unconscious or asleep.
   (2) Was not aware, knowing, perceiving, or cognizant that the act
occurred.
   (3) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's fraud
in fact.
   (4) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's
fraudulent representation that the sexual penetration served a
professional purpose when it served no professional purpose.
   (g) Except as provided in subdivision (h), a person who commits an
act of sodomy, and the victim is at the time incapable, because of a
mental disorder or developmental or physical disability, of giving
legal consent, and this is known or reasonably should be known to the
person committing the act, shall be punished by imprisonment in the
state prison for three, six, or eight years. Notwithstanding the
existence of a conservatorship pursuant to the Lanterman-Petris-Short
Act (Part 1 (commencing with Section 5000) of Division 5 of the
Welfare and Institutions Code), the prosecuting attorney shall prove,
as an element of the crime, that a mental disorder or developmental
or physical disability rendered the alleged victim incapable of
giving consent.
   (h) Any person who commits an act of sodomy, and the victim is at
the time incapable, because of a mental disorder or developmental or
physical disability, of giving legal consent, and this is known or
reasonably should be known to the person committing the act, and both
the defendant and the victim are at the time confined in a state
hospital for the care and treatment of the mentally disordered or in
any other public or private facility for the care and treatment of
the mentally disordered approved by a county mental health director,
shall be punished by imprisonment in the state prison, or in a county
jail for not more than one year. Notwithstanding the existence of a
conservatorship pursuant to the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code), the prosecuting attorney shall prove, as an
element of the crime, that a mental disorder or developmental or
physical disability rendered the alleged victim incapable of giving
legal consent.
   (i) Any person who commits an act of sodomy, where the victim is
prevented from resisting by an intoxicating or anesthetic substance,
or any controlled substance, and this condition was known, or
reasonably should have been known by the accused, shall be punished
by imprisonment in the state prison for three, six, or eight years.
   (j) Any person who commits an act of sodomy, where the victim
submits under the belief that the person committing the act is the
victim's spouse, and this belief is induced by any artifice,
pretense, or concealment practiced by the accused, with intent to
induce the belief, shall be punished by imprisonment in the state
prison for three, six, or eight years.
   (k) Any person who commits an act of sodomy, where the act is
accomplished against the victim's will by threatening to use the
authority of a public official to incarcerate, arrest, or deport the
victim or another, and the victim has a reasonable belief that the
perpetrator is a public official, shall be punished by imprisonment
in the state prison for three, six, or eight years.
   As used in this subdivision, "public official" means a person
employed by a governmental agency who has the authority, as part of
that position, to incarcerate, arrest, or deport another. The
perpetrator does not actually have to be a public official.
   () As used in subdivisions (c) and (d), "threatening to retaliate"
means a threat to kidnap or falsely imprison, or inflict extreme
pain, serious bodily injury, or death.
   (m) In addition to any punishment imposed under this section, the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates this section, with the proceeds of this fine
to be used in accordance with Section 1463.23. The court, however,
shall take into consideration the defendant's ability to pay, and no
defendant shall be denied probation because of his or her inability
to pay the fine permitted under this subdivision.
   (n) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 153.  Section 286.5 of the Penal Code is amended to read:
   286.5.  Any person who sexually assaults any animal protected by
Section 597f for the purpose of arousing or gratifying the sexual
desire of the person is guilty of a misdemeanor or, on or after the
operative date of an applicable rule or rules proposed by the
California Sentencing Commission, shall be punished as provided in
the applicable sentencing rules.
  SEC. 154.  Section 288 of the Penal Code is amended to read:
   288.  (a) Any person who willfully and lewdly commits any lewd or
lascivious act, including any of the acts constituting other crimes
provided for in Part 1, upon or with the body, or any part or member
thereof, of a child who is under the age of 14 years, with the intent
of arousing, appealing to, or gratifying the lust, passions, or
sexual desires of that person or the child, is guilty of a felony and
shall be punished by imprisonment in the state prison for three,
six, or eight years.
   (b) (1) Any person who commits an act described in subdivision (a)
by use of force, violence, duress, menace, or fear of immediate and
unlawful bodily injury on the victim or another person, is guilty of
a felony and shall be punished by imprisonment in the state prison
for three, six, or eight years.
   (2) Any person who is a caretaker and commits an act described in
subdivision (a) upon a dependent person by use of force, violence,
duress, menace, or fear of immediate and unlawful bodily injury on
the victim or another person, with the intent described in
subdivision (a), is guilty of a felony and shall be punished by
imprisonment in the state prison for three, six, or eight years.
   (c) (1) Any person who commits an act described in subdivision (a)
with the intent described in that subdivision, and the victim is a
child of 14 or 15 years, and that person is at least 10 years older
than the child, is guilty of a public offense and shall be punished
by imprisonment in the state prison for one, two, or three years, or
by imprisonment in a county jail for not more than one year. In
determining whether the person is at least 10 years older than the
child, the difference in age shall be measured from the birth date of
the person to the birth date of the child.
   (2) Any person who is a caretaker and commits an act described in
subdivision (a) upon a dependent person, with the intent described in
subdivision (a), is guilty of a public offense and shall be punished
by imprisonment in the state prison for one, two, or three years, or
by imprisonment in a county jail for not more than one year.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (e) In any arrest or prosecution under this section or Section
288.5, the peace officer, district attorney, and the court shall
consider the needs of the child victim or dependent person and shall
do whatever is necessary, within existing budgetary resources, and
constitutionally permissible to prevent psychological harm to the
child victim or to prevent psychological harm to the dependent person
victim resulting from participation in the court process.
   (f) Upon the conviction of any person for a violation of
subdivision (a) or (b), the court may, in addition to any other
penalty or fine imposed, order the defendant to pay an additional
fine not to exceed ten thousand dollars ($10,000). In setting the
amount of the fine, the court shall consider any relevant factors,
including, but not limited to, the seriousness and gravity of the
offense, the circumstances of its commission, whether the defendant
derived any economic gain as a result of the crime, and the extent to
which the victim suffered economic losses as a result of the crime.
Every fine imposed and collected under this section shall be
deposited in the Victim-Witness Assistance Fund to be available for
appropriation to fund child sexual exploitation and child sexual
abuse victim counseling centers and prevention programs pursuant to
Section 13837.
   If the court orders a fine imposed pursuant to this subdivision,
the actual administrative cost of collecting that fine, not to exceed
2 percent of the total amount paid, may be paid into the general
fund of the county treasury for the use and benefit of the county.
   (g) For purposes of paragraph (2) of subdivision (b) and paragraph
(2) of subdivision (c), the following definitions apply:
   (1) "Caretaker" means an owner, operator, administrator, employee,
independent contractor, agent, or volunteer of any of the following
public or private facilities when the facilities provide care for
elder or dependent persons:
   (A) Twenty-four hour health facilities, as defined in Sections
1250, 1250.2, and 1250.3 of the Health and Safety Code.
   (B) Clinics.
   (C) Home health agencies.
   (D) Adult day health care centers.
   (E) Secondary schools that serve dependent persons and
postsecondary educational institutions that serve dependent persons
or elders.
   (F) Sheltered workshops.
   (G) Camps.
   (H) Community care facilities, as defined by Section 1402 of the
Health and Safety Code, and residential care facilities for the
elderly, as defined in Section 1569.2 of the Health and Safety Code.
   (I) Respite care facilities.
   (J) Foster homes.
   (K) Regional centers for persons with developmental disabilities.
   (L) A home health agency licensed in accordance with Chapter 8
(commencing with Section 1725) of Division 2 of the Health and Safety
Code.
   (M) An agency that supplies in-home supportive services.
   (N) Board and care facilities.
   (O) Any other protective or public assistance agency that provides
health services or social services to elder or dependent persons,
including, but not limited to, in-home supportive services, as
defined in Section 14005.14 of the Welfare and Institutions Code.
   (P) Private residences.
   (2) "Board and care facilities" means licensed or unlicensed
facilities that provide assistance with one or more of the following
activities:
   (A) Bathing.
   (B) Dressing.
   (C) Grooming.
   (D) Medication storage.
   (E) Medical dispensation.
   (F) Money management.
   (3) "Dependent person" means any person who has a physical or
mental impairment that substantially restricts his or her ability to
carry out normal activities or to protect his or her rights,
including, but not limited to, persons who have physical or
developmental disabilities or whose physical or mental abilities have
significantly diminished because of age. "Dependent person" includes
any person who is admitted as an inpatient to a 24-hour health
facility, as defined in Sections 1250, 1250.2, and 1250.3 of the
Health and Safety Code.
   (h) Paragraph (2) of subdivision (b) and paragraph (2) of
subdivision (c) apply to the owners, operators, administrators,
employees, independent contractors, agents, or volunteers working at
these public or private facilities and only to the extent that the
individuals personally commit, conspire, aid, abet, or facilitate any
act prohibited by paragraph (2) of subdivision (b) and paragraph (2)
of subdivision (c).
   (i) Paragraph (2) of subdivision (b) and paragraph (2) of
subdivision (c) do not apply to a caretaker who is a spouse of, or
who is in an equivalent domestic relationship with, the dependent
person under care.
  SEC. 155.  Section 288a of the Penal Code is amended to read:
   288a.  (a) Oral copulation is the act of copulating the mouth of
one person with the sexual organ or anus of another person.
   (b) (1) Except as provided in Section 288, any person who
participates in an act of oral copulation with another person who is
under 18 years of age shall be punished by imprisonment in the state
prison, or in a county jail for a period of not more than one year.
   (2) Except as provided in Section 288, any person over the age of
21 years who participates in an act of oral copulation with another
person who is under 16 years of age is guilty of a felony.
   (c) (1) Any person who participates in an act of oral copulation
with another person who is under 14 years of age and more than 10
years younger than he or she shall be punished by imprisonment in the
state prison for three, six, or eight years.
   (2) Any person who commits an act of oral copulation when the act
is accomplished against the victim's will by means of force,
violence, duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person shall be punished by
imprisonment in the state prison for three, six, or eight years.
   (3) Any person who commits an act of oral copulation where the act
is accomplished against the victim's will by threatening to
retaliate in the future against the victim or any other person, and
there is a reasonable possibility that the perpetrator will execute
the threat, shall be punished by imprisonment in the state prison for
three, six, or eight years.
   (d) Any person who, while voluntarily acting in concert with
another person, either personally or by aiding and abetting that
other person, commits an act of oral copulation (1) when the act is
accomplished against the victim's will by means of force or fear of
immediate and unlawful bodily injury on the victim or another person,
or (2) where the act is accomplished against the victim's will by
threatening to retaliate in the future against the victim or any
other person, and there is a reasonable possibility that the
perpetrator will execute the threat, or (3) where the victim is at
the time incapable, because of a mental disorder or developmental or
physical disability, of giving legal consent, and this is known or
reasonably should be known to the person committing the act, shall be
punished by imprisonment in the state prison for five, seven, or
nine years. Notwithstanding the appointment of a conservator with
respect to the victim pursuant to the provisions of the
Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of
Division 5 of the Welfare and Institutions Code), the prosecuting
attorney shall prove, as an element of the crime described under
paragraph (3), that a mental disorder or developmental or physical
disability rendered the alleged victim incapable of giving legal
consent.
   (e) Any person who participates in an act of oral copulation while
confined in any state prison, as defined in Section 4504 or in any
local detention facility as defined in Section 6031.4, shall be
punished by imprisonment in the state prison, or in a county jail for
a period of not more than one year.
   (f) Any person who commits an act of oral copulation, and the
victim is at the time unconscious of the nature of the act and this
is known to the person committing the act, shall be punished by
imprisonment in the state prison for a period of three, six, or eight
years. As used in this subdivision, "unconscious of the nature of
the act" means incapable of resisting because the victim meets one of
the following conditions:
   (1) Was unconscious or asleep.
   (2) Was not aware, knowing, perceiving, or cognizant that the act
occurred.
   (3) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's fraud
in fact.
   (4) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's
fraudulent representation that the oral copulation served a
professional purpose when it served no professional purpose.
   (g) Except as provided in subdivision (h), any person who commits
an act of oral copulation, and the victim is at the time incapable,
because of a mental disorder or developmental or physical disability,
of giving legal consent, and this is known or reasonably should be
known to the person committing the act, shall be punished by
imprisonment in the state prison, for three, six, or eight years.
Notwithstanding the existence of a conservatorship pursuant to the
provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with
Section 5000) of Division 5 of the Welfare and Institutions Code),
the prosecuting attorney shall prove, as an element of the crime,
that a mental disorder or developmental or physical disability
rendered the alleged victim incapable of giving consent.
   (h) Any person who commits an act of oral copulation, and the
victim is at the time incapable, because of a mental disorder or
developmental or physical disability, of giving legal consent, and
this is known or reasonably should be known to the person committing
the act, and both the defendant and the victim are at the time
confined in a state hospital for the care and treatment of the
mentally disordered or in any other public or private facility for
the care and treatment of the mentally disordered approved by a
county mental health director, shall be punished by imprisonment in
the state prison, or in a county jail for a period of not more than
one year. Notwithstanding the existence of a conservatorship pursuant
to the provisions of the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code), the prosecuting attorney shall prove, as an
element of the crime, that a mental disorder or developmental or
physical disability rendered the alleged victim incapable of giving
legal consent.
   (i) Any person who commits an act of oral copulation, where the
victim is prevented from resisting by any intoxicating or anesthetic
substance, or any controlled substance, and this condition was known,
or reasonably should have been known by the accused, shall be
punished by imprisonment in the state prison for a period of three,
six, or eight years.
   (j) Any person who commits an act of oral copulation, where the
victim submits under the belief that the person committing the act is
the victim's spouse, and this belief is induced by any artifice,
pretense, or concealment practiced by the accused, with intent to
induce the belief, shall be punished by imprisonment in the state
prison for a period of three, six, or eight years.
   (k) Any person who commits an act of oral copulation, where the
act is accomplished against the victim's will by threatening to use
the authority of a public official to incarcerate, arrest, or deport
the victim or another, and the victim has a reasonable belief that
the perpetrator is a public official, shall be punished by
imprisonment in the state prison for a period of three, six, or eight
years.
   As used in this subdivision, "public official" means a person
employed by a governmental agency who has the authority, as part of
that position, to incarcerate, arrest, or deport another. The
perpetrator does not actually have to be a public official.
   () Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (m) As used in subdivisions (c) and (d), "threatening to retaliate"
means a threat to kidnap or falsely imprison, or to inflict extreme
pain, serious bodily injury, or death.
   (n) In addition to any punishment imposed under this section, the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates this section, with the proceeds of this fine
to be used in accordance with Section 1463.23. The court shall,
however, take into consideration the defendant's ability to pay, and
no defendant shall be denied probation because of his or her
inability to pay the fine permitted under this subdivision.
  SEC. 156.  Section 288.2 of the Penal Code is amended to read:
   288.2.  (a) Every person who, with knowledge that a person is a
minor, or who fails to exercise reasonable care in ascertaining the
true age of a minor, knowingly distributes, sends, causes to be sent,
exhibits, or offers to distribute or exhibit by any means,
including, but not limited to, live or recorded telephone messages,
any harmful matter, as defined in Section 313, to a minor with the
intent of arousing, appealing to, or gratifying the lust or passions
or sexual desires of that person or of a minor, and with the intent
or for the purpose of seducing a minor, is guilty of a public offense
and shall be punished by imprisonment in the state prison or in a
county jail.
   A person convicted of a second and any subsequent conviction for a
violation of this section is guilty of a felony.
   (b) Every person who, with knowledge that a person is a minor,
knowingly distributes, sends, causes to be sent, exhibits, or offers
to distribute or exhibit by electronic mail, the Internet, as defined
in Section 17538 of the Business and Professions Code, or a
commercial online service, any harmful matter, as defined in Section
313, to a minor with the intent of arousing, appealing to, or
gratifying the lust or passions or sexual desires of that person or
of a minor, and with the intent, or for the purpose of seducing a
minor, is guilty of a public offense and shall be punished by
imprisonment in the state prison or in a county jail.
   A person convicted of a second and any subsequent conviction for a
violation of this section is guilty of a felony.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (d) It shall be a defense to any prosecution under this section
that a parent or guardian committed the act charged in aid of
legitimate sex education.
              (e) It shall be a defense in any prosecution under this
section that the act charged was committed in aid of legitimate
scientific or educational purposes.
   (f) It does not constitute a violation of this section for a
telephone corporation, as defined in Section 234 of the Public
Utilities Code, a cable television company franchised pursuant to
Section 53066 of the Government Code, or any of its affiliates, an
Internet service provider, or commercial online service provider, to
carry, broadcast, or transmit messages described in this section or
perform related activities in providing telephone, cable television,
Internet, or commercial online services.
  SEC. 157.  Section 288.3 of the Penal Code, as added by Section 7
of Chapter 337 of the Statutes of 2006, is amended to read:
   288.3.  (a) (1) Every person who, motivated by an unnatural or
abnormal sexual interest in children, arranges a meeting with a minor
or a person he or she believes to be a minor for the purpose of
exposing his or her genitals or pubic or rectal area, having the
child expose his or her genitals or pubic or rectal area, or engaging
in lewd or lascivious behavior, shall be punished by a fine not
exceeding five thousand dollars ($5,000), by imprisonment in a county
jail not exceeding one year, or by both the fine and imprisonment.
   (2) Every person who violates this subdivision after a prior
conviction for an offense listed in subparagraph (A) of paragraph (2)
of subdivision (a) of Section 290 shall be punished by imprisonment
in the state prison.
   (b) Every person described in paragraph (1) of subdivision (a) who
goes to the arranged meeting place at or about the arranged time,
shall be punished by imprisonment in the state prison for two, three,
or four years.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (d) Nothing in this section shall preclude or prohibit prosecution
under any other provision of law.
  SEC. 158.  Section 288.5 of the Penal Code is amended to read:
   288.5.  (a) Any person who either resides in the same home with
the minor child or has recurring access to the child, who over a
period of time, not less than three months in duration, engages in
three or more acts of substantial sexual conduct with a child under
the age of 14 years at the time of the commission of the offense, as
defined in subdivision (b) of Section 1203.066, or three or more acts
of lewd or lascivious conduct, as defined in Section 288, with a
child under the age of 14 years at the time of the commission of the
offense is guilty of the offense of continuous sexual abuse of a
child and shall be punished by imprisonment in the state prison for a
term of 6, 12, or 16 years.
   (b) To convict under this section the trier of fact, if a jury,
need unanimously agree only that the requisite number of acts
occurred not on which acts constitute the requisite number.
   (c) No other act of substantial sexual conduct, as defined in
subdivision (b) of Section 1203.066, with a child under 14 years of
age at the time of the commission of the offenses, or lewd and
lascivious acts, as defined in Section 288, involving the same victim
may be charged in the same proceeding with a charge under this
section unless the other charged offense occurred outside the time
period charged under this section or the other offense is charged in
the alternative. A defendant may be charged with only one count under
this section unless more than one victim is involved in which case a
separate count may be charged for each victim.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 159.  Section 288.7 of the Penal Code is amended to read:
   288.7.  (a) Any person 18 years of age or older who engages in
sexual intercourse or sodomy with a child who is 10 years of age or
younger is guilty of a felony and shall be punished by imprisonment
in the state prison for a term of 25 years to life.
   (b) Any person 18 years of age or older who engages in oral
copulation or sexual penetration, as defined in Section 289, with a
child who is 10 years of age or younger is guilty of a felony and
shall be punished by imprisonment in the state prison for a term of
15 years to life.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 160.  Section 289 of the Penal Code is amended to read:
   289.  (a) (1) Any person who commits an act of sexual penetration
when the act is accomplished against the victim's will by means of
force, violence, duress, menace, or fear of immediate and unlawful
bodily injury on the victim or another person shall be punished by
imprisonment in the state prison for three, six, or eight years.
   (2) Any person who commits an act of sexual penetration when the
act is accomplished against the victim's will by threatening to
retaliate in the future against the victim or any other person, and
there is a reasonable possibility that the perpetrator will execute
the threat, shall be punished by imprisonment in the state prison for
three, six, or eight years.
   (b) Except as provided in subdivision (c), any person who commits
an act of sexual penetration, and the victim is at the time
incapable, because of a mental disorder or developmental or physical
disability, of giving legal consent, and this is known or reasonably
should be known to the person committing the act or causing the act
to be committed, shall be punished by imprisonment in the state
prison for three, six, or eight years. Notwithstanding the
appointment of a conservator with respect to the victim pursuant to
the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing
with Section 5000) of Division 5 of the Welfare and Institutions
Code), the prosecuting attorney shall prove, as an element of the
crime, that a mental disorder or developmental or physical disability
rendered the alleged victim incapable of giving legal consent.
   (c) Any person who commits an act of sexual penetration, and the
victim is at the time incapable, because of a mental disorder or
developmental or physical disability, of giving legal consent, and
this is known or reasonably should be known to the person committing
the act or causing the act to be committed and both the defendant and
the victim are at the time confined in a state hospital for the care
and treatment of the mentally disordered or in any other public or
private facility for the care and treatment of the mentally
disordered approved by a county mental health director, shall be
punished by imprisonment in the state prison, or in a county jail for
a period of not more than one year. Notwithstanding the existence of
a conservatorship pursuant to the provisions of the
Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of
Division 5 of the Welfare and Institutions Code), the prosecuting
attorney shall prove, as an element of the crime, that a mental
disorder or developmental or physical disability rendered the alleged
victim incapable of giving legal consent.
   (d) Any person who commits an act of sexual penetration, and the
victim is at the time unconscious of the nature of the act and this
is known to the person committing the act or causing the act to be
committed, shall be punished by imprisonment in the state prison for
three, six, or eight years. As used in this subdivision, "unconscious
of the nature of the act" means incapable of resisting because the
victim meets one of the following conditions:
   (1) Was unconscious or asleep.
   (2) Was not aware, knowing, perceiving, or cognizant that the act
occurred.
   (3) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's fraud
in fact.
   (4) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's
fraudulent representation that the sexual penetration served a
professional purpose when it served no professional purpose.
   (e) Any person who commits an act of sexual penetration when the
victim is prevented from resisting by any intoxicating or anesthetic
substance, or any controlled substance, and this condition was known,
or reasonably should have been known by the accused, shall be
punished by imprisonment in the state prison for a period of three,
six, or eight years.
   (f) Any person who commits an act of sexual penetration when the
victim submits under the belief that the person committing the act or
causing the act to be committed is the victim's spouse, and this
belief is induced by any artifice, pretense, or concealment practiced
by the accused, with intent to induce the belief, shall be punished
by imprisonment in the state prison for a period of three, six, or
eight years.
   (g) Any person who commits an act of sexual penetration when the
act is accomplished against the victim's will by threatening to use
the authority of a public official to incarcerate, arrest, or deport
the victim or another, and the victim has a reasonable belief that
the perpetrator is a public official, shall be punished by
imprisonment in the state prison for a period of three, six, or eight
years.
   As used in this subdivision, "public official" means a person
employed by a governmental agency who has the authority, as part of
that position, to incarcerate, arrest, or deport another. The
perpetrator does not actually have to be a public official.
   (h) Except as provided in Section 288, any person who participates
in an act of sexual penetration with another person who is under 18
years of age shall be punished by imprisonment in the state prison or
in the county jail for a period of not more than one year.
   (i) Except as provided in Section 288, any person over the age of
21 years who participates in an act of sexual penetration with
another person who is under 16 years of age shall be guilty of a
felony.
   (j) Any person who participates in an act of sexual penetration
with another person who is under 14 years of age and who is more than
10 years younger than he or she shall be punished by imprisonment in
the state prison for three, six, or eight years.
   (k) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (l) As used in this section:
   (1) "Sexual penetration" is the act of causing the penetration,
however slight, of the genital or anal opening of any person or
causing another person to so penetrate the defendant's or another
person's genital or anal opening for the purpose of sexual arousal,
gratification, or abuse by any foreign object, substance, instrument,
or device, or by any unknown object.
   (2) "Foreign object, substance, instrument, or device" shall
include any part of the body, except a sexual organ.
   (3) "Unknown object" shall include any foreign object, substance,
instrument, or device, or any part of the body, including a penis,
when it is not known whether penetration was by a penis or by a
foreign object, substance, instrument, or device, or by any other
part of the body.
    (m) As used in subdivision (a), "threatening to retaliate" means
a threat to kidnap or falsely imprison, or inflict extreme pain,
serious bodily injury or death.
   (n) As used in this section, "victim" includes any person who the
defendant causes to penetrate the genital or anal opening of the
defendant or another person or whose genital or anal opening is
caused to be penetrated by the defendant or another person and who
otherwise qualifies as a victim under the requirements of this
section.
  SEC. 161.  Section 289.5 of the Penal Code is amended to read:
   289.5.  (a) Every person who flees to this state with the intent
to avoid prosecution for an offense which, if committed or attempted
in this state, would have been punishable as one or more of the
offenses described in subparagraph (A) of paragraph (2) of
subdivision (a) of Section 290, and who has been charged with that
offense under the laws of the jurisdiction from which the person
fled, is guilty of a misdemeanor.
   (b) Every person who flees to this state with the intent to avoid
custody or confinement imposed for conviction of an offense under the
laws of the jurisdiction from which the person fled, which offense,
if committed or attempted in this state, would have been punishable
as one or more of the offenses described in subparagraph (A) of
paragraph (2) of subdivision (a) of Section 290, is guilty of a
misdemeanor.
   (c) No person shall be charged and prosecuted for an offense under
this section unless the prosecutor has requested the other
jurisdiction to extradite the person and the other jurisdiction has
refused to do so.
   (d) Any person who is convicted of any felony sex offense
described in subparagraph (A) of paragraph (2) of subdivision (a) of
Section 290, that is committed after fleeing to this state under the
circumstances described in subdivision (a) or (b) of this section,
shall, in addition and consecutive to the punishment for that
conviction, receive an additional term of two years' imprisonment.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 162.  Section 289.6 of the Penal Code is amended to read:
   289.6.  (a) (1) An employee or officer of a public entity health
facility, or an employee, officer, or agent of a private person or
entity that provides a health facility or staff for a health facility
under contract with a public entity, who engages in sexual activity
with a consenting adult who is confined in a health facility is
guilty of a public offense. As used in this paragraph, "health
facility" means a health facility as defined in subdivisions (b),
(e), (g), (h), and (j), and subparagraph (C) of paragraph (2) of
subdivision (i) of Section 1250 of the Health and Safety Code, in
which the victim has been confined involuntarily.
   (2) An employee or officer of a public entity detention facility,
or an employee, officer, or agent of a private person or entity that
provides a detention facility or staff for a detention facility, or
person or agent of a public or private entity under contract with a
detention facility, or a volunteer of a private or public entity
detention facility, who engages in sexual activity with a consenting
adult who is confined in a detention facility, is guilty of a public
offense.
   (3) An employee with the Department of Corrections and
Rehabilitation or a facility under contract with the department, who,
during the course of his or her employment directly provides
treatment, care, control, or supervision of inmates, wards, or
parolees, and who engages in sexual activity with a consenting adult
who is an inmate, ward, or parolee, is guilty of a public offense.
   (b) As used in this section, the term "public entity" means the
state, federal government, a city, a county, a city and county, a
joint county jail district, or any entity created as a result of a
joint powers agreement between two or more public entities.
   (c) As used in this section, the term "detention facility" means:
   (1) A prison, jail, camp, or other correctional facility used for
the confinement of adults or both adults and minors.
   (2) A building or facility used for the confinement of adults or
adults and minors pursuant to a contract with a public entity.
   (3) A room that is used for holding persons for interviews,
interrogations, or investigations and that is separate from a jail or
located in the administrative area of a law enforcement facility.
   (4) A vehicle used to transport confined persons during their
period of confinement.
   (5) A court holding facility located within or adjacent to a court
building that is used for the confinement of persons for the purpose
of court appearances.
   (d) As used in this section, "sexual activity" means:
   (1) Sexual intercourse.
   (2) Sodomy, as defined in subdivision (a) of Section 286.
   (3) Oral copulation, as defined in subdivision (a) of Section
288a.
   (4) Sexual penetration, as defined in subdivision (k) of Section
289.
   (5) The rubbing or touching of the breasts or sexual organs of
another, or of oneself in the presence of and with knowledge of
another, with the intent of arousing, appealing to, or gratifying the
lust, passions, or sexual desires of oneself or another.
   (e) Consent by a confined person or parolee to sexual activity
proscribed by this section is not a defense to a criminal prosecution
for violation of this section.
   (f) This section does not apply to sexual activity between
consenting adults that occurs during an overnight conjugal visit that
takes place pursuant to a court order or with the written approval
of an authorized representative of the public entity that operates or
contracts for the operation of the detention facility where the
conjugal visit takes place, to physical contact or penetration made
pursuant to a lawful search, or bona fide medical examinations or
treatments, including clinical treatments.
   (g) Any violation of paragraph (1) of subdivision (a), or a
violation of paragraph (2) or (3) of subdivision (a) as described in
paragraph (5) of subdivision (d), is a misdemeanor.
   (h) Any violation of paragraph (2) or (3) of subdivision (a), as
described in paragraph (1), (2), (3), or (4) of subdivision (d),
shall be punished by imprisonment in a county jail not exceeding one
year, or in the state prison, or by a fine of not more than ten
thousand dollars ($10,000) or by both that fine and imprisonment.
   (i) Any person previously convicted of a violation of this section
shall, upon a subsequent violation, be guilty of a felony.
   (j) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (k) Anyone who is convicted of a felony violation of this section
who is employed by a department, board, or authority within the
department shall be terminated in accordance with the State Civil
Service Act (Part 2 (commencing with Section 18500) of Title 2 of
Division 5 of the Government Code). Anyone who has been convicted of
a felony violation of this section shall not be eligible to be hired
or reinstated by the department.
  SEC. 163.  Section 311.1 of the Penal Code is amended to read:
   311.1.  (a) Every person who knowingly sends or causes to be sent,
or brings or causes to be brought, into this state for sale or
distribution, or in this state possesses, prepares, publishes,
produces, develops, duplicates, or prints any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film or filmstrip, with intent to distribute or to
exhibit to, or to exchange with, others, or who offers to distribute,
distributes, or exhibits to, or exchanges with, others, any obscene
matter, knowing that the matter depicts a person under the age of 18
years personally engaging in or personally simulating sexual conduct,
as defined in Section 311.4, shall be punished either by
imprisonment in the county jail for up to one year, by a fine not to
exceed one thousand dollars ($1,000), or by both the fine and
imprisonment, or by imprisonment in the state prison, by a fine not
to exceed ten thousand dollars ($10,000), or by the fine and
imprisonment.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) This section does not apply to the activities of law
enforcement and prosecuting agencies in the investigation and
prosecution of criminal offenses or to legitimate medical,
scientific, or educational activities, or to lawful conduct between
spouses.
   (d) This section does not apply to matter which depicts a child
under the age of 18, which child is legally emancipated, including
lawful conduct between spouses when one or both are under the age of
18.
   (e) It does not constitute a violation of this section for a
telephone corporation, as defined by Section 234 of the Public
Utilities Code, to carry or transmit messages described in this
chapter or perform related activities in providing telephone
services.
  SEC. 164.  Section 311.2 of the Penal Code is amended to read:
   311.2.  (a) Every person who knowingly sends or causes to be sent,
or brings or causes to be brought, into this state for sale or
distribution, or in this state possesses, prepares, publishes,
produces, or prints, with intent to distribute or to exhibit to
others, or who offers to distribute, distributes, or exhibits to
others, any obscene matter is for a first offense, guilty of a
misdemeanor. If the person has previously been convicted of any
violation of this section, the court may, in addition to the
punishment authorized in Section 311.9, impose a fine not exceeding
fifty thousand dollars ($50,000).
   (b) Every person who knowingly sends or causes to be sent, or
brings or causes to be brought, into this state for sale or
distribution, or in this state possesses, prepares, publishes,
produces, develops, duplicates, or prints any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film or filmstrip, with intent to distribute or to
exhibit to, or to exchange with, others for commercial consideration,
or who offers to distribute, distributes, or exhibits to, or
exchanges with, others for commercial consideration, any obscene
matter, knowing that the matter depicts a person under the age of 18
years personally engaging in or personally simulating sexual conduct,
as defined in Section 311.4, is guilty of a felony and shall be
punished by imprisonment in the state prison for two, three, or six
years, or by a fine not exceeding one hundred thousand dollars
($100,000), in the absence of a finding that the defendant would be
incapable of paying that fine, or by both that fine and imprisonment.

   (c) Every person who knowingly sends or causes to be sent, or
brings or causes to be brought, into this state for sale or
distribution, or in this state possesses, prepares, publishes,
produces, develops, duplicates, or prints any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film or filmstrip, with intent to distribute or
exhibit to, or to exchange with, a person 18 years of age or older,
or who offers to distribute, distributes, or exhibits to, or
exchanges with, a person 18 years of age or older any matter, knowing
that the matter depicts a person under the age of 18 years
personally engaging in or personally simulating sexual conduct, as
defined in Section 311.4, shall be punished by imprisonment in the
county jail for up to one year, or by a fine not exceeding two
thousand dollars ($2,000), or by both that fine and imprisonment, or
by imprisonment in the state prison. It is not necessary to prove
commercial consideration or that the matter is obscene in order to
establish a violation of this subdivision. If a person has been
previously convicted of a violation of this subdivision, he or she is
guilty of a felony.
   (d) Every person who knowingly sends or causes to be sent, or
brings or causes to be brought, into this state for sale or
distribution, or in this state possesses, prepares, publishes,
produces, develops, duplicates, or prints any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film or filmstrip, with intent to distribute or
exhibit to, or to exchange with, a person under 18 years of age, or
who offers to distribute, distributes, or exhibits to, or exchanges
with, a person under 18 years of age any matter, knowing that the
matter depicts a person under the age of 18 years personally engaging
in or personally simulating sexual conduct, as defined in Section
311.4, is guilty of a felony. It is not necessary to prove commercial
consideration or that the matter is obscene in order to establish a
violation of this subdivision.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (f) Subdivisions (a) to (d), inclusive, do not apply to the
activities of law enforcement and prosecuting agencies in the
investigation and prosecution of criminal offenses, to legitimate
medical, scientific, or educational activities, or to lawful conduct
between spouses.
   (g) This section does not apply to matter that depicts a legally
emancipated child under the age of 18 years or to lawful conduct
between spouses when one or both are under the age of 18 years.
   (h) It does not constitute a violation of this section for a
telephone corporation, as defined by Section 234 of the Public
Utilities Code, to carry
      or transmit messages described in this chapter or to perform
related activities in providing telephone services.
  SEC. 165.  Section 311.3 of the Penal Code is amended to read:
   311.3.  (a) A person is guilty of sexual exploitation of a child
if he or she knowingly develops, duplicates, prints, or exchanges any
representation of information, data, or image, including, but not
limited to, any film, filmstrip, photograph, negative, slide,
photocopy, videotape, video laser disc, computer hardware, computer
software, computer floppy disc, data storage media, CD-ROM, or
computer-generated equipment or any other computer-generated image
that contains or incorporates in any manner, any film or filmstrip
that depicts a person under the age of 18 years engaged in an act of
sexual conduct.
   (b) As used in this section, "sexual conduct" means any of the
following:
   (1) Sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite sex or between humans and animals.
   (2) Penetration of the vagina or rectum by any object.
   (3) Masturbation for the purpose of sexual stimulation of the
viewer.
   (4) Sadomasochistic abuse for the purpose of sexual stimulation of
the viewer.
   (5) Exhibition of the genitals or the pubic or rectal area of any
person for the purpose of sexual stimulation of the viewer.
   (6) Defecation or urination for the purpose of sexual stimulation
of the viewer.
   (c) Subdivision (a) does not apply to the activities of law
enforcement and prosecution agencies in the investigation and
prosecution of criminal offenses or to legitimate medical,
scientific, or educational activities, or to lawful conduct between
spouses.
   (d) Every person who violates subdivision (a) shall be punished by
a fine of not more than two thousand dollars ($2,000) or by
imprisonment in a county jail for not more than one year, or by both
that fine and imprisonment. If the person has been previously
convicted of a violation of subdivision (a) or any section of this
chapter, he or she shall be punished by imprisonment in the state
prison.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (f) The provisions of this section do not apply to an employee of
a commercial film developer who is acting within the scope of his or
her employment and in accordance with the instructions of his or her
employer, provided that the employee has no financial interest in the
commercial developer by which he or she is employed.
   (g) Subdivision (a) does not apply to matter that is unsolicited
and is received without knowledge or consent through a facility,
system, or network over which the person or entity has no control.
  SEC. 166.  Section 311.4 of the Penal Code is amended to read:
   311.4.  (a) Every person who, with knowledge that a person is a
minor, or who, while in possession of any facts on the basis of which
he or she should reasonably know that the person is a minor, hires,
employs, or uses the minor to do or assist in doing any of the acts
described in Section 311.2, shall be punished by imprisonment in the
county jail for up to one year, or by a fine not exceeding two
thousand dollars ($2,000), or by both that fine and imprisonment, or
by imprisonment in the state prison. If the person has previously
been convicted of any violation of this section, the court may, in
addition to the punishment authorized in Section 311.9, impose a fine
not exceeding fifty thousand dollars ($50,000).
   (b) Every person who, with knowledge that a person is a minor
under the age of 18 years, or who, while in possession of any facts
on the basis of which he or she should reasonably know that the
person is a minor under the age of 18 years, knowingly promotes,
employs, uses, persuades, induces, or coerces a minor under the age
of 18 years, or any parent or guardian of a minor under the age of 18
years under his or her control who knowingly permits the minor, to
engage in or assist others to engage in either posing or modeling
alone or with others for purposes of preparing any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film, filmstrip, or a live performance involving,
sexual conduct by a minor under the age of 18 years alone or with
other persons or animals, for commercial purposes, is guilty of a
felony and shall be punished by imprisonment in the state prison for
three, six, or eight years.
   (c) Every person who, with knowledge that a person is a minor
under the age of 18 years, or who, while in possession of any facts
on the basis of which he or she should reasonably know that the
person is a minor under the age of 18 years, knowingly promotes,
employs, uses, persuades, induces, or coerces a minor under the age
of 18 years, or any parent or guardian of a minor under the age of 18
years under his or her control who knowingly permits the minor, to
engage in or assist others to engage in either posing or modeling
alone or with others for purposes of preparing any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film, filmstrip, or a live performance involving,
sexual conduct by a minor under the age of 18 years alone or with
other persons or animals, is guilty of a felony. It is not necessary
to prove commercial purposes in order to establish a violation of
this subdivision.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (e) (1) As used in subdivisions (b) and (c), "sexual conduct"
means any of the following, whether actual or simulated: sexual
intercourse, oral copulation, anal intercourse, anal oral copulation,
masturbation, bestiality, sexual sadism, sexual masochism,
penetration of the vagina or rectum by any object in a lewd or
lascivious manner, exhibition of the genitals or pubic or rectal area
for the purpose of sexual stimulation of the viewer, any lewd or
lascivious sexual act as defined in Section 288, or excretory
functions performed in a lewd or lascivious manner, whether or not
any of the above conduct is performed alone or between members of the
same or opposite sex or between humans and animals. An act is
simulated when it gives the appearance of being sexual conduct.
   (2) As used in subdivisions (b) and (c), "matter" means any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, or any other computer-related equipment or computer-generated
image that contains or incorporates in any manner, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, or
video laser disc.
   (f) This section does not apply to a legally emancipated minor or
to lawful conduct between spouses if one or both are under the age of
18.
   (g) In every prosecution under this section involving a minor
under the age of 14 years at the time of the offense, the age of the
victim shall be pled and proven for the purpose of the enhanced
penalty provided in Section 647.6. Failure to plead and prove that
the victim was under the age of 14 years at the time of the offense
is not a bar to prosecution under this section if it is proven that
the victim was under the age of 18 years at the time of the offense.
  SEC. 167.  Section 311.5 of the Penal Code is amended to read:
   311.5.  (a) Every person who writes, creates, or solicits the
publication or distribution of advertising or other promotional
material, or who in any manner promotes, the sale, distribution, or
exhibition of matter represented or held out by him to be obscene, is
guilty of a misdemeanor.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 168.  Section 311.6 of the Penal Code is amended to read:
   311.6.  (a) Every person who knowingly engages or participates in,
manages, produces, sponsors, presents or exhibits obscene live
conduct to or before an assembly or audience consisting of at least
one person or spectator in any public place or in any place exposed
to public view, or in any place open to the public or to a segment
thereof, whether or not an admission fee is charged, or whether or
not attendance is conditioned upon the presentation of a membership
card or other token, is guilty of a misdemeanor.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 169.  Section 311.7 of the Penal Code is amended to read:
   311.7.  (a) Every person who, knowingly, as a condition to a sale,
allocation, consignment, or delivery for resale of any paper,
magazine, book, periodical, publication or other merchandise,
requires that the purchaser or consignee receive any obscene matter
or who denies or threatens to deny a franchise, revokes or threatens
to revoke, or imposes any penalty, financial or otherwise, by reason
of the failure of any person to accept obscene matter, or by reason
of the return of such obscene matter, is guilty of a misdemeanor.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 170.  Section 311.9 of the Penal Code is amended to read:
   311.9.  (a) Every person who violates subdivision (a) of Section
311.2 or Section 311.5 is punishable by fine of not more than one
thousand dollars ($1,000) plus five dollars ($5) for each additional
unit of material coming within the provisions of this chapter, which
is involved in the offense, not to exceed ten thousand dollars
($10,000), or by imprisonment in the county jail for not more than
six months plus one day for each additional unit of material coming
within the provisions of this chapter, and which is involved in the
offense, not to exceed a total of 360 days in the county jail, or by
both that fine and imprisonment. If that person has previously been
convicted of any offense in this chapter, or of a violation of
Section 313.1, a violation of subdivision (a) of Section 311.2 or
Section 311.5 is punishable as a felony.
   (b) Every person who violates subdivision (a) of Section 311.4 is
punishable by fine of not more than two thousand dollars ($2,000) or
by imprisonment in the county jail for not more than one year, or by
both that fine and imprisonment, or by imprisonment in the state
prison. If that person has been previously convicted of a violation
of former Section 311.3 or Section 311.4 he or she is punishable by
imprisonment in the state prison.
   (c) Every person who violates Section 311.7 is punishable by fine
of not more than one thousand dollars ($1,000) or by imprisonment in
the county jail for not more than six months, or by both that fine
and imprisonment. For a second and subsequent offense he or she shall
be punished by a fine of not more than two thousand dollars
($2,000), or by imprisonment in the county jail for not more than one
year, or by both that fine and imprisonment. If the person has been
twice convicted of a violation of this chapter, a violation of
Section 311.7 is punishable as a felony.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 171.  Section 311.10 of the Penal Code is amended to read:
   311.10.  (a) Any person who advertises for sale or distribution
any obscene matter knowing that it depicts a person under the age of
18 years personally engaging in or personally simulating sexual
conduct, as defined in Section 311.4, is guilty of a felony and is
punishable by imprisonment in the state prison for two, three, or
four years, or in a county jail not exceeding one year, or by a fine
not exceeding fifty thousand dollars ($50,000), or by both that fine
and imprisonment.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) Subdivision (a) shall not apply to the activities of law
enforcement and prosecution agencies in the investigation and
prosecution of criminal offenses.
  SEC. 172.  Section 311.11 of the Penal Code is amended to read:
   311.11.  (a) Every person who knowingly possesses or controls any
matter, representation of information, data, or image, including, but
not limited to, any film, filmstrip, photograph, negative, slide,
photocopy, videotape, video laser disc, computer hardware, computer
software, computer floppy disc, data storage media, CD-ROM, or
computer-generated equipment or any other computer-generated image
that contains or incorporates in any manner, any film or filmstrip,
the production of which involves the use of a person under the age of
18 years, knowing that the matter depicts a person under the age of
18 years personally engaging in or simulating sexual conduct, as
defined in subdivision (d) of Section 311.4, is guilty of a felony
and shall be punished by imprisonment in the state prison, or a
county jail for up to one year, or by a fine not exceeding two
thousand five hundred dollars ($2,500), or by both the fine and
imprisonment.
   (b) Every person who commits a violation of subdivision (a), and
who has been previously convicted of a violation of this section, an
offense described in subparagraph (A) of paragraph (2) of subdivision
(a) of Section 290, or an attempt to commit any of the
above-mentioned offenses, is guilty of a felony and shall be punished
by imprisonment in the state prison for two, four, or six years.
   (c) It is not necessary to prove that the matter is obscene in
order to establish a violation of this section.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules, except that no sentencing rule shall
change any provision of this section that was specifically added by
voter initiative.
   (e) This section does not apply to drawings, figurines, statues,
or any film rated by the Motion Picture Association of America, nor
does it apply to live or recorded telephone messages when
transmitted, disseminated, or distributed as part of a commercial
transaction.
  SEC. 173.  Section 313.4 of the Penal Code is amended to read:
   313.4.  (a) Every person who violates Section 313.1, other than
subdivision (e), is punishable by fine of not more than two thousand
dollars ($2,000), by imprisonment in the county jail for not more
than one year, or by both that fine and imprisonment. However, if the
person has been previously convicted of a violation of Section
313.1, other than subdivision (e), or of any section of Chapter 7.5
(commencing with Section 311) of Title 9 of Part 1, the person shall
be punished by imprisonment in the state prison.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 174.  Section 314 of the Penal Code is amended to read:
   314.  (a) Every person who willfully and lewdly does either of the
following is guilty of a misdemeanor:

   (1) Exposes his person, or the private parts thereof, in any
public place, or in any place where there are present other persons
to be offended or annoyed thereby.
   (2) Procures, counsels, or assists any person so to expose himself
or take part in any model artist exhibition, or to make any other
exhibition of himself to public view, or the view of any number of
persons, such as is offensive to decency, or is adapted to excite to
vicious or lewd thoughts or acts.
   (b) Every person who violates paragraph (1) of subdivision (a)
after having entered, without consent, an inhabited dwelling house,
or trailer coach as defined in Section 635 of the Vehicle Code, or
the inhabited portion of any other building, is punishable by
imprisonment in the state prison, or in the county jail not exceeding
one year.
   (c) Upon the second and each subsequent conviction under paragraph
(1) of subdivision (a), or upon a first conviction of that paragraph
after a previous conviction under Section 288, every person so
convicted is guilty of a felony, and is punishable by imprisonment in
state prison.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 175.  Section 368 of the Penal Code is amended to read:
   368.  (a) The Legislature finds and declares that crimes against
elders and dependent adults are deserving of special consideration
and protection, not unlike the special protections provided for minor
children, because elders and dependent adults may be confused, on
various medications, mentally or physically impaired, or incompetent,
and therefore less able to protect themselves, to understand or
report criminal conduct, or to testify in court proceedings on their
own behalf.
   (b) (1) Any person who knows or reasonably should know that a
person is an elder or dependent adult and who, under circumstances or
conditions likely to produce great bodily harm or death, willfully
causes or permits any elder or dependent adult to suffer, or inflicts
thereon unjustifiable physical pain or mental suffering, or having
the care or custody of any elder or dependent adult, willfully causes
or permits the person or health of the elder or dependent adult to
be injured, or willfully causes or permits the elder or dependent
adult to be placed in a situation in which his or her person or
health is endangered, is punishable by imprisonment in a county jail
not exceeding one year, or by a fine not to exceed six thousand
dollars ($6,000), or by both that fine and imprisonment, or by
imprisonment in the state prison for two, three, or four years.
   (2) If in the commission of an offense described in paragraph (1),
the victim suffers great bodily injury, as defined in Section
12022.7, the defendant shall receive an additional term in the state
prison as follows:
   (A) Three years if the victim is under 70 years of age.
   (B) Five years if the victim is 70 years of age or older.
   (3) If in the commission of an offense described in paragraph (1),
the defendant proximately causes the death of the victim, the
defendant shall receive an additional term in the state prison as
follows:
   (A) Five years if the victim is under 70 years of age.
   (B) Seven years if the victim is 70 years of age or older.
   (c) Any person who knows or reasonably should know that a person
is an elder or dependent adult and who, under circumstances or
conditions other than those likely to produce great bodily harm or
death, willfully causes or permits any elder or dependent adult to
suffer, or inflicts thereon unjustifiable physical pain or mental
suffering, or having the care or custody of any elder or dependent
adult, willfully causes or permits the person or health of the elder
or dependent adult to be injured or willfully causes or permits the
elder or dependent adult to be placed in a situation in which his or
her person or health may be endangered, is guilty of a misdemeanor. A
second or subsequent violation of this subdivision is punishable by
a fine not to exceed two thousand dollars ($2,000), or by
imprisonment in a county jail not to exceed one year, or by both that
fine and imprisonment.
   (d) Any person who is not a caretaker who violates any provision
of law proscribing theft, embezzlement, forgery, or fraud, or who
violates Section 530.5 proscribing identity theft, with respect to
the property or personal identifying information of an elder or a
dependent adult, and who knows or reasonably should know that the
victim is an elder or a dependent adult, is punishable by
imprisonment in a county jail not exceeding one year, or in the state
prison for two, three, or four years, when the moneys, labor, goods,
services, or real or personal property taken or obtained is of a
value exceeding four hundred dollars ($400); and by a fine not
exceeding one thousand dollars ($1,000), by imprisonment in a county
jail not exceeding one year, or by both that fine and imprisonment,
when the moneys, labor, goods, services, or real or personal property
taken or obtained is of a value not exceeding four hundred dollars
($400).
   (e) Any caretaker of an elder or a dependent adult who violates
any provision of law proscribing theft, embezzlement, forgery, or
fraud, or who violates Section 530.5 proscribing identity theft, with
respect to the property or personal identifying information of that
elder or dependent adult, is punishable by imprisonment in a county
jail not exceeding one year, or in the state prison for two, three,
or four years when the moneys, labor, goods, services, or real or
personal property taken or obtained is of a value exceeding four
hundred dollars ($400), and by a fine not exceeding one thousand
dollars ($1,000), by imprisonment in a county jail not exceeding one
year, or by both that fine and imprisonment, when the moneys, labor,
goods, services, or real or personal property taken or obtained is of
a value not exceeding four hundred dollars ($400).
   (f) Any person who commits the false imprisonment of an elder or a
dependent adult by the use of violence, menace, fraud, or deceit is
punishable by imprisonment in the state prison for two, three, or
four years.
   (g) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (h) As used in this section, "elder" means any person who is 65
years of age or older.
   (i) As used in this section, "dependent adult" means any person
who is between the ages of 18 and 64, who has physical or mental
limitations which restrict his or her ability to carry out normal
activities or to protect his or her rights, including, but not
limited to, persons who have physical or developmental disabilities
or whose physical or mental abilities have diminished because of age.
"Dependent adult" includes any person between the ages of 18 and 64
who is admitted as an inpatient to a 24-hour health facility, as
defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety
Code.
   (j) As used in this section, "caretaker" means any person who has
the care, custody, or control of, or who stands in a position of
trust with, an elder or a dependent adult.
   (k) Nothing in this section shall preclude prosecution under both
this section and Section 187 or 12022.7 or any other provision of
law. However, a person shall not receive an additional term of
imprisonment under both paragraphs (2) and (3) of subdivision (b) for
any single offense, nor shall a person receive an additional term of
imprisonment under both Section 12022.7 and paragraph (2) or (3) of
subdivision (b) for any single offense.
   (l) In any case in which a person is convicted of violating these
provisions, the court may require him or her to receive appropriate
counseling as a condition of probation. Any defendant ordered to be
placed in a counseling program shall be responsible for paying the
expense of his or her participation in the counseling program as
determined by the court. The court shall take into consideration the
ability of the defendant to pay, and no defendant shall be denied
probation because of his or her inability to pay.
  SEC. 176.  Section 380 of the Penal Code is amended to read:
   380.  (a) Every person who sells, dispenses or distributes
toluene, or any substance or material containing toluene, to any
person who is less than 18 years of age shall be guilty of a
misdemeanor, and upon conviction shall be fined in a sum of not less
than one thousand dollars ($1,000), nor more than two thousand five
hundred dollars ($2,500), or by imprisonment for not less than six
months nor more than one year.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) The court shall order the suspension of the business license,
for a period of one year, of a person who knowingly violates any of
the provisions of this section after having been previously convicted
of a violation of this section unless the owner of such business
license can demonstrate a good faith attempt to prevent illegal sales
or deliveries by employees. The provisions of this subdivision shall
become operative on July 1, 1980.
   (d) The provisions of this section shall apply to, but are not
limited to, the sale or distribution of glue, cement, dope, paint
thinners, paint, and any combination of hydrocarbons either alone or
in combination with any substance or material including, but not
limited to, paint, paint thinners, shellac thinners, and solvents
which, when inhaled, ingested or breathed, can cause a person to be
under the influence of, or intoxicated from, any such combination of
hydrocarbons.
   This section shall not prohibit the sale of gasoline or other
motor vehicle fuels to persons less than 18 years of age.
                                                         (e) This
section shall not apply to any glue or cement which has been
certified by the State Department of Health Services as containing a
substance which makes such glue or cement malodorous or causes such
glue or cement to induce sneezing, nor shall this section apply where
the glue or cement is sold, delivered, or given away simultaneously
with or as part of a kit used for the construction of model
airplanes, model boats, model automobiles, model trains, or other
similar models or used for the assembly or creation of hobby craft
items using such components as beads, tiles, tiffany glass, ceramics,
clay, or other craft-related components.
  SEC. 177.  Section 381 of the Penal Code is amended to read:
   381.  (a) Any person who possesses toluene or any substance or
material containing toluene, including, but not limited to, glue,
cement, dope, paint thinner, paint and any combination of
hydrocarbons, either alone or in combination with any substance or
material including but not limited to paint, paint thinner, shellac
thinner, and solvents, with the intent to breathe, inhale or ingest
for the purpose of causing a condition of intoxication, elation,
euphoria, dizziness, stupefaction, or dulling of the senses or for
the purpose of, in any manner, changing, distorting or disturbing the
audio, visual, or mental processes, or who knowingly and with the
intent to do so is under the influence of toluene or any material
containing toluene, or any combination of hydrocarbons is guilty of a
misdemeanor.
   (b) Any person who possesses any substance or material, which the
State Department of Health Services has determined by regulations
adopted pursuant to the Administrative Procedures Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code) has toxic qualities similar to toluene, with
the intent to breathe, inhale, or ingest for the purpose of causing a
condition of intoxication, elation, euphoria, dizziness, excitement,
irrational behavior, exhilaration, satisfaction, stupefaction, or
dulling of the senses or for the purpose of, in any manner, changing,
distorting or disturbing the audio, visual, or mental processes, or
who is under the influence of such substance or material is guilty of
a misdemeanor.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 178.  Section 381b of the Penal Code is amended to read:
   381b.  (a) Any person who possesses nitrous oxide or any substance
containing nitrous oxide, with the intent to breathe, inhale, or
ingest for the purpose of causing a condition of intoxication,
elation, euphoria, dizziness, stupefaction, or dulling of the senses
or for the purpose of, in any manner, changing, distorting, or
disturbing the audio, visual, or mental processes, or who knowingly
and with the intent to do so is under the influence of nitrous oxide
or any material containing nitrous oxide is guilty of a misdemeanor.
This section shall not apply to any person who is under the influence
of nitrous oxide or any material containing nitrous oxide pursuant
to an administration for the purpose of medical, surgical, or dental
care by a person duly licensed to administer such an agent.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 179.  Section 422 of the Penal Code is amended to read:
   422.  (a) Any person who willfully threatens to commit a crime
which will result in death or great bodily injury to another person,
with the specific intent that the statement, made verbally, in
writing, or by means of an electronic communication device, is to be
taken as a threat, even if there is no intent of actually carrying it
out, which, on its face and under the circumstances in which it is
made, is so unequivocal, unconditional, immediate, and specific as to
convey to the person threatened, a gravity of purpose and an
immediate prospect of execution of the threat, and thereby causes
that person reasonably to be in sustained fear for his or her own
safety or for his or her immediate family's safety, shall be punished
by imprisonment in the county jail not to exceed one year, or by
imprisonment in the state prison.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) (1) For the purposes of this section, "immediate family" means
any spouse, whether by marriage or not, parent, child, any person
related by consanguinity or affinity within the second degree, or any
other person who regularly resides in the household, or who, within
the prior six months, regularly resided in the household.
   (2) "Electronic communication device" includes, but is not limited
to, telephones, cellular telephones, computers, video recorders, fax
machines, or pagers. "Electronic communication" has the same meaning
as the term defined in Subsection 12 of Section 2510 of Title 18 of
the United States Code.
  SEC. 180.  Section 422.75 of the Penal Code is amended to read:
   422.75.  (a) Except in the case of a person punished under Section
422.7, a person who commits a felony that is a hate crime or
attempts to commit a felony that is a hate crime, shall receive an
additional term of one, two, or three years in the state prison, at
the court's discretion.
   (b) Except in the case of a person punished under Section 422.7 or
subdivision (a) of this section, any person who commits a felony
that is a hate crime, or attempts to commit a felony that is a hate
crime, and who voluntarily acted in concert with another person,
either personally or by aiding and abetting another person, shall
receive an additional two, three, or four years in the state prison,
at the court's discretion.
   (c) For the purpose of imposing an additional term under
subdivision (a) or (b), it shall be a factor in aggravation that the
defendant personally used a firearm in the commission of the offense.
Nothing in this subdivision shall preclude a court from also
imposing a sentence enhancement pursuant to Section 12022.5,
12022.53, or 12022.55, or any other law.
   (d) A person who is punished pursuant to this section also shall
receive an additional term of one year in the state prison for each
prior felony conviction on charges brought and tried separately in
which it was found by the trier of fact or admitted by the defendant
that the crime was a hate crime. This additional term shall only
apply where a sentence enhancement is not imposed pursuant to Section
667 or 667.5.
   (e) Any additional term authorized by this section shall not be
imposed unless the allegation is charged in the accusatory pleading
and admitted by the defendant or found to be true by the trier of
fact.
   (f) Any additional term imposed pursuant to this section shall be
in addition to any other punishment provided by law.
   (g) Notwithstanding any other provision of law, the court may
strike any additional term imposed by this section if the court
determines that there are mitigating circumstances and states on the
record the reasons for striking the additional punishment.
   (h) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 181.  Section 451 of the Penal Code is amended to read:
   451.  A person is guilty of arson when he or she willfully and
maliciously sets fire to or burns or causes to be burned or who aids,
counsels, or procures the burning of, any structure, forest land, or
property.
   (a) Arson that causes great bodily injury is a felony punishable
by imprisonment in the state prison for five, seven, or nine years.
   (b) Arson that causes an inhabited structure or inhabited property
to burn is a felony punishable by imprisonment in the state prison
for three, five, or eight years.
   (c) Arson of a structure or forest land is a felony punishable by
imprisonment in the state prison for two, four, or six years.
   (d) Arson of property is a felony punishable by imprisonment in
the state prison for 16 months, two, or three years. For purposes of
this  paragraph   subdivision  , arson of
property does not include one burning or causing to be burned his or
her own personal property unless there is an intent to defraud or
there is injury to another person or another person's structure,
forest land, or property.
   (e) In the case of any person convicted of violating this section
while confined in a state prison, prison road camp, prison forestry
camp, or other prison camp or prison farm, or while confined in a
county jail while serving a term of imprisonment for a felony or
misdemeanor conviction, any sentence imposed shall be consecutive to
the sentence for which the person was then confined.
   (f) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 182.  Section 451.1 of the Penal Code is amended to read:
   451.1.  (a) Notwithstanding any other law, any person who is
convicted of a felony violation of Section 451 shall be punished by a
three-, four-, or five-year enhancement if one or more of the
following circumstances is found to be true:
   (1) The defendant has been previously convicted of a felony
violation of Section 451 or 452.
   (2) A firefighter, peace officer, or other emergency personnel
suffered great bodily injury as a result of the offense. The
additional term provided by this subdivision shall be imposed
whenever applicable, including any instance in which there is a
violation of subdivision (a) of Section 451.
   (3) The defendant proximately caused great bodily injury to more
than one victim in any single violation of Section 451. The
additional term provided by this subdivision shall be imposed
whenever applicable, including any instance in which there is a
violation of subdivision (a) of Section 451.
   (4) The defendant proximately caused multiple structures to burn
in any single violation of Section 451.
   (5) The defendant committed arson as described in subdivision (a),
(b), or (c) of Section 451 and the arson was caused by use of a
device designed to accelerate the fire or delay ignition.
   (b) The additional term specified in subdivision (a) shall not be
imposed unless the existence of any fact required under this section
shall be alleged in the accusatory pleading and either admitted by
the defendant in open court or found to be true by the trier of fact.

   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 183.  Section 451.5 of the Penal Code is amended to read:
   451.5.  (a) Any person who willfully, maliciously, deliberately,
with premeditation, and with intent to cause injury to one or more
persons or to cause damage to property under circumstances likely to
produce injury to one or more persons or to cause damage to one or
more structures or inhabited dwellings, sets fire to, burns, or
causes to be burned, or aids, counsels, or procures the burning of
any residence, structure, forest land, or property is guilty of
aggravated arson if one or more of the following aggravating factors
exists:
   (1) The defendant has been previously convicted of arson on one or
more occasions within the past 10 years.
   (2) (A) The fire caused property damage and other losses in excess
of five million six hundred fifty thousand dollars ($5,650,000).
   (B) In calculating the total amount of property damage and other
losses under subparagraph (A), the court shall consider the cost of
fire suppression. It is the intent of the Legislature that this
paragraph be reviewed within five years to consider the effects of
inflation on the dollar amount stated herein. For that reason, this
paragraph shall remain in effect until January 1, 2010, and as of
that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2010, deletes or extends that date.
   (3) The fire caused damage to, or the destruction of, five or more
inhabited structures.
   (b) Any person who is convicted under subdivision (a) shall be
punished by imprisonment in the state prison for 10 years to life.
   (c) Any person who is sentenced under subdivision (b) shall not be
eligible for release on parole until 10 calendar years have elapsed.

   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 184.  Section 452 of the Penal Code is amended to read:
   452.  A person is guilty of unlawfully causing a fire when he
recklessly sets fire to or burns or causes to be burned, any
structure, forest land or property.
   (a) Unlawfully causing a fire that causes great bodily injury is a
felony punishable by imprisonment in the state prison for two, four
or six years, or by imprisonment in the county jail for not more than
one year, or by a fine, or by both that imprisonment and fine.
   (b) Unlawfully causing a fire that causes an inhabited structure
or inhabited property to burn is a felony punishable by imprisonment
in the state prison for two, three or four years, or by imprisonment
in the county jail for not more than one year, or by a fine, or by
both that imprisonment and fine.
   (c) Unlawfully causing a fire of a structure or forest land is a
felony punishable by imprisonment in the state prison for 16 months,
two or three years, or by imprisonment in the county jail for not
more than six months, or by a fine, or by both that imprisonment and
fine.
   (d) Unlawfully causing a fire of property is a misdemeanor. For
purposes of this paragraph, unlawfully causing a fire of property
does not include one burning or causing to be burned his own personal
property unless there is injury to another person or to another
person's structure, forest land or property.
   (e) In the case of any person convicted of violating this section
while confined in a state prison, prison road camp, prison forestry
camp, or other prison camp or prison farm, or while confined in a
county jail while serving a term of imprisonment for a felony or
misdemeanor conviction, any sentence imposed shall be consecutive to
the sentence for which the person was then confined.
   (f) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 185.  Section 452.1 of the Penal Code is amended to read:
   452.1.  (a) Notwithstanding any other law, any person who is
convicted of a felony violation of Section 452 shall be punished by a
one-, two-, or three-year enhancement for each of the following
circumstances that is found to be true:
   (1) The defendant has been previously convicted of a felony
violation of Section 451 or 452.
   (2) A firefighter, peace officer, or other emergency personnel
suffered great bodily injury as a result of the offense. The
additional term provided by this subdivision shall be imposed
whenever applicable, including any instance in which there is a
violation of subdivision (a) of Section 452.
   (3) The defendant proximately caused great bodily injury to more
than one victim in any single violation of Section 452. The
additional term provided by this subdivision shall be imposed
whenever applicable, including any instance in which there is a
violation of subdivision (a) of Section 452.
   (4) The defendant proximately caused multiple structures to burn
in any single violation of Section 452.
   (b) The additional term specified in subdivision (a) of Section
452.1 shall not be imposed unless the existence of any fact required
under this section shall be alleged in the accusatory pleading and
either admitted by the defendant in open court or found to be true by
the trier of fact.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 186.  Section 453 of the Penal Code is amended to read:
   453.  (a) Every person who possesses, manufactures, or disposes of
any flammable, or combustible material or substance, or any
incendiary device in an arrangement or preparation, with intent to
willfully and maliciously use this material, substance, or device to
set fire to or burn any structure, forest land, or property, shall be
punished by imprisonment in the state prison, or in a county jail,
not exceeding one year.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) For the purposes of this section:
   (1) "Disposes of" means to give, give away, loan, offer, offer for
sale, sell, or transfer.
   (2) "Incendiary device" means a device that is constructed or
designed to start an incendiary fire by remote, delayed, or instant
means, but no device commercially manufactured primarily for the
purpose of illumination shall be deemed to be an incendiary device
for the purposes of this section.
   (3) "Incendiary fire" means a fire that is deliberately ignited
under circumstances in which a person knows that the fire should not
be ignited.
   (d) Subdivision (a) does not prohibit the authorized use or
possession of any material, substance or device described therein by
a member of the armed forces of the United States or by firemen,
police officers, peace officers, or law enforcement officers
authorized by the properly constituted authorities; nor does that
subdivision prohibit the use or possession of any material, substance
or device described therein when used solely for scientific research
or educational purposes, or for disposal of brush under permit as
provided for in Section 4494 of the Public Resources Code, or for any
other lawful burning. Subdivision (a) does not prohibit the
manufacture or disposal of an incendiary device for the parties or
purposes described in this subdivision.
  SEC. 187.  Section 454 of the Penal Code is amended to read:
   454.  (a) Every person who violates Section 451 or 452 during and
within an area of any of the following, when proclaimed by the
Governor, shall be punished by imprisonment in the state prison, as
specified in subdivision (b):
   (1) A state of insurrection pursuant to Section 143 of the
Military and Veterans Code.
   (2) A state of emergency pursuant to Section 8625 of the
Government Code.
   (b) Any person who is described in subdivision (a) and who
violates subdivision (a), (b), or (c) of Section 451 shall be
punished by imprisonment in the state prison for five, seven, or nine
years. All other persons who are described in subdivision (a) shall
be punished by imprisonment in the state prison for three, five, or
seven years.
   (c) Probation shall not be granted to any person who is convicted
of violating this section, except in unusual cases where the interest
of justice would best be served.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 188.  Section 455 of the Penal Code is amended to read:
   455.  (a) Any person who willfully and maliciously attempts to set
fire to or attempts to burn or to aid, counsel or procure the
burning of any structure, forest land or property, or who commits any
act preliminary thereto, or in furtherance thereof, is punishable by
imprisonment in the state prison for 16 months, two or three years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) The placing or distributing of any flammable, explosive or
combustible material or substance, or any device in or about any
structure, forest land or property in an arrangement or preparation
with intent to eventually willfully and maliciously set fire to or
burn same, or to procure the setting fire to or burning of the same
shall constitute an attempt to burn that structure, forest land or
property, for purposes of this section.
  SEC. 189.  Section 456 of the Penal Code is amended to read:
   456.  (a) Upon conviction for any felony violation of this
chapter, in addition to the penalty prescribed, the court may impose
a fine not to exceed fifty thousand dollars ($50,000) unless a
greater amount is provided by law.
   (b) When any person is convicted of a violation of any provision
of this chapter and the reason he committed the violation was for
pecuniary gain, in addition to the penalty prescribed and instead of
the fine provided in subdivision (a), the court may impose a fine of
twice the anticipated or actual gross gain.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, the
court may impose a fine as provided in the applicable sentencing
rules.
  SEC. 190.  Section 461 of the Penal Code is amended to read:
   461.  (a) Burglary is punishable as follows:
    (1) Burglary in the first degree: by imprisonment in the state
prison for two, four, or six years.
    (2) Burglary in the second degree: by imprisonment in the county
jail not exceeding one year or in the state prison.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission,
burglary shall be punished as provided in the applicable sentencing
rules.
  SEC. 191.  Section 462 of the Penal Code is amended to read:
   462.  (a) Except in unusual cases where the interests of justice
would best be served if the person is granted probation, probation
shall not be granted to any person who is convicted of a burglary of
an inhabited dwelling house or trailer coach as defined in Section
635 of the Vehicle Code, an inhabited floating home as defined in
subdivision (d) of Section 18075.55 of the Health and Safety Code, or
the inhabited portion of any other building.
   (b) If the court grants probation under subdivision (a), it shall
specify the reason or reasons for that order on the court record.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 192.  Section 462.5 of the Penal Code is amended to read:
   462.5.  (a) Except in unusual cases where the interests of justice
would best be served if the person is granted probation, probation
shall not be granted to any person who is convicted of a felony
custodial institution burglary. In any case in which a person is
convicted of a misdemeanor custodial institution burglary, such
person shall be confined in the county jail for not less than 90 days
nor more than one year except in unusual cases where the interests
of justice would best be served by the granting of probation.
   (b) As used in this section, "custodial institution burglary"
shall mean a violation of Section 459 on the grounds of any jail or
correctional institution with the intent to steal items to use or
convert for use as weapons, escape tools, or intoxicating drugs.
   (c) If the court grants probation under subdivision (a), it shall
specify the reason or reasons for such order on the court record.
   (d) Any person convicted of custodial institution burglary shall
serve his or her sentence, including enhancements, consecutive to any
other sentence in effect or pending. The felony sentence shall be
calculated under Section 1170.1.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 193.  Section 463 of the Penal Code is amended to read:
   463.  (a) Every person who violates Section 459, punishable as a
second-degree burglary pursuant to  subdivision 2 
 paragraph (2) of subdivision (a)  of Section 461, during
and within an affected county in a "state of emergency" or a "local
emergency" resulting from an earthquake, fire, flood, riot, or other
natural or manmade disaster shall be guilty of the crime of looting,
punishable by imprisonment in a county jail for one year or in the
state prison. Any person convicted under this subdivision who is
eligible for probation and who is granted probation shall, as a
condition thereof, be confined in a county jail for at least 180
days, except that the court may, in the case where the interest of
justice would best be served, reduce or eliminate that mandatory jail
sentence, if the court specifies on the record and enters into the
minutes the circumstances indicating that the interest of justice
would best be served by that disposition. In addition to whatever
custody is ordered, the court, in its discretion, may require any
person granted probation following conviction under this subdivision
to serve up to 240 hours of community service in any program deemed
appropriate by the court, including any program created to rebuild
the community.
   For purposes of this section, the fact that the structure entered
has been damaged by the earthquake, fire, flood, or other natural or
manmade disaster shall not, in and of itself, preclude conviction.
   (b) Every person who commits the crime of grand theft, as defined
in Section 487, except grand theft of a firearm, during and within an
affected county in a "state of emergency" or a "local emergency"
resulting from an earthquake, fire, flood, riot, or other natural or
unnatural disaster shall                                           be
guilty of the crime of looting, punishable by imprisonment in a
county jail for one year or in the state prison. Every person who
commits the crime of grand theft of a firearm, as defined in Section
487, during and within an affected county in a "state of emergency"
or a "local emergency" resulting from an earthquake, fire, flood,
riot, or other natural or unnatural disaster shall be guilty of the
crime of looting, punishable by imprisonment in the state prison, as
set forth in subdivision (a) of Section 489. Any person convicted
under this subdivision who is eligible for probation and who is
granted probation shall, as a condition thereof, be confined in a
county jail for at least 180 days, except that the court may, in the
case where the interest of justice would best be served, reduce or
eliminate that mandatory jail sentence, if the court specifies on the
record and enters into the minutes the circumstances indicating that
the interest of justice would best be served by that disposition. In
addition to whatever custody is ordered, the court, in its
discretion, may require any person granted probation following
conviction under this subdivision to serve up to 160 hours of
community service in any program deemed appropriate by the court,
including any program created to rebuild the community.
   (c) Every person who commits the crime of petty theft, as defined
in Section 488, during and within an affected county in a "state of
emergency" or a "local emergency" resulting from an earthquake, fire,
flood, riot, or other natural or manmade disaster shall be guilty of
a misdemeanor, punishable by imprisonment in a county jail for six
months. Any person convicted under this subdivision who is eligible
for probation and who is granted probation shall, as a condition
thereof, be confined in a county jail for at least 90 days, except
that the court may, in the case where the interest of justice would
best be served, reduce or eliminate that mandatory minimum jail
sentence, if the court specifies on the record and enters into the
minutes the circumstances indicating that the interest of justice
would best be served by that disposition. In addition to whatever
custody is ordered, the court, in its discretion, may require any
person granted probation following conviction under this subdivision
to serve up to 80 hours of community service in any program deemed
appropriate by the court, including any program created to rebuild
the community.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (e) (1) For purposes of this section, "state of emergency" means
conditions which, by reason of their magnitude, are, or are likely to
be, beyond the control of the services, personnel, equipment, and
facilities of any single county, city and county, or city and require
the combined forces of a mutual aid region or regions to combat.
   (2) For purposes of this section, "local emergency" means
conditions which, by reason of their magnitude, are, or are likely to
be, beyond the control of the services, personnel, equipment, and
facilities of any single county, city and county, or city and require
the combined forces of a mutual aid region or regions to combat.
   (3) For purposes of this section, a "state of emergency" shall
exist from the time of the proclamation of the condition of the
emergency until terminated pursuant to Section 8629 of the Government
Code. For purposes of this section only, a "local emergency" shall
exist from the time of the proclamation of the condition of the
emergency by the local governing body until terminated pursuant to
Section 8630 of the Government Code.
   (4) Consensual entry into a commercial structure with the intent
to commit a violation of Section 470, 476, 476a, 484f, or 484g of the
Penal Code, shall not be charged as a violation under this section.
  SEC. 194.  Section 473 of the Penal Code is amended to read:
   473.  Forgery is punishable by imprisonment in the state prison,
or by imprisonment in the county jail for not more than one year or,
on or after the operative date of an applicable rule or rules
proposed by the California Sentencing Commission, is punishable as
provided in the applicable sentencing rules.
  SEC. 195.  Section 474 of the Penal Code is amended to read:
   474.  (a) Every person who knowingly and willfully sends by
telegraph or telephone to any person a false or forged message,
purporting to be from a telegraph or telephone office, or from any
other person, or who willfully delivers or causes to be delivered to
any person a message falsely purporting to have been received by
telegraph or telephone, or who furnishes, or conspires to furnish, or
causes to be furnished to any agent, operator, or employee, to be
sent by telegraph or telephone, or to be delivered, a message,
knowing the same to be false or forged, with the intent to deceive,
injure, or defraud another, is punishable by imprisonment in the
state prison, or in the county jail not exceeding one year, or by
fine not exceeding ten thousand dollars ($10,000), or by both that
fine and imprisonment.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 196.  Section 476a of the Penal Code is amended to read:
   476a.  (a) Any person who for himself or as the agent or
representative of another or as an officer of a corporation,
willfully, with intent to defraud, makes or draws or utters or
delivers any check, or draft or order upon any bank or depositary, or
person, or firm, or corporation, for the payment of money, knowing
at the time of that making, drawing, uttering, or delivering that the
maker or drawer or the corporation has not sufficient funds in, or
credit with the bank or depositary, or person, or firm, or
corporation, for the payment of that check, draft, or order and all
other checks, drafts, or orders upon funds then outstanding, in full
upon its presentation, although no express representation is made
with reference thereto, is punishable by imprisonment in the county
jail for not more than one year, or in the state prison.
   (b) However, if the total amount of all the checks, drafts, or
orders that the defendant is charged with and convicted of making,
drawing, or uttering does not exceed two hundred dollars ($200), the
offense is punishable only by imprisonment in the county jail for not
more than one year. This subdivision shall not apply if the
defendant has previously been convicted of a violation of Section
470, 475, or 476, or of this section, or of the crime of petty theft
where the defendant's offense was also a violation of Section 470,
475, or 476 or of this section, or if the defendant has previously
been convicted of any offense under the laws of any other state or of
the United States which, if committed in this state, would have been
punishable as a violation of Section 470, 475 or 476 or of this
section, or if he has been convicted of the crime of petty theft in a
case in which, if defendant's offense had been committed in this
state, it would have been a violation also of Section 470, 475, or
476, or of this section.
   (c) Where the check, draft, or order is protested on the ground of
insufficiency of funds or credit, the notice of protest shall be
admissible as proof of presentation, nonpayment and protest and shall
be presumptive evidence of knowledge of insufficiency of funds or
credit with the bank or depositary, or person, or firm, or
corporation.
   (d) In any prosecution under this section involving two or more
checks, drafts, or orders, it shall constitute prima facie evidence
of the identity of the drawer of a check, draft, or order if both of
the following occur:
   (1) When the payee accepts the check, draft or order from the
drawer he or she obtains from the drawer the following information:
name and residence of the drawer, business or mailing address, either
a valid driver's license number or Department of Motor Vehicles
identification card number, and the drawer's home or work phone
number or place of employment. That information may be recorded on
the check, draft, or order itself or may be retained on file by the
payee and referred to on the check, draft, or order by identifying
number or other similar means.
   (2) The person receiving the check, draft, or order witnesses the
drawer's signature or endorsement, and, as evidence of that, initials
the check, draft, or order at the time of receipt.
   (e) The word "credit" as used herein shall be construed to mean an
arrangement or understanding with the bank or depositary or person
or firm or corporation for the payment of such check, draft or order.

   (f) If any of the preceding paragraphs, or parts thereof, shall be
found unconstitutional or invalid, the remainder of this section
shall not thereby be invalidated, but shall remain in full force and
effect.
   (g) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (h) A sheriff's department, police department, or other law
enforcement agency may collect a fee from the defendant for
investigation, collection, and processing of checks referred to their
agency for investigation of alleged violations of this section or
Section 476.
   The amount of the fee shall not exceed twenty-five dollars ($25)
for each bad check in addition to the amount of any bank charges
incurred by the victim as a result of the alleged offense. If the
sheriff's department, police department, or other law enforcement
agency collects any fee for bank charges incurred by the victim
pursuant to this section, that fee shall be paid to the victim for
any bank fees the victim may have been assessed. In no event shall
reimbursement of the bank charge to the victim pursuant to this
section exceed ten dollars ($10) per check.
  SEC. 197.  Section 478 of the Penal Code is amended to read:
   478.  Counterfeiting is punishable by imprisonment in the state
prison for two, three or four years or, on or after the operative
date of an applicable rule or rules proposed by the California
Sentencing Commission, is punishable as provided in the applicable
sentencing rules.
  SEC. 198.  Section 479 of the Penal Code is amended to read:
   479.  (a) Every person who has in his possession, or receives for
any other person, any counterfeit gold or silver coin of the species
current in this state, or any counterfeit gold dust, gold or silver
bullion or bars, lumps, pieces or nuggets, with the intention to
sell, utter, put off or pass the same, or permits, causes or procures
the same to be sold, uttered or passed, with intention to defraud
any person, knowing the same to be counterfeit, is punishable by
imprisonment in the state prison for two, three or four years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 199.  Section 487 of the Penal Code is amended to read:
   487.  Grand theft is theft committed in any of the following
cases:
   (a) When the money, labor, or real or personal property taken is
of a value exceeding four hundred dollars ($400), except as provided
in subdivision (b).
   (b) Notwithstanding subdivision (a), grand theft is committed in
any of the following cases:
   (1) (A) When domestic fowls, avocados, olives, citrus or deciduous
fruits, other fruits, vegetables, nuts, artichokes, or other farm
crops are taken of a value exceeding one hundred dollars ($100).
   (B) For the purposes of establishing that the value of avocados or
citrus fruit under this paragraph exceeds one hundred dollars
($100), that value may be shown by the presentation of credible
evidence which establishes that on the day of the theft avocados or
citrus fruit of the same variety and weight exceeded one hundred
dollars ($100) in wholesale value.
   (2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or
other aquacultural products are taken from a commercial or research
operation which is producing that product, of a value exceeding one
hundred dollars ($100).
   (3) Where the money, labor, or real or personal property is taken
by a servant, agent, or employee from his or her principal or
employer and aggregates four hundred dollars ($400) or more in any 12
consecutive month period.
   (c) When the property is taken from the person of another.
   (d) When the property taken is any of the following:
   (1) An automobile, horse, mare, gelding, any bovine animal, any
caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt,
barrow, or pig.
   (2) A firearm.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 200.  Section 487a of the Penal Code is amended to read:
   487a.  (a) Every person who feloniously steals, takes, transports,
or carries the carcass of any bovine, caprine, equine, ovine, or
suine animal or of any mule, jack or jenny, which is the personal
property of another, or who fraudulently appropriates property which
has been entrusted to him, is guilty of grand theft.
   (b) Every person who shall feloniously steal, take, transport, or
carry any portion of the carcass of any bovine, caprine, equine,
ovine, or suine animal or of any mule, jack, or jenny, which has been
killed without the consent of the owner thereof, is guilty of grand
theft.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 201.  Section 487b of the Penal Code is amended to read:
   487b.  (a) Every person who converts real estate of the value of
one hundred dollars ($100) or more into personal property by
severance from the realty of another, and with felonious intent to do
so, steals, takes, and carries away that property is guilty of grand
theft and is punishable by imprisonment in the state prison.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 202.  Section 487c of the Penal Code is amended to read:
   487c.  (a) Every person who converts real estate of the value of
less than one hundred dollars ($100) into personal property by
severance from the realty of another, and with felonious intent to do
so steals, takes, and carries away that property is guilty of petty
theft and is punishable by imprisonment in the county jail for not
more than one year, or by a fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 203.  Section 487d of the Penal Code is amended to read:
   487d.  (a) Every person who feloniously steals, takes, and carries
away, or attempts to take, steal, and carry from any mining claim,
tunnel, sluice, undercurrent, riffle box, or sulfurate machine,
another's gold dust, amalgam, or quicksilver is guilty of grand theft
and is punishable by imprisonment in the state prison.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 204.  Section 487e of the Penal Code is amended to read:
   487e.  (a) Every person who feloniously steals, takes, or carries
away a dog of another which is of a value exceeding four hundred
dollars ($400) is guilty of grand theft.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 205.  Section 487f of the Penal Code is amended to read:
   487f.  (a) Every person who feloniously steals, takes, or carries
away a dog of another which is of a value not exceeding four hundred
dollars ($400) is guilty of petty theft.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 206.  Section 487g of the Penal Code is amended to read:
   487g.  (a) Every person who steals or maliciously takes or carries
away any animal of another for purposes of sale, medical research,
slaughter, or other commercial use, or who knowingly, by any false
representation or pretense, defrauds another person of any animal for
purposes of sale, medical research, slaughter, or other commercial
use is guilty of a public offense punishable by imprisonment in a
county jail not exceeding one year or in the state prison.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 207.  Section 487h of the Penal Code is amended to read:
   487h.  (a) Every person who steals, takes, or carries away cargo
of another, when the cargo taken is of a value exceeding four hundred
dollars ($400), except as provided in Sections 487, 487a, and 487d,
is guilty of grand theft.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) For the purposes of this section, "cargo" means any goods,
wares, products, or manufactured merchandise that has been loaded
into a trailer, railcar, or cargo container, awaiting or in transit.
   (d) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
  SEC. 208.  Section 488 of the Penal Code is amended to read:
   488.  Theft in other cases is petty theft, unless the California
Sentencing Commission adopts a sentencing rule that provides
otherwise, in which case theft shall be punished as provided in the
proposed applicable sentencing rule, upon the operative date of that
rule.
  SEC. 209.  Section 489 of the Penal Code is amended to read:
   489.  Grand theft is punishable as follows:
   (a) When the grand theft involves the theft of a firearm, by
imprisonment in the state prison for 16 months, 2, or 3 years.
   (b) In all other cases, by imprisonment in a county jail not
exceeding one year or in the state prison.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission,
grand theft shall be punished as provided in the applicable
sentencing rules.
  SEC. 210.  Section 490 of the Penal Code is amended to read:
   490.  Petty theft is punishable by fine not exceeding one thousand
dollars ($1,000), or by imprisonment in the county jail not
exceeding six months, or both or, on or after the operative date of
an applicable rule or rules proposed by the California Sentencing
Commission, petty theft shall be punished as provided in the
applicable sentencing rules.
  SEC. 211.  Section 490.1 of the Penal Code is amended to read:
   490.1.  (a) Petty theft, where the value of the money, labor, real
or personal property taken is of a value which does not exceed fifty
dollars ($50), may be charged as a misdemeanor or an infraction, at
the discretion of the prosecutor, provided that the person charged
with the offense has no other theft or theft-related conviction.
   (b) Any offense charged as an infraction under this section shall
be subject to the provisions of subdivision (d) of Section 17 and
Sections 19.6 and 19.7.
   (c) A violation which is an infraction under this section is
punishable by a fine not exceeding two hundred fifty dollars ($250).
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission,
petty theft may be charged and shall be punished as provided in the
applicable sentencing rules.
  SEC. 212.  Section 490.5 of the Penal Code is amended to read:
   490.5.  (a) (1) Upon a first conviction for petty theft involving
merchandise taken from a merchant's premises or a book or other
library materials taken from a library facility, a person shall be
punished by a mandatory fine of not less than fifty dollars ($50) and
not more than one thousand dollars ($1,000) for each violation; and
may also be punished by imprisonment in the county jail, not
exceeding six months, or both that fine and imprisonment.
   (2) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (b) When an unemancipated minor's willful conduct would constitute
petty theft involving merchandise taken from a merchant's premises
or a book or other library materials taken from a library facility,
any merchant or library facility who has been injured by that conduct
may bring a civil action against the parent or legal guardian having
control and custody of the minor. For the purposes of those actions,
the misconduct of the unemancipated minor shall be imputed to the
parent or legal guardian having control and custody of the minor. The
parent or legal guardian having control or custody of an
unemancipated minor whose conduct violates this subdivision shall be
jointly and severally liable with the minor to a merchant or to a
library facility for damages of not less than fifty dollars ($50) nor
more than five hundred dollars ($500), plus costs. In addition to
the foregoing damages, the parent or legal guardian shall be jointly
and severally liable with the minor to the merchant for the retail
value of the merchandise if it is not recovered in a merchantable
condition, or to a library facility for the fair market value of its
book or other library materials. Recovery of these damages may be had
in addition to, and is not limited by, any other provision of law
which limits the liability of a parent or legal guardian for the
tortious conduct of a minor. An action for recovery of damages,
pursuant to this subdivision, may be brought in small claims court if
the total damages do not exceed the jurisdictional limit of that
court, or in any other appropriate court; however, total damages,
including the value of the merchandise or book or other library
materials, shall not exceed five hundred dollars ($500) for each
action brought under this section.
   The provisions of this subdivision are in addition to other civil
remedies and do not limit merchants or other persons to elect to
pursue other civil remedies, except that the provisions of Section
1714.1 of the Civil Code shall not apply herein.
   (c) When an adult or emancipated minor has unlawfully taken
merchandise from a merchant's premises, or a book or other library
materials from a library facility, the adult or emancipated minor
shall be liable to the merchant or library facility for damages of
not less than fifty dollars ($50) nor more than five hundred dollars
($500), plus costs. In addition to the foregoing damages, the adult
or emancipated minor shall be liable to the merchant for the retail
value of the merchandise if it is not recovered in merchantable
condition, or to a library facility for the fair market value of its
book or other library materials. An action for recovery of damages,
pursuant to this subdivision, may be brought in small claims court if
the total damages do not exceed the jurisdictional limit of that
court, or in any other appropriate court. The provisions of this
subdivision are in addition to other civil remedies and do not limit
merchants or other persons to elect to pursue other civil remedies.
   (d) In lieu of the fines prescribed by subdivision (a), any person
may be required to perform public services designated by the court,
however, no person shall be required to perform less than the number
of hours of public service necessary to satisfy the fine assessed by
the court as provided by subdivision (a) at the minimum wage
prevailing in the state at the time of sentencing.
   (e) All fines collected under this section shall be collected and
distributed in accordance with Sections 1463 and 1463.1 of the Penal
Code. However, a county may, by a majority vote of the members of its
board of supervisors, allocate any amount up to, but not exceeding
50 percent of such fines to the county superintendent of schools for
allocation to local school districts. The fines allocated shall be
administered by the county superintendent of schools to finance
public school programs which provide counseling or other educational
services designed to discourage shoplifting, theft, and burglary.
Subject to rules and regulations as may be adopted by the
Superintendent of Public Instruction, each county superintendent of
schools shall allocate those funds to school districts within the
county which submit project applications designed to further the
educational purposes of this section. The costs of administration of
this section by each county superintendent of schools shall be paid
from the funds allocated to the county superintendent of schools.
   (f) (1) A merchant may detain a person for a reasonable time for
the purpose of conducting an investigation in a reasonable manner
whenever the merchant has probable cause to believe the person to be
detained is attempting to unlawfully take or has unlawfully taken
merchandise from the merchant's premises.
   A theater owner may detain a person for a reasonable time for the
purpose of conducting an investigation in a reasonable manner
whenever the theater                                           owner
has probable cause to believe the person to be detained is attempting
to operate a video recording device within the premises of a motion
picture theater without the authority of the owner of the theater.
   A person employed by a library facility may detain a person for a
reasonable time for the purpose of conducting an investigation in a
reasonable manner whenever the person employed by a library facility
has probable cause to believe the person to be detained is attempting
to unlawfully remove or has unlawfully removed books or library
materials from the premises of the library facility.
   (2) In making the detention, a merchant, theater owner, or person
employed by a library facility may use a reasonable amount of
nondeadly force necessary to protect himself or herself and to
prevent escape of the person detained or the loss of tangible or
intangible property.
   (3) During the period of detention, any items which a merchant or
theater owner, or any items which a person employed by a library
facility has probable cause to believe are unlawfully taken from the
premises of the merchant or library facility, or recorded on theater
premises, and which are in plain view may be examined by the
merchant, theater owner, or person employed by a library facility for
the purposes of ascertaining the ownership thereof.
   (4) A merchant, theater owner, a person employed by a library
facility, or an agent thereof, having probable cause to believe the
person detained was attempting to unlawfully take or has taken any
item from the premises, or was attempting to operate a video
recording device within the premises of a motion picture theater
without the authority of the owner of the theater, may request the
person detained to voluntarily surrender the item or recording. If
the person detained refuses to surrender the recording or item of
which there is probable cause to believe has been recorded on or
unlawfully taken from the premises, or attempted to be recorded or
unlawfully taken from the premises, a limited and reasonable search
may be conducted by those authorized to make the detention in order
to recover the item. Only packages, shopping bags, handbags or other
property in the immediate possession of the person detained, but not
including any clothing worn by the person, may be searched pursuant
to this subdivision. Upon surrender or discovery of the item, the
person detained may also be requested, but may not be required, to
provide adequate proof of his or her true identity.
   (5) If any person admitted to a theater in which a motion picture
is to be or is being exhibited, refuses or fails to give or surrender
possession or to cease operation of any video recording device that
the person has brought into or attempts to bring into that theater,
then a theater owner has the right to refuse admission to that person
or request that the person leave the premises and shall thereupon
offer to refund and, unless that offer is refused, refund to that
person the price paid by that person for admission to that theater.
If the person thereafter refuses to leave the theater or cease
operation of the video recording device, then the person shall be
deemed to be intentionally interfering with and obstructing those
attempting to carry on a lawful business within the meaning of
Section 602.1.
   (6) A peace officer who accepts custody of a person arrested for
an offense contained in this section may, subsequent to the arrest,
search the person arrested and his or her immediate possessions for
any item or items alleged to have been taken.
   (7) In any civil action brought by any person resulting from a
detention or arrest by a merchant, it shall be a defense to such
action that the merchant detaining or arresting such person had
probable cause to believe that the person had stolen or attempted to
steal merchandise and that the merchant acted reasonably under all
the circumstances.
   In any civil action brought by any person resulting from a
detention or arrest by a theater owner or person employed by a
library facility, it shall be a defense to that action that the
theater owner or person employed by a library facility detaining or
arresting that person had probable cause to believe that the person
was attempting to operate a video recording device within the
premises of a motion picture theater without the authority of the
owner of the theater or had stolen or attempted to steal books or
library materials and that the person employed by a library facility
acted reasonably under all the circumstances.
   (g) As used in this section:
   (1) "Merchandise" means any personal property, capable of manual
delivery, displayed, held or offered for retail sale by a merchant.
   (2) "Merchant" means an owner or operator, and the agent,
consignee, employee, lessee, or officer of an owner or operator, of
any premises used for the retail purchase or sale of any personal
property capable of manual delivery.
   (3) "Theater owner" means an owner or operator, and the agent,
employee, consignee, lessee, or officer of an owner or operator, of
any premises used for the exhibition or performance of motion
pictures to the general public.
   (4) The terms "book or other library materials" include any book,
plate, picture, photograph, engraving, painting, drawing, map,
newspaper, magazine, pamphlet, broadside, manuscript, document,
letter, public record, microform, sound recording, audiovisual
material in any format, magnetic or other tape, electronic
data-processing record, artifact, or other documentary, written or
printed material regardless of physical form or characteristics, or
any part thereof, belonging to, on loan to, or otherwise in the
custody of a library facility.
   (5) The term "library facility" includes any public library; any
library of an educational, historical or eleemosynary institution,
organization or society; any museum; any repository of public
records.
   (h) Any library facility shall post at its entrance and exit a
conspicuous sign to read as follows:

   "IN ORDER TO PREVENT THE THEFT OF BOOKS AND LIBRARY MATERIALS,
STATE LAW AUTHORIZES THE DETENTION FOR A REASONABLE PERIOD OF ANY
PERSON USING THESE FACILITIES SUSPECTED OF COMMITTING "LIBRARY THEFT"
(PENAL CODE SECTION 490.5)."

  SEC. 213.  Section 490.7 of the Penal Code is amended to read:
   490.7.  (a) The Legislature finds that free newspapers provide a
key source of information to the public, in many cases providing an
important alternative to the news and ideas expressed in other local
media sources. The Legislature further finds that the unauthorized
taking of multiple copies of free newspapers, whether done to sell
them to recycling centers, to injure a business competitor, to
deprive others of the opportunity to read them, or for any other
reason, injures the rights of readers, writers, publishers, and
advertisers, and impoverishes the marketplace of ideas in California.

   (b) No person shall take more than twenty-five (25) copies of the
current issue of a free or complimentary newspaper if done with the
intent to do one or more of the following:
   (1) Recycle the newspapers for cash or other payment.
   (2) Sell or barter the newspaper.
   (3) Deprive others of the opportunity to read or enjoy the
newspaper.
   (4) Harm a business competitor.
   (c) This section does not apply to the owner or operator of the
newsrack in which the copies are placed, the owner or operator of the
property on which the newsrack is placed, the publisher, the
printer, the distributor, the deliverer of the newspaper, or to any
advertiser in that issue, or to any other person who has the express
permission to do so from any of these entities.
   (d) Any newspaper publisher may provide express permission to take
more than twenty-five (25) copies of the current issue of a free or
complimentary newspaper by indicating on the newsrack or in the
newspaper itself, that people may take a greater number of copies if
they wish.
   (e) A first violation of subdivision (b) shall be an infraction
punishable by a fine not exceeding two hundred fifty dollars ($250).
A second or subsequent violation shall be punishable as an infraction
or a misdemeanor. A misdemeanor conviction under this section is
punishable by a fine not exceeding five hundred dollars ($500),
imprisonment of up to 10 days in a county jail, or by both that fine
and imprisonment. The court may order community service in lieu of
the punishment otherwise provided for an infraction or misdemeanor in
the amount of 20 hours for an infraction, and 40 hours for a
misdemeanor. A misdemeanor conviction under this section shall not
constitute a conviction for petty theft.
   (f) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (g) This section shall not be construed to repeal, modify, or
weaken any existing legal prohibitions against the taking of private
property.
    (h) For purposes of this section, an issue is current if no more
than half of the period of time until the distribution of the next
issue has passed.
  SEC. 214.  Section 496 of the Penal Code is amended to read:
   496.  (a) Every person who buys or receives any property that has
been stolen or that has been obtained in any manner constituting
theft or extortion, knowing the property to be so stolen or obtained,
or who conceals, sells, withholds, or aids in concealing, selling,
or withholding any property from the owner, knowing the property to
be so stolen or obtained, shall be punished by imprisonment in a
state prison, or in a county jail for not more than one year.
However, if the district attorney or the grand jury determines that
this action would be in the interests of justice, the district
attorney or the grand jury, as the case may be, may, if the value of
the property does not exceed four hundred dollars ($400), specify in
the accusatory pleading that the offense shall be a misdemeanor,
punishable only by imprisonment in a county jail not exceeding one
year.
   A principal in the actual theft of the property may be convicted
pursuant to this section. However, no person may be convicted both
pursuant to this section and of the theft of the same property.
   (b) Every swap meet vendor, as defined in Section 21661 of the
Business and Professions Code, and every person whose principal
business is dealing in, or collecting, merchandise or personal
property, and every agent, employee, or representative of that
person, who buys or receives any property of a value in excess of
four hundred dollars ($400) that has been stolen or obtained in any
manner constituting theft or extortion, under circumstances that
should cause the person, agent, employee, or representative to make
reasonable inquiry to ascertain that the person from whom the
property was bought or received had the legal right to sell or
deliver it, without making a reasonable inquiry, shall be punished by
imprisonment in a state prison, or in a county jail for not more
than one year.
   Every swap meet vendor, as defined in Section 21661 of the
Business and Professions Code, and every person whose principal
business is dealing in, or collecting, merchandise or personal
property, and every agent, employee, or representative of that
person, who buys or receives any property of a value of four hundred
dollars ($400) or less that has been stolen or obtained in any manner
constituting theft or extortion, under circumstances that should
cause the person, agent, employee, or representative to make
reasonable inquiry to ascertain that the person from whom the
property was bought or received had the legal right to sell or
deliver it, without making a reasonable inquiry, shall be guilty of a
misdemeanor.
   (c) Any person who has been injured by a violation of subdivision
(a) or (b) may bring an action for three times the amount of actual
damages, if any, sustained by the plaintiff, costs of suit, and
reasonable attorney's fees.
   (d) Notwithstanding Section 664, any attempt to commit any act
prohibited by this section, except an offense specified in the
accusatory pleading as a misdemeanor, is punishable by imprisonment
in the state prison, or in a county jail for not more than one year.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 215.  Section 498 of the Penal Code is amended to read:
   498.  (a) The following definitions govern the construction of
this section:
   (1) "Person" means any individual, or any partnership, firm,
association, corporation, limited liability company, or other legal
entity.
   (2) "Utility" means any electrical, gas, or water corporation as
those terms are defined in the Public Utilities Code, and electrical,
gas, or water systems operated by any political subdivision.
   (3) "Customer" means the person in whose name utility service is
provided.
   (4) "Utility service" means the provision of electricity, gas,
water, or any other service provided by the utility for compensation.

   (5) "Divert" means to change the intended course or path of
electricity, gas, or water without the authorization or consent of
the utility.
   (6) "Tamper" means to rearrange, injure, alter, interfere with, or
otherwise prevent from performing a normal or customary function.
   (7) "Reconnection" means the reconnection of utility service by a
customer or other person after service has been lawfully disconnected
by the utility.
   (b) Any person who, with intent to obtain for himself or herself
utility services without paying the full lawful charge therefor, or
with intent to enable another person to do so, or with intent to
deprive any utility of any part of the full lawful charge for utility
services it provides, commits, authorizes, solicits, aids, or abets
any of the following shall be guilty of a misdemeanor:
   (1) Diverts or causes to be diverted utility services, by any
means.
   (2) Prevents any utility meter, or other device used in
determining the charge for utility services, from accurately
performing its measuring function by tampering or by any other means.

   (3) Tampers with any property owned by or used by the utility to
provide utility services.
   (4) Makes or causes to be made any connection with or reconnection
with property owned or used by the utility to provide utility
services without the authorization or consent of the utility.
   (5) Uses or receives the direct benefit of all or a portion of
utility services with knowledge or reason to believe that the
diversion, tampering, or unauthorized connection existed at the time
of that use, or that the use or receipt was otherwise without the
authorization or consent of the utility.
   (c) In any prosecution under this section, the presence of any of
the following objects, circumstances, or conditions on premises
controlled by the customer or by the person using or receiving the
direct benefit of all or a portion of utility services obtained in
violation of this section shall permit an inference that the customer
or person intended to and did violate this section:
   (1) Any instrument, apparatus, or device primarily designed to be
used to obtain utility services without paying the full lawful charge
therefor.
   (2) Any meter that has been altered, tampered with, or bypassed so
as to cause no measurement or inaccurate measurement of utility
services.
   (d) If the value of all utility services obtained in violation of
this section totals more than four hundred dollars ($400) or if the
defendant has previously been convicted of an offense under this
section or any former section which would be an offense under this
section, or of an offense under the laws of another state or of the
United States which would have been an offense under this section if
committed in this state, then the violation is punishable by
imprisonment in the county jail for not more than one year, or in the
state prison.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (f) This section shall not be construed to preclude the
applicability of any other provision of the criminal law of this
state.
  SEC. 216.  Section 499 of the Penal Code is amended to read:
   499.  (a) Any person who, having been convicted of a previous
violation of Section 10851 of the Vehicle Code, or of subdivision (d)
of Section 487, involving a vehicle or vessel, and having served a
term therefor in any penal institution or having been imprisoned
therein as a condition of probation for the offense, is subsequently
convicted of a violation of Section 499b, involving a vehicle or
vessel, is punishable for the subsequent offense by imprisonment in
the county jail not exceeding one year or the state prison for 16
months, two, or three years.
   (b) Any person convicted of a violation of Section 499b, who has
been previously convicted under charges separately brought and tried
two or more times of a violation of Section 499b, all such violations
involving a vehicle or vessel, and who has been imprisoned 
therefore   therefor  as a condition of probation
or otherwise at least once, is punishable by imprisonment in the
county jail for not more than one year or in the state prison for 16
months, two, or three years.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 217.  Section 499b of the Penal Code is amended to read:
   499b.  (a) Any person who, without the permission of the owner
thereof, takes any bicycle for the purpose of temporarily using or
operating the same, is guilty of a misdemeanor, and shall be punished
by a fine not exceeding four hundred dollars ($400), or by
imprisonment in a county jail not exceeding three months, or by both
that fine and imprisonment.
   (b) Any person who, without the permission of the owner thereof,
takes any vessel for the purpose of temporarily using or operating
the same, is guilty of a misdemeanor, and shall be punished by a fine
not exceeding one thousand dollars ($1,000), or by imprisonment in a
county jail not exceeding one year, or by both that fine and
imprisonment.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 218.  Section 499c of the Penal Code is amended to read:
   499c.  (a) As used in this section:
   (1) "Access" means to approach, a way or means of approaching,
nearing, admittance to, including to instruct, communicate with,
store information in, or retrieve information from a computer system
or computer network.
   (2) "Article" means any object, material, device, or substance or
copy thereof, including any writing, record, recording, drawing,
sample, specimen, prototype, model, photograph, micro-organism,
blueprint, map, or tangible representation of a computer program or
information, including both human and computer readable information
and information while in transit.
   (3) "Benefit" means gain or advantage, or anything regarded by the
beneficiary as gain or advantage, including benefit to any other
person or entity in whose welfare he or she is interested.
   (4) "Computer system" means a machine or collection of machines,
one or more of which contain computer programs and information, that
performs functions, including, but not limited to, logic, arithmetic,
information storage and retrieval, communications, and control.
   (5) "Computer network" means an interconnection of two or more
computer systems.
   (6) "Computer program" means an ordered set of instructions or
statements, and related information that, when automatically executed
in actual or modified form in a computer system, causes it to
perform specified functions.
   (7) "Copy" means any facsimile, replica, photograph or other
reproduction of an article, and any note, drawing or sketch made of
or from an article.
   (8) "Representing" means describing, depicting, containing,
constituting, reflecting or recording.
   (9) "Trade secret" means information, including a formula,
pattern, compilation, program, device, method, technique, or process,
that:
   (A) Derives independent economic value, actual or potential, from
not being generally known to the public or to other persons who can
obtain economic value from its disclosure or use; and
   (B) Is the subject of efforts that are reasonable under the
circumstances to maintain its secrecy.
   (b) Every person is guilty of theft who, with intent to deprive or
withhold the control of a trade secret from its owner, or with an
intent to appropriate a trade secret to his or her own use or to the
use of another, does any of the following:
   (1) Steals, takes, carries away, or uses without authorization, a
trade secret.
   (2) Fraudulently appropriates any article representing a trade
secret entrusted to him or her.
   (3) Having unlawfully obtained access to the article, without
authority makes or causes to be made a copy of any article
representing a trade secret.
   (4) Having obtained access to the article through a relationship
of trust and confidence, without authority and in breach of the
obligations created by that relationship, makes or causes to be made,
directly from and in the presence of the article, a copy of any
article representing a trade secret.
   (c) Every person who promises, offers or gives, or conspires to
promise or offer to give, to any present or former agent, employee or
servant of another, a benefit as an inducement, bribe or reward for
conveying, delivering or otherwise making available an article
representing a trade secret owned by his or her present or former
principal, employer or master, to any person not authorized by the
owner to receive or acquire the trade secret and every present or
former agent, employee, or servant, who solicits, accepts, receives
or takes a benefit as an inducement, bribe or reward for conveying,
delivering or otherwise making available an article representing a
trade secret owned by his or her present or former principal,
employer or master, to any person not authorized by the owner to
receive or acquire the trade secret, shall be punished by
imprisonment in the state prison, or in a county jail not exceeding
one year, or by a fine not exceeding five thousand dollars ($5,000),
or by both that fine and imprisonment.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (e) In a prosecution for a violation of this section, it shall be
no defense that the person returned or intended to return the
article.
  SEC. 219.  Section 499d of the Penal Code is amended to read:
   499d.  (a) Any person who operates or takes an aircraft not his
own, without the consent of the owner thereof, and with intent to
either permanently or temporarily deprive the owner thereof of his
title to or possession of that vehicle, whether with or without
intent to steal the same, or any person who is a party or accessory
to or an accomplice in any operation or unauthorized taking or
stealing is guilty of a felony, and upon conviction thereof shall be
punished by imprisonment in the state prison, or in the county jail
for not more than one year or by a fine of not more than ten thousand
dollars ($10,000) or by both that fine and imprisonment.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 220.  Section 520 of the Penal Code is amended to read:
   520.  (a) Every person who extorts any money or other property
from another, under circumstances not amounting to robbery or
carjacking, by means of force, or any threat, such as is mentioned in
Section 519, shall be punished by imprisonment in the state prison
for two, three or four years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 221.  Section 524 of the Penal Code is amended to read:
   524.  (a) Every person who attempts, by means of any threat, such
as is specified in Section 519, to extort money or other property
from another is punishable by imprisonment in the county jail not
longer than one year or in the state prison or by fine not exceeding
ten thousand dollars ($10,000), or by both that fine and
imprisonment.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 222.  Section 530.5 of the Penal Code is amended to read:
   530.5.  (a) Every person who willfully obtains personal
identifying information, as defined in subdivision (b) of Section
530.55, of another person, and uses that information for any unlawful
purpose, including to obtain, or attempt to obtain, credit, goods,
services, real property, or medical information without the consent
of that person, is guilty of a public offense, and upon conviction
therefor, shall be punished by a fine, by imprisonment in a county
jail not to exceed one year, or by both a fine and imprisonment, or
by imprisonment in the state prison.
   (b) In any case in which a person willfully obtains personal
identifying information of another person, uses that information to
commit a crime in addition to a violation of subdivision (a), and is
convicted of that crime, the court records shall reflect that the
person whose identity was falsely used to commit the crime did not
commit the crime.
   (c) (1) Every person who, with the intent to defraud, acquires, or
retains possession of the personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person is
guilty of a public offense, and upon conviction therefor, shall be
punished by a fine, by
       imprisonment in a county jail not to exceed one year, or both
a fine and imprisonment.
   (2) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person, and
who has previously been convicted of a violation of this section upon
conviction therefor shall be punished by a fine, by imprisonment in
a county jail not to exceed one year, or by both a fine and
imprisonment, or by imprisonment in the state prison.
   (3) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as
defined in subdivision (b) of Section 530.55, of 10 or more other
persons is guilty of a public offense, and upon conviction therefor,
shall be punished by a fine, by imprisonment in a county jail not to
exceed one year, or by both a fine and imprisonment, or by
imprisonment in the state prison.
   (d) (1) Every person who, with the intent to defraud, sells,
transfers, or conveys the personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person is
guilty of a public offense, and upon conviction therefor, shall be
punished by a fine, by imprisonment in a county jail not to exceed
one year, or by both a fine and imprisonment, or by imprisonment in
the state prison.
   (2) Every person who, with actual knowledge that the personal
identifying information, as defined in subdivision (b) of Section
530.55, of a specific person will be used to commit a violation of
subdivision (a), sells, transfers, or conveys that same personal
identifying information is guilty of a public offense, and upon
conviction therefor, shall be punished by a fine, by imprisonment in
the state prison, or by both fine and imprisonment.
   (e) Every person who commits mail theft, as defined in Section
1705 of Title 18 of the United States Code, is guilty of a public
offense, and upon conviction therefor shall be punished by a fine, by
imprisonment in a county jail not to exceed one year, or by both a
fine and imprisonment. Prosecution under this subdivision shall not
limit or preclude prosecution under any other provision of law,
including, but not limited to subdivisions (a) to (c), inclusive.
   (f) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (g) An interactive computer service or access software provider,
as defined in subsection (f) of Section 230 of Title 47 of the United
States Code, shall not be liable under this section unless the
service or provider acquires, transfers, sells, conveys, or retains
possession of personal information with the intent to defraud.
  SEC. 223.  Section 646.9 of the Penal Code is amended to read:
   646.9.  (a) Any person who willfully, maliciously, and repeatedly
follows or willfully and maliciously harasses another person and who
makes a credible threat with the intent to place that person in
reasonable fear for his or her safety, or the safety of his or her
immediate family is guilty of the crime of stalking, punishable by
imprisonment in a county jail for not more than one year, or by a
fine of not more than one thousand dollars ($1,000), or by both that
fine and imprisonment, or by imprisonment in the state prison.
   (b) Any person who violates subdivision (a) when there is a
temporary restraining order, injunction, or any other court order in
effect prohibiting the behavior described in subdivision (a) against
the same party, shall be punished by imprisonment in the state prison
for two, three, or four years.
   (c) (1) Every person who, after having been convicted of a felony
under Section 273.5, 273.6, or 422, commits a violation of
subdivision (a) shall be punished by imprisonment in a county jail
for not more than one year, or by a fine of not more than one
thousand dollars ($1,000), or by both that fine and imprisonment, or
by imprisonment in the state prison for two, three, or five years.
   (2) Every person who, after having been convicted of a felony
under subdivision (a), commits a violation of this section shall be
punished by imprisonment in the state prison for two, three, or five
years.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (e) In addition to the penalties provided in this section, the
sentencing court may order a person convicted of a felony under this
section to register as a sex offender pursuant to Section 290.006.
   (f) (1) For the purposes of this section, "harasses" means engages
in a knowing and willful course of conduct directed at a specific
person that seriously alarms, annoys, torments, or terrorizes the
person, and that serves no legitimate purpose.
   (2)  For the purposes of this section, "course of conduct" means
two or more acts occurring over a period of time, however short,
evidencing a continuity of purpose. Constitutionally protected
activity is not included within the meaning of "course of conduct."
   (3) For the purposes of this section, "credible threat" means a
verbal or written threat, including that performed through the use of
an electronic communication device, or a threat implied by a pattern
of conduct or a combination of verbal, written, or electronically
communicated statements and conduct, made with the intent to place
the person that is the target of the threat in reasonable fear for
his or her safety or the safety of his or her family, and made with
the apparent ability to carry out the threat so as to cause the
person who is the target of the threat to reasonably fear for his or
her safety or the safety of his or her family. It is not necessary to
prove that the defendant had the intent to actually carry out the
threat. The present incarceration of a person making the threat shall
not be a bar to prosecution under this section. Constitutionally
protected activity is not included within the meaning of "credible
threat."
   (4) For purposes of this section, the term "electronic
communication device" includes, but is not limited to, telephones,
cellular phones, computers, video recorders, fax machines, or pagers.
"Electronic communication" has the same meaning as the term defined
in Subsection 12 of Section 2510 of Title 18 of the United States
Code.
   (5) For purposes of this section, "immediate family" means any
spouse, parent, child, any person related by consanguinity or
affinity within the second degree, or any other person who regularly
resides in the household, or who, within the prior six months,
regularly resided in the household.
    (g) This section shall not apply to conduct that occurs during
labor picketing.
    (h) If probation is granted, or the execution or imposition of a
sentence is suspended, for any person convicted under this section,
it shall be a condition of probation that the person participate in
counseling, as designated by the court. However, the court, upon a
showing of good cause, may find that the counseling requirement shall
not be imposed.
    (i) The sentencing court also shall consider issuing an order
restraining the defendant from any contact with the victim, that may
be valid for up to 10 years, as determined by the court. It is the
intent of the Legislature that the length of any restraining order be
based upon the seriousness of the facts before the court, the
probability of future violations, and the safety of the victim and
his or her immediate family.
    (j) The court shall consider whether the defendant would benefit
from treatment pursuant to Section 2684. If it is determined to be
appropriate, the court shall recommend that the Department of
Corrections and Rehabilitation make a certification as provided in
Section 2684. Upon the certification, the defendant shall be
evaluated and transferred to the appropriate hospital for treatment
pursuant to Section 2684.
  SEC. 224.  Section 664 of the Penal Code is amended to read:
   664.  Every person who attempts to commit any crime, but fails, or
is prevented or intercepted in its perpetration, shall be punished
where no provision is made by law for the punishment of those
attempts, as follows:
   (a) If the crime attempted is punishable by imprisonment in the
state prison, the person guilty of the attempt shall be punished by
imprisonment in the state prison for one-half the term of
imprisonment prescribed upon a conviction of the offense attempted.
However, if the crime attempted is willful, deliberate, and
premeditated murder, as defined in Section 189, the person guilty of
that attempt shall be punished by imprisonment in the state prison
for life with the possibility of parole. If the crime attempted is
any other one in which the maximum sentence is life imprisonment or
death, the person guilty of the attempt shall be punished by
imprisonment in the state prison for five, seven, or nine years. The
additional term provided in this section for attempted willful,
deliberate, and premeditated murder shall not be imposed unless the
fact that the attempted murder was willful, deliberate, and
premeditated is charged in the accusatory pleading and admitted or
found to be true by the trier of fact.
   (b) If the crime attempted is punishable by imprisonment in a
county jail, the person guilty of the attempt shall be punished by
imprisonment in a county jail for a term not exceeding one-half the
term of imprisonment prescribed upon a conviction of the offense
attempted.
   (c) If the offense so attempted is punishable by a fine, the
offender convicted of that attempt shall be punished by a fine not
exceeding one-half the largest fine which may be imposed upon a
conviction of the offense attempted.
   (d) If a crime is divided into degrees, an attempt to commit the
crime may be of any of those degrees, and the punishment for the
attempt shall be determined as provided by this section.
   (e) Notwithstanding subdivision (a), if attempted murder is
committed upon a peace officer or firefighter, as those terms are
defined in paragraphs (7) and (9) of subdivision (a) of Section
190.2, a custodial officer, as that term is defined in subdivision
(a) of Section 831 or subdivision (a) of Section 831.5, a custody
assistant, as that term is defined in subdivision (a) of Section
831.7, or a nonsworn uniformed employee of a sheriff's department
whose job entails the care or control of inmates in a detention
facility, as defined in subdivision (c) of Section 289.6, and the
person who commits the offense knows or reasonably should know that
the victim is a peace officer, firefighter, custodial officer,
custody assistant, or nonsworn uniformed employee of a sheriff's
department engaged in the performance of his or her duties, the
person guilty of the attempt shall be punished by imprisonment in the
state prison for life with the possibility of parole.
   This subdivision shall apply if it is proven that a direct but
ineffectual act was committed by one person toward killing another
human being and the person committing the act harbored express malice
aforethought, namely, a specific intent to unlawfully kill another
human being. The Legislature finds and declares that this paragraph
is declaratory of existing law.
   (f) Notwithstanding subdivision (a), if the elements of
subdivision (e) are proven in an attempted murder and it is also
charged and admitted or found to be true by the trier of fact that
the attempted murder was willful, deliberate, and premeditated, the
person guilty of the attempt shall be punished by imprisonment in the
state prison for 15 years to life. Article 2.5 (commencing with
Section 2930) of Chapter 7 of Title 1 of Part 3 shall not apply to
reduce this minimum term of 15 years in state prison, and the person
shall not be released prior to serving 15 years' confinement.
   (g) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 225.  Section 666 of the Penal Code is amended to read:
   666.  (a) Every person who, having been convicted of petty theft,
grand theft, auto theft under Section 10851 of the Vehicle Code,
burglary, carjacking, robbery, or a felony violation of Section 496
and having served a term therefor in any penal institution or having
been imprisoned therein as a condition of probation for that offense,
is subsequently convicted of petty theft, then the person convicted
of that subsequent offense is punishable by imprisonment in the
county jail not exceeding one year, or in the state prison.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 226.  Section 666.5 of the Penal Code is amended to read:
   666.5.  (a) Every person who, having been previously convicted of
a felony violation of Section 10851 of the Vehicle Code, or felony
grand theft involving an automobile in violation of subdivision (d)
of Section 487 or former subdivision (3) of Section 487, as that
section read prior to being amended by Section 4 of Chapter 1125 of
the Statutes of 1993, or felony grand theft involving a motor
vehicle, as defined in Section 415 of the Vehicle Code, any trailer,
as defined in Section 630 of the Vehicle Code, any special
construction equipment, as defined in Section 565 of the Vehicle
Code, or any vessel, as defined in Section 21 of the Harbors and
Navigation Code in violation of former Section 487h, or a felony
violation of Section 496d regardless of whether or not the person
actually served a prior prison term for those offenses, is
subsequently convicted of any of these offenses shall be punished by
imprisonment in the state prison for two, three, or four years, or a
fine of ten thousand dollars ($10,000), or both the fine and the
imprisonment.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) For the purposes of this section, the terms "special
construction equipment" and "vessel" are limited to motorized
vehicles and vessels.
   (d) The existence of any fact which would bring a person under
subdivision (a) shall be alleged in the information or indictment and
either admitted by the defendant in open court, or found to be true
by the jury trying the issue of guilt or by the court where guilt is
established by plea of guilty or nolo contendere or by trial by the
court sitting without a jury.
  SEC. 227.  Section 667.10 of the Penal Code is amended to read:
   667.10.  (a) Any person who has a prior conviction of the offense
set forth in Section 289 and who commits that crime against a person
who is 65 years of age or older, or against a person who is blind,
deaf, developmentally disabled, as defined in subdivision (d) of
Section 667.9, a paraplegic, or a quadriplegic, or against a person
who is under the age of 14 years, and that disability or condition is
known or reasonably should be known to the person committing the
crime, shall receive a two-year enhancement for each violation in
addition to the sentence provided under Section 289.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) The existence of any fact which would bring a person under
subdivision (a) shall be alleged in the information or indictment and
either admitted by the defendant in open court, or found to be true
by the jury trying the issue of guilt or by the court where guilt is
established by plea of guilty or nolo contendere or by trial by the
court sitting without a jury.
  SEC. 228.  Section 667.15 of the Penal Code is amended to read:
   667.15.  Any adult who, prior to or during the commission or
attempted commission of a violation of Section 288 or 288.5, exhibits
to the minor any matter, as defined in subdivision (d) of Section
311.11, the production of which involves the use of a person under
the age of 14 years, knowing that the matter depicts a person under
the age of 14 years personally engaging in or simulating sexual
conduct, as defined in subdivision (d) of Section 311.4, with the
intent of arousing, appealing to, or gratifying the lust, passions,
or sexual desires of that person or of the minor, or with the intent,
or for the purpose, of seducing the minor, shall be punished for a
violation of this section as follows:
   (a) If convicted of the commission or attempted commission of a
violation of Section 288, the adult shall receive an additional term
of one year, which punishment shall be imposed in addition and
consecutive to the punishment imposed for the commission or attempted
commission of a violation of Section 288.
   (b) If convicted of the commission or attempted commission of a
violation of Section 288.5, the adult shall receive an additional
term of two years, which punishment shall be imposed in addition and
consecutive to the punishment imposed for the commission or attempted
commission of a violation of Section 288.5.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 229.  Section 667.16 of the Penal Code is amended to read:
   667.16.  (a) Any person convicted of a felony violation of Section
470, 487, or 532 as part of a plan or scheme to defraud an owner of
a residential or nonresidential structure, including a mobilehome or
manufactured home, in connection with the offer or performance of
repairs to the structure for damage caused by a natural disaster,
shall receive a one-year enhancement in addition and consecutive to
the penalty prescribed. The additional term shall not be imposed
unless the allegation is charged in the accusatory pleading and
admitted by the defendant or found to be true by the trier of fact.
   (b) This enhancement applies to natural disasters for which a
state of emergency is proclaimed by the Governor pursuant to Section
8625 of the Government Code or for which an emergency or major
disaster is declared by the President of the United States.
   (c) Notwithstanding any other law, the court may strike the
additional term provided in subdivision (a) if the court determines
that there are mitigating circumstances and states on the record the
reasons for striking the additional punishment.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 230.  Section 667.17 of the Penal Code is amended to read:
   667.17.  (a) Any person who violates the provisions of Section
538d during the commission of a felony shall receive an additional
one-year term of imprisonment to be imposed consecutive to the term
imposed for the felony, in lieu of the penalty that would have been
imposed under Section 538d.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 231.  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 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
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 subdivision (a) applies, where the new offense is
any felony for which a prison sentence is imposed, in addition and
consecutive to any other prison terms therefor, the court shall
impose a one-year term for each prior separate prison term served for
any felony; provided that no additional term shall 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 prison custody
and the commission of an offense which results in a felony
conviction.
   (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 12308, 12309, or 12310.
   (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 of the Penal Code.
   (20) Threats to victims or witnesses, as defined in Section 136.1,
which would constitute a felony violation of Section 186.22 of the
Penal Code.
   (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.
   (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 or until release on parole, whichever first
occurs, including any time during which the defendant remains subject
to reimprisonment for escape from custody or is reimprisoned on
revocation of parole. 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.
   (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 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 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 Department of Corrections
and Rehabilitation at a facility operated by the department, that
incarceration shall be deemed to be a term served in state prison.
   (k) 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.

            This subdivision shall not apply when a full, separate,
and consecutive term is imposed pursuant to any other provision of
law.
   (l) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules, except that no sentencing rule shall
change any provision of this section that was specifically added by
voter initiative.
  SEC. 232.  Section 667.51 of the Penal Code is amended to read:
   667.51.  (a) Any person who is convicted of violating Section 288
or 288.5 shall receive a five-year enhancement for a prior conviction
of an offense specified in subdivision (b).
   (b) Section 261, 262, 264.1, 269, 285, 286, 288, 288a, 288.5, or
289, or any offense committed in another jurisdiction that includes
all of the elements of any of the offenses specified in this
subdivision.
   (c) A violation of Section 288 or 288.5 by a person who has been
previously convicted two or more times of an offense specified in
subdivision (b) shall be punished by imprisonment in the state prison
for 15 years to life.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules, except that no sentencing rule shall
change any provision of this section that was specifically added by
voter initiative.
  SEC. 233.  Section 667.6 of the Penal Code is amended to read:
   667.6.  (a) Any person who is convicted of an offense specified in
subdivision (e) and who has been convicted previously of any of
those offenses shall receive a five-year enhancement for each of
those prior convictions.
   (b) Any person who is convicted of an offense specified in
subdivision (e) and who has served two or more prior prison terms as
defined in Section 667.5 for any of those offenses shall receive a
10-year enhancement for each of those prior terms.
   (c) In lieu of the term provided in Section 1170.1, a full,
separate, and consecutive term may be imposed for each violation of
an offense specified in subdivision (e) if the crimes involve the
same victim on the same occasion. A term may be imposed consecutively
pursuant to this subdivision if a person is convicted of at least
one offense specified in subdivision (e). If the term is imposed
consecutively pursuant to this subdivision, it shall be served
consecutively to any other term of imprisonment, and shall commence
from the time the person otherwise would have been released from
imprisonment. The term shall not be included in any determination
pursuant to Section 1170.1. Any other term imposed subsequent to that
term shall not be merged therein but shall commence at the time the
person otherwise would have been released from prison.
   (d) A full, separate, and consecutive term shall be imposed for
each violation of an offense specified in subdivision (e) if the
crimes involve separate victims or involve the same victim on
separate occasions.
   In determining whether crimes against a single victim were
committed on separate occasions under this subdivision, the court
shall consider whether, between the commission of one sex crime and
another, the defendant had a reasonable opportunity to reflect upon
his or her actions and nevertheless resumed sexually assaultive
behavior. Neither the duration of time between crimes, nor whether or
not the defendant lost or abandoned his or her opportunity to
attack, shall be, in and of itself, determinative on the issue of
whether the crimes in question occurred on separate occasions.
   The term shall be served consecutively to any other term of
imprisonment and shall commence from the time the person otherwise
would have been released from imprisonment. The term shall not be
included in any determination pursuant to Section 1170.1. Any other
term imposed subsequent to that term shall not be merged therein but
shall commence at the time the person otherwise would have been
released from prison.
   (e) This section shall apply to the following offenses:
   (1) Rape, in violation of paragraph (2), (3), (6), or (7) of
subdivision (a) of Section 261.
   (2) Spousal rape, in violation of paragraph (1), (4), or (5) of
subdivision (a) of Section 262.
   (3) Rape, spousal rape, or sexual penetration, in concert, in
violation of Section 264.1.
   (4) Sodomy, in violation of paragraph (2) or (3) of subdivision
(c), or subdivision (d) or (k), of Section 286.
   (5) Lewd or lascivious act, in violation of subdivision (b) of
Section 288.
   (6) Continuous sexual abuse of a child, in violation of Section
288.5.
   (7) Oral copulation, in violation of paragraph (2) or (3) of
subdivision (c), or subdivision (d) or (k), of Section 288a.
   (8) Sexual penetration, in violation of subdivision (a) or (g) of
Section 289.
   (9) As a present offense under subdivision (c) or (d), assault
with intent to commit a specified sexual offense, in violation of
Section 220.
   (10) As a prior conviction under subdivision (a) or (b), an
offense committed in another jurisdiction that includes all of the
elements of an offense specified in this subdivision.
   (f) In addition to any enhancement imposed pursuant to subdivision
(a) or (b), the court may also impose a fine not to exceed twenty
thousand dollars ($20,000) for anyone sentenced under those
provisions. The fine imposed and collected pursuant to this
subdivision shall be deposited in the Victim-Witness Assistance Fund
to be available for appropriation to fund child sexual exploitation
and child sexual abuse victim counseling centers and prevention
programs established pursuant to Section 13837. If the court orders a
fine to be imposed pursuant to this subdivision, the actual
administrative cost of collecting that fine, not to exceed 2 percent
of the total amount paid, may be paid into the general fund of the
county treasury for the use and benefit of the county.
   (g) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules, except that no sentencing rule shall
change any provision of this section that was specifically added by
voter initiative.
  SEC. 234.  Section 667.61 of the Penal Code is amended to read:
   667.61.  (a) Any person who is convicted of an offense specified
in subdivision (c) under one or more of the circumstances specified
in subdivision (d) or under two or more of the circumstances
specified in subdivision (e) shall be punished by imprisonment in the
state prison for 25 years to life.
   (b) Except as provided in subdivision (a), any person who is
convicted of an offense specified in subdivision (c) under one of the
circumstances specified in subdivision (e) shall be punished by
imprisonment in the state prison for 15 years to life.
   (c) This section shall apply to any of the following offenses:
   (1) Rape, in violation of paragraph (2) or (6) of subdivision (a)
of Section 261.
   (2) Spousal rape, in violation of paragraph (1) or (4) of
subdivision (a) of Section 262.
   (3) Rape, spousal rape, or sexual penetration, in concert, in
violation of Section 264.1.
   (4) Lewd or lascivious act, in violation of subdivision (b) of
Section 288.
   (5) Sexual penetration, in violation of subdivision (a) of Section
289.
   (6) Sodomy, in violation of paragraph (2) or (3) of subdivision
(c), or subdivision (d), of Section 286.
   (7) Oral copulation, in violation of paragraph (2) or (3) of
subdivision (c), or subdivision (d), of Section 288a.
   (8) Lewd or lascivious act, in violation of subdivision (a) of
Section 288.
   (9) Continuous sexual abuse of a child, in violation of Section
288.5.
   (d) The following circumstances shall apply to the offenses
specified in subdivision (c):
   (1) The defendant has been previously convicted of an offense
specified in subdivision (c), including an offense committed in
another jurisdiction that includes all of the elements of an offense
specified in subdivision (c).
   (2) The defendant kidnapped the victim of the present offense and
the movement of the victim substantially increased the risk of harm
to the victim over and above that level of risk necessarily inherent
in the underlying offense in subdivision (c).
   (3) The defendant inflicted aggravated mayhem or torture on the
victim or another person in the commission of the present offense in
violation of Section 205 or 206.
   (4) The defendant committed the present offense during the
commission of a burglary of the first degree, as defined in
subdivision (a) of Section 460, with intent to commit an offense
specified in subdivision (c).
   (5) The defendant committed the present offense in violation of
Section 264.1, subdivision (d) of Section 286, or subdivision (d) of
Section 288a, and, in the commission of that offense, any person
committed any act described in paragraph (2), (3), or (4) of this
subdivision.
   (e) The following circumstances shall apply to the offenses
specified in subdivision (c):
   (1) Except as provided in paragraph (2) of subdivision (d), the
defendant kidnapped the victim of the present offense in violation of
Section 207, 209, or 209.5.
   (2) Except as provided in paragraph (4) of subdivision (d), the
defendant committed the present offense during the commission of a
burglary in violation of Section 459.
   (3) The defendant personally inflicted great bodily injury on the
victim or another person in the commission of the present offense in
violation of Section 12022.53, 12022.7, or 12022.8.
   (4) The defendant personally used a dangerous or deadly weapon or
a firearm in the commission of the present offense in violation of
Section 12022, 12022.3, 12022.5, or 12022.53.
   (5) The defendant has been convicted in the present case or cases
of committing an offense specified in subdivision (c) against more
than one victim.
   (6) The defendant engaged in the tying or binding of the victim or
another person in the commission of the present offense.
   (7) The defendant administered a controlled substance to the
victim in the commission of the present offense in violation of
Section 12022.75.
   (8) The defendant committed the present offense in violation of
Section 264.1, subdivision (d) of Section 286, or subdivision (d) of
Section 288a, and, in the commission of that offense, any person
committed any act described in paragraph (1), (2), (3), (4), (6), or
(7) of this subdivision.
   (f) If only the minimum number of circumstances specified in
subdivision (d) or (e) that are required for the punishment provided
in subdivision (a) or (b) to apply have been pled and proved, that
circumstance or those circumstances shall be used as the basis for
imposing the term provided in subdivision (a) or (b), whichever is
greater, rather than being used to impose the punishment authorized
under any other provision of law, unless another provision of law
provides for a greater penalty or the punishment under another
provision of law can be imposed in addition to the punishment
provided by this section. However, if any additional circumstance or
circumstances specified in subdivision (d) or (e) have been pled and
proved, the minimum number of circumstances shall be used as the
basis for imposing the term provided in subdivision (a), and any
other additional circumstance or circumstances shall be used to
impose any punishment or enhancement authorized under any other
provision of law.
   (g) Notwithstanding Section 1385 or any other provision of law,
the court shall not strike any allegation, admission, or finding of
any of the circumstances specified in subdivision (d) or (e) for any
person who is subject to punishment under this section.
   (h) Notwithstanding any other provision of law, probation shall
not be granted to, nor shall the execution or imposition of sentence
be suspended for, any person who is subject to punishment under this
section.
   (i) For any offense specified in paragraphs (1) to (7), inclusive,
of subdivision (c), the court shall impose a consecutive sentence
for each offense that results in a conviction under this section if
the crimes involve separate victims or involve the same victim on
separate occasions as defined in subdivision (d) of Section 667.6.
   (j) The penalties provided in this section shall apply only if the
existence of any circumstance specified in subdivision (d) or (e) is
alleged in the accusatory pleading pursuant to this section, and is
either admitted by the defendant in open court or found to be true by
the trier of fact.
   (k) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules, except that no sentencing rule shall
change any provision of this section that was specifically added by
voter initiative.
  SEC. 235.  Section 667.7 of the Penal Code is amended to read:
   667.7.  (a) Any person convicted of a felony in which the person
inflicted great bodily injury as provided in Section 12022.53 or
12022.7, or personally used force which was likely to produce great
bodily injury, who has served two or more prior separate prison terms
as defined in Section 667.5 for the crime of murder; attempted
murder; voluntary manslaughter; mayhem; rape by force, violence, or
fear of immediate and unlawful bodily injury on the victim or another
person; oral copulation by force, violence, duress, menace, or fear
of immediate and unlawful bodily injury on the victim or another
person; sodomy by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person;
lewd acts on a child under the age of 14 years by use of force,
violence, duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person; a violation of subdivision
(a) of Section 289 where the act is accomplished against the victim's
will by means of force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person;
kidnapping as punished in former subdivision (d) of Section 208, or
for ransom, extortion, or robbery; robbery involving the use of force
or a deadly weapon; carjacking involving the use of a deadly weapon;
assault with intent to commit murder; assault with a deadly weapon;
assault with a force likely to produce great bodily injury; assault
with intent to commit rape, sodomy, oral copulation, sexual
penetration in violation of Section 289, or lewd and lascivious acts
on a child; arson of a structure; escape or attempted escape by an
inmate with force or violence in violation of subdivision (a) of
Section 4530, or of Section 4532; exploding a destructive device with
intent to murder in violation of Section 12308; exploding a
destructive device which causes bodily injury in violation of Section
12309, or mayhem or great bodily injury in violation of Section
12310; exploding a destructive device with intent to injure,
intimidate, or terrify, in violation of Section 12303.3; any felony
in which the person inflicted great bodily injury as provided in
Section 12022.53 or 12022.7; or any felony punishable by death or
life imprisonment with or without the possibility of parole is a
habitual offender and shall be punished as follows:
   (1) A person who served two prior separate prison terms shall be
punished by imprisonment in the state prison for life and shall not
be eligible for release on parole for 20 years, or the term
determined by the court pursuant to Section 1170 for the underlying
conviction, including any enhancement applicable under Chapter 4.5
(commencing with Section 1170) of Title 7 of Part 2, or any period
prescribed by Section 190 or 3046, whichever is greatest. Article 2.5
(commencing with Section 2930) of Chapter 7 of Title 1 of Part 3
shall apply to reduce any minimum term in a state prison imposed
pursuant to this section, but the person shall not otherwise be
released on parole prior to that time.
   (2) Any person convicted of a felony specified in this subdivision
who has served three or more prior separate prison terms, as defined
in Section 667.5, for the crimes specified in subdivision (a) of
this section shall be punished by imprisonment in the state prison
for life without the possibility of parole.
   (b) This section shall not prevent the imposition of the
punishment of death or imprisonment for life without the possibility
of parole. No prior prison term shall be used for this determination
which was served prior to a period of 10 years in which the person
remained free of both prison custody and the commission of an offense
which results in a felony conviction. As used in this section, a
commitment to the former Department of the Youth Authority after
conviction for a felony shall constitute a prior prison term. The
term imposed under this section shall be imposed only if the prior
prison terms are alleged under this section in the accusatory
pleading, and either admitted by the defendant in open court, or
found to be true by the jury trying the issue of guilt or by the
court where guilt is established by a plea of guilty or nolo
contendere or by a trial by the court sitting without a jury.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 236.  Section 667.71 of the Penal Code is amended to read:
   667.71.  (a) For the purpose of this section, a habitual sexual
offender is a person who has been previously convicted of one or more
of the offenses specified in subdivision (c) and who is convicted in
the present proceeding of one of those offenses.
   (b) A habitual sexual offender shall be punished by imprisonment
in the state prison for 25 years to life.
   (c) This section shall apply to any of the following offenses:
   (1) Rape, in violation of paragraph (2) or (6) of subdivision (a)
of Section 261.
   (2) Spousal rape, in violation of paragraph (1) or (4) of
subdivision (a) of Section 262.
   (3) Rape, spousal rape, or sexual penetration, in concert, in
violation of Section 264.1.
   (4) Lewd or lascivious act, in violation of subdivision (a) or (b)
of Section 288.
   (5) Sexual penetration, in violation of subdivision (a) or (j) of
Section 289.
   (6) Continuous sexual abuse of a child, in violation of Section
288.5.
   (7) Sodomy, in violation of subdivision (c) or (d) of Section 286.

   (8) Oral copulation, in violation of subdivision (c) or (d) of
Section 288a.
   (9) Kidnapping, in violation of subdivision (b) of Section 207.
   (10) Kidnapping, in violation of former subdivision (d) of Section
208 (kidnapping to commit specified sex offenses).
   (11) Kidnapping, in violation of subdivision (b) of Section 209
with the intent to commit a specified sexual offense.
   (12) Aggravated sexual assault of a child, in violation of Section
269.
   (13) An offense committed in another jurisdiction that includes
all of the elements of an offense specified in this subdivision.
   (d) Notwithstanding Section 1385 or any other provision of law,
the court shall not strike any allegation, admission, or finding of
any prior conviction specified in subdivision (c) for any person who
is subject to punishment under this section.
   (e) Notwithstanding any other provision of law, probation shall
not be granted to, nor shall the execution or imposition of sentence
be suspended for, any person who is subject to punishment under this
section.
   (f) This section shall apply only if the defendant's status as a
habitual sexual offender is alleged in the accusatory pleading, and
either admitted by the defendant in open court, or found to be true
by the trier of fact.
   (g) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules, except that no sentencing rule shall
change any provision of this section that was specifically added by
voter initiative.
  SEC. 237.  Section 667.75 of the Penal Code is amended to read:
   667.75.  (a) Any person convicted of a violation of Section 11353,
11353.5, 11361, 11380, or 11380.5 of the Health and Safety Code who
has previously served two or more prior separate prison terms, as
defined in Section 667.5, for a violation of Section 11353, 11353.5,
11361, 11380, or 11380.5 of the Health and Safety Code, may be
punished by imprisonment in the state prison for life and shall not
be eligible for release on parole for 17 years, or the term
determined by the court pursuant to Section 1170 for the underlying
conviction, including any enhancement applicable under Chapter 4.5
(commencing with Section 1170) of Title 7 of Part 2, whichever is
greatest. The provisions of Article 2.5 (commencing with Section
2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce any
minimum term in a state prison imposed pursuant to this section, but
the person shall not otherwise be released on parole prior to that
time. No prior prison term shall be used for this determination which
was served prior to a period of 10 years in which the person
remained free of both prison custody and the commission of an offense
which results in a felony conviction. As used in this section, a
commitment to the former Department of the Youth Authority after
conviction for a felony shall constitute a prior prison term. The
term imposed under this section shall be imposed only if the prior
prison terms are alleged under this section in the accusatory
pleading, and either admitted by the defendant in open court, or
found to be true by the jury trying the issue of guilt or by the
court where guilt is established by a plea of guilty or nolo
contendere or by a trial by the court sitting without a jury.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 238.  Section 667.8 of the Penal Code is amended to read:
   667.8.  (a) Except as provided in subdivision (b), any person
convicted of a felony violation of Section 261, 262, 264.1, 286,
288a, or 289 who, for the purpose of committing that sexual offense,
kidnapped the victim in violation of Section 207 or 209, shall be
punished by an additional term of nine years.
   (b) Any person convicted of a felony violation of subdivision (c)
of Section 286, Section 288, or subdivision (c) of Section 288a who,
for the purpose of committing that sexual offense, kidnapped the
victim, who was under the age of 14 years at the time of the offense,
in violation of Section 207 or 209, shall be punished by an
additional term of 15 years. This subdivision is not applicable to
conduct proscribed by Section 277, 278, or 278.5.
   (c) The following shall govern the imposition of an enhancement
pursuant to this section:
   (1) Only one enhancement shall be imposed for a victim per
incident.
   (2) If there are two or more victims, one enhancement can be
imposed for each victim per incident.
   (3) The enhancement may be in addition to the punishment for
either, but not both, of the following:
   (A) A violation of Section 207 or 209.
   (B) A violation of the sexual offenses enumerated in this section.

   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 239.  Section 667.85 of the Penal Code is amended to read:
   667.85.  (a) Any person convicted of a violation of Section 207 or
209, who kidnapped or carried away any child under the age of 14
years with the intent to permanently deprive the parent or legal
guardian custody of that child, shall be punished by imprisonment in
the state prison for an additional five years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 240.  Section 667.9 of the Penal Code is amended to read:
   667.9.  (a) Any person who commits one or more of the crimes
specified in subdivision (c) against a person who is 65 years of age
or older, or against a person who is blind, deaf, developmentally
disabled, a paraplegic, or a quadriplegic, or against a person who is
under the age of 14 years, and that disability or condition is known
or reasonably should be known to the person committing the crime,
shall receive a one-year enhancement for each violation.
   (b) Any person who commits a violation of subdivision (a) and who
has a prior conviction for any of the offenses specified in
subdivision (c), shall receive a two-year enhancement for each
violation in addition to the sentence provided under Section 667.
   (c) Subdivisions (a) and (b) apply to the following crimes:
   (1) Mayhem, in violation of Section 203 or 205.
   (2) Kidnapping, in violation of Section 207, 209, or 209.5.
   (3) Robbery, in violation of Section 211.
   (4) Carjacking, in violation of Section 215.
   (5) Rape, in violation of paragraph (2) or (6) of subdivision (a)
of Section 261.
   (6) Spousal rape, in violation of paragraph (1) or (4) of
subdivision (a) of Section 262.
   (7) Rape, spousal rape, or sexual penetration in concert, in
violation of Section 264.1.
   (8) Sodomy, in violation of paragraph (2) or (3) of subdivision
(c), or subdivision (d), of Section 286.
   (9) Oral copulation, in violation of paragraph (2) or (3) of
subdivision (c), or subdivision (d), of Section 288a.
   (10) Sexual penetration, in violation of subdivision (a) of
Section 289.
   (11) Burglary of the first degree, as defined in Section 460, in
violation of Section 459.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (e) As used in this section, "developmentally disabled" means a
severe, chronic disability of a person, which is all of the
following:

        (1) Attributable to a mental or physical impairment or a
combination of mental and physical impairments.
   (2) Likely to continue indefinitely.
   (3) Results in substantial functional limitation in three or more
of the following areas of life activity:
   (A) Self-care.
   (B) Receptive and expressive language.
   (C) Learning.
   (D) Mobility.
   (E) Self-direction.
   (F) Capacity for independent living.
   (G) Economic self-sufficiency.
  SEC. 241.  Section 668 of the Penal Code is amended to read:
   668.  (a) Every person who has been convicted in any other state,
government, country, or jurisdiction of an offense for which, if
committed within this state, that person could have been punished
under the laws of this state by imprisonment in the state prison, is
punishable for any subsequent crime committed within this state in
the manner prescribed by law and to the same extent as if that prior
conviction had taken place in a court of this state. The application
of this section includes, but is not limited to, all statutes that
provide for an enhancement or a term of imprisonment based on a prior
conviction or a prior prison term.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 242.  Section 674 of the Penal Code is amended to read:
   674.  (a) Any person who is a primary care provider in a day care
facility and who is convicted of a felony violation of Section 261,
285, 286, 288, 288a, or 289, where the victim of the crime was a
minor entrusted to his or her care by the minor's parent or guardian,
a court, any public agency charged with the provision of social
services, or a probation department, may be punished by an additional
term of two years.
   (b) If the crime described in subdivision (a) was committed while
voluntarily acting in concert with another, the person so convicted
may be punished by an additional term of three years.
   (c) The enhancements authorized by this section may be imposed in
addition to any other required or authorized enhancement.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 243.  Section 675 of the Penal Code is amended to read:
   675.  (a) Any person suffering a felony conviction for a violation
of subdivision (c) or (d) of Section 261.5, paragraph (1) or (2) of
subdivision (b) or paragraph (1) of subdivision (c) of Section 286,
subdivision (a) or paragraph (1) of subdivision (c) of Section 288,
or paragraph (1) or (2) of subdivision (b) or paragraph (1) of
subdivision (c) of Section 288a, where the offense was committed with
a minor for money or other consideration, is punishable by an
additional term of imprisonment in the state prison of one year.
   (b) The enhancements authorized by this section may be imposed in
addition to any other required or authorized enhancement.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 244.  Section 2931 of the Penal Code is amended to read:
   2931.  (a) In any case in which a prisoner was sentenced to the
state prison pursuant to Section 1170, or if he committed a felony
before July 1, 1977, and he would have been sentenced under Section
1170 if the felony had been committed after July 1, 1977, the
Department of Corrections and Rehabilitation shall have the authority
to reduce the term prescribed under such section by one-third for
good behavior and participation consistent with subdivision (d) of
Section 1170.2. A document shall be signed by a prison official and
given to the prisoner, at the time of compliance with Section 2930,
outlining the conditions which the prisoner shall meet to receive the
credit. The conditions specified in such document may be modified
upon any of the following:
   (1) Mutual consent of the prisoner and the department.
   (2) The transfer of the prisoner from one institution to another.
   (3) The department's determination of the prisoner's lack of
adaptability or success in a specific program or assignment. In such
case the prisoner shall be entitled to a hearing regarding the
department's decision.
   (4) A change in custodial status.
   (b) Total possible good behavior and participation credit shall
result in a four-month reduction for each eight months served in
prison or in a reduction based on this ratio for any lesser period of
time. Three months of this four-month reduction, or a reduction
based on this ratio for any lesser period, shall be based upon
forbearance from any act for which the prisoner could be prosecuted
in a court of law, either as a misdemeanor or a felony, or any act of
misconduct described as a serious disciplinary infraction by the
department.
   (c) One month of this four-month reduction, or a reduction based
on this ratio for a lesser period, shall be based solely upon
participation in work, educational, vocational, therapeutic or other
prison activities. Failure to succeed after demonstrating a
reasonable effort in the specified activity shall not result in loss
of participation credit. Failure to participate in the specified
activities can result in a maximum loss of credit of 30 days for each
failure to participate. However, those confined for other than
behavior problems shall be given specified activities commensurate
with the custodial status.
   (d) This section shall not apply to any person whose crime was
committed on or after January 1, 1983.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, an
inmate to whom this section applies shall have his or her term
reduced as provided in the applicable sentencing rules.
  SEC. 245.  Section 2932 of the Penal Code is amended to read:
   2932.  (a) (1) For any time credit accumulated pursuant to Section
2931 or to Section 2933, not more than 360 days of credit may be
denied or lost for a single act of murder, attempted murder,
solicitation of murder, manslaughter, rape, sodomy, or oral
copulation accomplished against the victim's will, attempted rape,
attempted sodomy, or attempted oral copulation accomplished against
the victim's will, assault or battery causing serious bodily injury,
assault with a deadly weapon or caustic substance, taking of a
hostage, escape with force or violence, or possession or manufacture
of a deadly weapon or explosive device, whether or not prosecution is
undertaken for purposes of this paragraph. Solicitation of murder
shall be proved by the testimony of two witnesses, or of one witness
and corroborating circumstances.
   (2) Not more than 180 days of credit may be denied or lost for a
single act of misconduct, except as specified in paragraph (1), which
could be prosecuted as a felony whether or not prosecution is
undertaken.
   (3) Not more than 90 days of credit may be denied or lost for a
single act of misconduct which could be prosecuted as a misdemeanor,
whether or not prosecution is undertaken.
   (4) Not more than 30 days of credit may be denied or lost for a
single act of misconduct defined by regulation as a serious
disciplinary offense by the Department of Corrections and
Rehabilitation. Any person confined due to a change in custodial
classification following the commission of any serious disciplinary
infraction shall, in addition to any loss of time credits, be
ineligible to receive participation or worktime credit for a period
not to exceed the number of days of credit which have been lost for
the act of misconduct or 180 days, whichever is less. Any person
confined in a secure housing unit for having committed any misconduct
specified in paragraph (1) in which great bodily injury is inflicted
upon a nonprisoner shall, in addition to any loss of time credits,
be ineligible to receive participation or worktime credit for a
period not to exceed the number of days of credit which have been
lost for that act of misconduct, or for the period that the prisoner
is confined in a secure housing unit, whichever is less. In unusual
cases, an inmate may be denied the opportunity to participate in a
credit qualifying assignment for up to six months beyond the period
specified in this subdivision if the Secretary of the Department of
Corrections and Rehabilitation finds, after a hearing, that no credit
qualifying program may be assigned to the inmate without creating a
substantial risk of physical harm to staff or other inmates. At the
end of the six-month period and of successive six-month periods, the
denial of the opportunity to participate in a credit qualifying
assignment may be renewed upon a hearing and finding by the director.

   The prisoner may appeal the decision through the department's
review procedure, which shall include a review by an individual
independent of the institution who has supervisorial authority over
the institution.
   (b) For any credit accumulated pursuant to Section 2931, not more
than 30 days of participation credit may be denied or lost for a
single failure or refusal to participate. Any act of misconduct
described by the department as a serious disciplinary infraction if
committed while participating in work, educational, vocational,
therapeutic, or other prison activity shall be deemed a failure to
participate.
   (c) Any procedure not provided for by this section, but necessary
to carry out the purposes of this section, shall be those procedures
provided for by the department for serious disciplinary infractions
if those procedures are not in conflict with this section.
   (1) (A) The department shall, using reasonable diligence to
investigate, provide written notice to the prisoner. The written
notice shall be given within 15 days after the discovery of
information leading to charges that may result in a possible denial
of credit, except that if the prisoner has escaped, the notice shall
be given within 15 days of the prisoner's return to the custody of
the department. The written notice shall include the specific charge,
the date, the time, the place that the alleged misbehavior took
place, the evidence relied upon, a written explanation of the
procedures that will be employed at the proceedings and the prisoner'
s rights at the hearing. The hearing shall be conducted by an
individual who shall be independent of the case and shall take place
within 30 days of the written notice.
   (B) The department may delay written notice beyond 15 days when
all of the following factors are true:
   (i) An act of misconduct is involved which could be prosecuted as
murder, attempted murder, or assault on a prison employee, whether or
not prosecution is undertaken.
   (ii) Further investigation is being undertaken for the purpose of
identifying other prisoners involved in the misconduct.
   (iii) Within 15 days after the discovery of information leading to
charges that may result in a possible denial of credit, the
investigating officer makes a written request to delay notifying that
prisoner and states the reasons for the delay.
   (iv) The warden of the institution approves of the delay in
writing.
   The period of delay under this paragraph shall not exceed 30 days.
The prisoner's hearing shall take place within 30 days of the
written notice.
   (2) The prisoner may elect to be assigned an employee to assist in
the investigation, preparation, or presentation of a defense at the
disciplinary hearing if it is determined by the department that: (i)
the prisoner is illiterate; or (ii) the complexity of the issues or
the prisoner's confinement status makes it unlikely that the prisoner
can collect and present the evidence necessary for an adequate
comprehension of the case.
   (3) The prisoner may request witnesses to attend the hearing and
they shall be called unless the person conducting the hearing has
specific reasons to deny this request. The specific reasons shall be
set forth in writing and a copy of the document shall be presented to
the prisoner.
   (4) The prisoner has the right, under the direction of the person
conducting the hearing, to question all witnesses.
   (5) At the conclusion of the hearing the charge shall be dismissed
if the facts do not support the charge, or the prisoner may be found
guilty on the basis of a preponderance of the evidence.
   (d) If found guilty the prisoner shall be advised in writing of
the guilty finding and the specific evidence relied upon to reach
this conclusion and the amount of time-credit loss. The prisoner may
appeal the decision through the department's review procedure, and
may, upon final notification of appeal denial, within 15 days of the
notification demand review of the department's denial of credit to
the Board of Parole Hearings, and the board may affirm, reverse, or
modify the department's decision or grant a hearing before the board
at which hearing the prisoner shall have the rights specified in
Section 3041.
   (e) Each prisoner subject to Section 2931 shall be notified of the
total amount of good behavior and participation credit which may be
credited pursuant to Section 2931, and his or her anticipated
time-credit release date. The prisoner shall be notified of any
change in the anticipated release date due to denial or loss of
credits, award of worktime credit, under Section 2933, or the
restoration of any credits previously forfeited.
   (f) If the conduct the prisoner is charged with also constitutes a
crime, the department may refer the case to criminal authorities for
possible prosecution. The department shall notify the prisoner, who
may request postponement of the disciplinary proceedings pending the
referral.
   The prisoner may revoke his or her request for postponement of the
disciplinary proceedings up until the filing of the accusatory
pleading. In the event of the revocation of the request for
postponement of the proceeding, the department shall hold the hearing
within 30 days of the revocation.
   Notwithstanding the notification requirements in this paragraph
and subparagraphs (A) and (B) of paragraph (1) of subdivision (c), in
the event the case is referred to criminal authorities for
prosecution and the authority requests that the prisoner not be
notified so as to protect the confidentiality of its investigation,
no notice to the prisoner shall be required until an accusatory
pleading is filed with the court, or the authority notifies the
warden, in writing, that it will not prosecute or it authorizes the
notification of the prisoner. The notice exceptions provided for in
this paragraph shall only apply if the criminal authority requests of
the warden, in writing, and within the 15 days provided in
subparagraph (A) of paragraph (1) of subdivision (c), that the
prisoner not be notified. Any period of delay of notice to the
prisoner shall not exceed 30 days beyond the 15 days referred to in
subdivision (c). In the event that no prosecution is undertaken, the
procedures in subdivision (c) shall apply, and the time periods set
forth in that subdivision shall commence to run from the date the
warden is notified in writing of the decision not to prosecute. In
the event the authority either cancels its requests that the prisoner
not be notified before it makes a decision on prosecution or files
an accusatory pleading, the provisions of this paragraph shall apply
as if no request had been received, beginning from the date of the
cancellation or filing.
   In the case where the prisoner is prosecuted by the district
attorney, the department shall not deny time credit where the
prisoner is found not guilty and may deny credit if the prisoner is
found guilty, in which case the procedures in subdivision (c) shall
not apply.
   (g) If time credit denial proceedings or criminal prosecution
prohibit the release of a prisoner who would have otherwise been
released, and the prisoner is found not guilty of the alleged
misconduct, the amount of time spent incarcerated, in excess of what
the period of incarceration would have been absent the alleged
misbehavior, shall be deducted from the prisoner's parole period.
   (h) Nothing in the amendments to this section made at the 1981-82
Regular Session of the Legislature shall affect the granting or
revocation of credits attributable to that portion of the prisoner's
sentence served prior to January 1, 1983.
   (i) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, an
inmate to whom this section applies shall have his or her credit
modified as provided in the applicable sentencing rules.
  SEC. 246.  Section 2932.5 of the Penal Code is amended to read:
   2932.5.  (a) A prisoner who is found by a trial court to be a
vexatious litigant as defined by Section 391 of the Code of Civil
Procedure, shall be denied or lose 30 days of work time credit
awarded under Section 2933.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, an
inmate to whom this section applies shall have his or her credit
modified as provided in the applicable sentencing rules.
  SEC. 247.  Section 2933 of the Penal Code is amended to read:
   2933.  (a) It is the intent of the Legislature that persons
convicted of a crime and sentenced to the state prison under Section
1170 serve the entire sentence imposed by the court, except for a
reduction in the time served in the custody of the Department of
Corrections and Rehabilitation for performance in work, training or
education programs established by the department. Worktime credits
shall apply for performance in work assignments and performance in
elementary, high school, or vocational education programs. Enrollment
in a two- or four-year college program leading to a degree shall
result in the application of time credits equal to that provided in
Section 2931. For every six months of full-time performance in a
credit qualifying program, as designated by the director, a prisoner
shall be awarded worktime credit reductions from his or her term of
confinement of six months. A lesser amount of credit based on this
ratio shall be awarded for any lesser period of continuous
performance. Less than maximum credit should be awarded pursuant to
regulations adopted by the director for prisoners not assigned to a
full-time credit qualifying program. Every prisoner who refuses to
accept a full-time credit qualifying assignment or who is denied the
opportunity to earn worktime credits pursuant to subdivision (a) of
Section 2932 shall be awarded no worktime credit reduction. Every
prisoner who voluntarily accepts a half-time credit qualifying
assignment in lieu of a full-time assignment shall be awarded
worktime credit reductions from his or her term of confinement of
three months for each six-month period of continued performance.
Except as provided in subdivision (a) of Section 2932, every prisoner
willing to participate in a full-time credit qualifying assignment
but who is either not assigned to a full-time assignment or is
assigned to a program for less than full time, shall receive no less
credit than is provided under Section 2931. Under no circumstances
shall any prisoner receive more than six months' credit reduction for
any six-month period under this section.
   (b) Worktime credit is a privilege, not a right. Worktime credit
must be earned and may be forfeited pursuant to the provisions of
Section 2932. The application of credit to reduce the sentence of a
prisoner who committed a crime on or after January 1, 1997, is
subject to the provisions of Section 3067. Except as provided in
subdivision (a) of Section 2932, every prisoner shall have a
reasonable opportunity to participate in a full-time credit
qualifying assignment in a manner consistent with institutional
security and available resources.
   (c) Under regulations adopted by the department, which shall
require a period of not more than one year free of disciplinary
infractions, worktime credit which has been previously forfeited may
be restored by the secretary. The regulations shall provide for
separate classifications of serious disciplinary infractions as they
relate to restoration of credits, the time period required before
forfeited credits or a portion thereof may be restored, and the
percentage of forfeited credits that may be restored for these time
periods. For credits forfeited for commission of a felony specified
in paragraph (1) of subdivision (a) of Section 2932, the department
may provide that up to 180 days of lost credit shall not be restored
and up to 90 days of credit shall not be restored for a forfeiture
resulting from conspiracy or attempts to commit one of those acts. No
credits may be restored if they were forfeited for a serious
disciplinary infraction in which the victim died or was permanently
disabled. Upon application of the prisoner and following completion
of the required time period free of disciplinary offenses, forfeited
credits eligible for restoration under the regulations for
disciplinary offenses other than serious disciplinary infractions
punishable by a credit loss of more than 90 days shall be restored
unless, at a hearing, it is found that the prisoner refused to accept
or failed to perform in a credit qualifying assignment, or
extraordinary circumstances are present that require that credits not
be restored. "Extraordinary circumstances" shall be defined in the
regulations adopted by the  director   secret
  ary  . However, in any case in which worktime credit
was forfeited for a serious disciplinary infraction punishable by a
credit loss of more than 90 days, restoration of credit shall be at
the discretion of the  director   secretary
 .
   The prisoner may appeal the finding through the department's
review procedure, which shall include a review by an individual
independent of the institution who has supervisorial authority over
the institution.
   (d) The provisions of subdivision (c) shall also apply in cases of
credit forfeited under Section 2931 for offenses and serious
disciplinary infractions occurring on or after January 1, 1983.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, an
inmate to whom this section applies shall earn, have restored, or be
denied, credit as provided in the applicable sentencing rules.
  SEC. 248.  Section 2933.1 of the Penal Code is amended to read:
   2933.1.  (a) Notwithstanding any other law, any person who is
convicted of a felony offense listed in subdivision (c) of Section
667.5 shall accrue no more than 15 percent of worktime credit, as
defined in Section 2933.
   (b) The 15-percent limitation provided in subdivision (a) shall
apply whether the defendant is sentenced under Chapter 4.5
(commencing with Section 1170) of Title 7 of Part 2 or sentenced
under some other law. However, nothing in subdivision (a) shall
affect the requirement of any statute that the defendant serve a
specified period of time prior to minimum parole eligibility, nor
shall any offender otherwise statutorily ineligible for credit be
eligible for credit pursuant to this section.
   (c) Notwithstanding Section 4019 or any other provision of law,
the maximum credit that may be earned against a period of confinement
in, or commitment to, a county jail, industrial farm, or road camp,
or a city jail, industrial farm, or road camp, following arrest and
prior to placement in the custody of the  Director of
Corrections   department  , shall not exceed 15
percent of the actual period of confinement for any person specified
in subdivision (a).
   (d) This section shall only apply to offenses listed in
subdivision (a) that are committed on or after the date on which this
section becomes operative.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, an
inmate to whom this section applies shall accrue credit as provided
in the applicable sentencing rules.
  SEC. 249.  Section 2933.2 of the Penal Code is amended to read:
   2933.2.  (a) Notwithstanding Section 2933.1 or any other law, any
person who is convicted of murder, as defined in Section 187, shall
not accrue any credit, as specified in Section 2933.
   (b) The limitation provided in subdivision (a) shall apply whether
the defendant is sentenced under Chapter 4.5 (commencing with
Section 1170) of Title 7 of Part 2 or sentenced under some other law.

   (c) Notwithstanding Section 4019 or any other provision of law, no
credit pursuant to Section 4019 may be earned against a period of
confinement in, or commitment to, a county jail, industrial farm, or
road camp, or a city jail, industrial farm, or road camp, following
arrest for any person specified in subdivision (a).
   (d) This section shall only apply to murder that is committed on
or after the date on which this section becomes operative.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, an
inmate to whom this section applies shall accrue credit as provided
in the applicable sentencing rules.
  SEC. 250.  Section 2933.3 of the Penal Code is amended to read:
   2933.3.  (a) Notwithstanding any other provision of law, any
inmate assigned to a conservation camp by the Department of
Corrections and Rehabilitation who is eligible to earn one day of
worktime credit for every one day of service pursuant to Section 2933
shall instead earn two days of worktime credit for every one day of
service. This enhanced worktime credit shall only apply to service
performed after January 1, 2003.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, an
inmate to whom this section applies shall accrue credit as provided
in the applicable sentencing rules.
  SEC. 251.  Section 2933.4 of the Penal Code is amended to read:
   2933.4.  (a) Notwithstanding any other provision of law, any
inmate under the custody of the Department of Corrections and
Rehabilitation who is not currently serving and has not served a
prior indeterminate sentence or a sentence for a violent felony, a
serious felony, or a crime that requires him or her to register as a
sex offender pursuant to Section 290, who has successfully completed
an inprison drug treatment program, upon release from state prison,
shall, whenever
possible, be entered into a 150-day residential aftercare drug
treatment program sanctioned by the department.
   (b) As a condition of parole, if the inmate successfully completes
150 days of residential aftercare treatment, as determined by the
Department of Corrections and Rehabilitation and the aftercare
provider, the parolee shall be discharged from parole supervision at
that time.
   (c) Commencing with 2008, the department shall report annually to
the Joint Legislative Budget Committee and the State Auditor on the
effectiveness of these provisions, including recidivism rates.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who to whom this section applies shall serve a parole term as
provided in the applicable sentencing rules.
  SEC. 252.  Section 2933.5 of the Penal Code is amended to read:
   2933.5.  (a) (1) Notwithstanding any other provision of law, every
person who is convicted of any felony offense listed in paragraph
(2), and who previously has been convicted two or more times, on
charges separately brought and tried, and who previously has served
two or more separate prior prison terms, as defined in subdivision
(g) of Section 667.5, of any offense or offenses listed in paragraph
(2), shall be ineligible to earn credit on his or her term of
imprisonment pursuant to this chapter.
   (2) As used in this subdivision, "felony offense" includes any of
the following:
   (A) Murder, as defined in Sections 187 and 189.
   (B) Voluntary manslaughter, as defined in subdivision (a) of
Section 192.
   (C) Mayhem as defined in Section 203.
   (D) Aggravated mayhem, as defined in Section 205.
   (E) Kidnapping, as defined in Section 207, 209, or 209.5.
   (F) Assault with vitriol, corrosive acid, or caustic chemical of
any nature, as described in Section 244.
   (G) 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.
   (H) Sodomy by means of force, violence, duress, menace or fear of
immediate and unlawful bodily injury on the victim or another person,
as described in subdivision (c) of Section 286.
   (I) Sodomy while voluntarily acting in concert, as described in
subdivision (d) of Section 286.
   (J) Lewd or lascivious acts on a child under the age of 14 years,
as described in subdivision (b) of Section 288.
   (K) Oral copulation by means of force, violence, duress, menace,
or fear of immediate and unlawful bodily injury on the victim or
another person, as described in subdivision (c) of Section 288a.
   (L) Continuous sexual abuse of a child, as described in Section
288.5.
   (M) Sexual penetration, as described in subdivision (a) of Section
289.
   (N) Exploding a destructive device or explosive with intent to
injure, as described in Section 12303.3, with intent to murder, as
described in Section 12308, or resulting in great bodily injury or
mayhem, as described in Section 12309.
   (O) Any felony in which the defendant personally inflicted great
bodily injury, as provided in Section 12022.53 or 12022.7.
   (b) A prior conviction of an offense listed in subdivision (a)
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.
   (c) This section shall apply whenever the present felony is
committed on or after the effective date of this section, regardless
of the date of commission of the prior offense or offenses resulting
in credit-earning ineligibility.
   (d) This section shall be in addition to, and shall not preclude
the imposition of, any applicable sentence enhancement terms, or
probation ineligibility and habitual offender provisions authorized
under any other section.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, an
inmate to whom this section applies shall accrue credit as provided
in the applicable sentencing rules.
  SEC. 253.  Section 2933.6 of the Penal Code is amended to read:
   2933.6.  (a) Notwithstanding any other law, a person who is placed
in a Security Housing Unit or an Administrative Segregation Unit for
misconduct described in subdivision (b) is ineligible to earn work
credits or good behavior credits during the time he or she is in the
Security Housing Unit or the Administrative Segregation Unit for that
misconduct.
   (b) This section applies to the following offenses:
   (1) Murder, attempted murder, and solicitation of murder. For
purposes of this paragraph, solicitation of murder shall be proven by
the testimony of two witnesses, or of one witness and corroborating
circumstances.
   (2) Manslaughter.
   (3) Assault or battery causing serious bodily injury.
   (4) Assault or battery on a peace officer or other nonprisoner
which results in physical injury.
   (5) Assault with a deadly weapon or caustic substance.
   (6) Rape, attempted rape, sodomy, attempted sodomy, oral
copulation, or attempted oral copulation accomplished against the
victim's will.
   (7) Taking a hostage.
   (8) Escape or attempted escape with force or violence.
   (9) Escape from any departmental prison or institution other than
a camp or reentry facility.
   (10) Possession or manufacture of a deadly weapon or explosive
device.
   (11) Arson involving damage to a structure.
   (12) Possession of flammable, explosive material with intent to
burn any structure or property.
   (13) Solicitation of assault with a deadly weapon or assault by
means of force likely to produce great bodily injury, arson, or a
forcible sex act.
   (14) Intentional destruction of state property in excess of four
hundred dollars ($400) during a riot or disturbance.
   (c) This section does not apply if the administrative finding of
the misconduct is overturned or if the person is criminally
prosecuted for the misconduct and is found not guilty.
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, an
inmate to whom this section applies shall accrue credit as provided
in the applicable sentencing rules.
  SEC. 254.  Section 3000 of the Penal Code is amended to read:
   3000.  (a) (1) The Legislature finds and declares that the period
immediately following incarceration is critical to successful
reintegration of the offender into society and to positive
citizenship. It is in the interest of public safety for the state to
provide for the supervision of and surveillance of parolees,
including the judicious use of revocation actions, and to provide
educational, vocational, family and personal counseling necessary to
assist parolees in the transition between imprisonment and discharge.
A sentence pursuant to Section 1168 or 1170 shall include a period
of parole, unless waived, as provided in this section.
   (2) The Legislature finds and declares that it is not the intent
of this section to diminish resources allocated to the Department of
Corrections and Rehabilitation for parole functions for which the
department is responsible. It is also not the intent of this section
to diminish the resources allocated to the Board of Parole Hearings
to execute its duties with respect to parole functions for which the
board is responsible.
   (3) The Legislature finds and declares that diligent effort must
be made to ensure that parolees are held accountable for their
criminal behavior, including, but not limited to, the satisfaction of
restitution fines and orders.
   (4) The parole period of any person found to be a sexually violent
predator shall be tolled until that person is found to no longer be
a sexually violent predator, at which time the period of parole, or
any remaining portion thereof, shall begin to run.
   (b) Notwithstanding any provision to the contrary in Article 3
(commencing with Section 3040) of this chapter, the following shall
apply:
   (1) At the expiration of a term of imprisonment of one year and
one day, or a term of imprisonment imposed pursuant to Section 1170
or at the expiration of a term reduced pursuant to Section 2931 or
2933, if applicable, the inmate shall be released on parole for a
period not exceeding three years, except that any inmate sentenced
for an offense specified in paragraph (3), (4), (5), (6), (11), (16),
or (18) of subdivision (c) of Section 667.5 shall be released on
parole for a period not exceeding five years, unless in either case
the parole authority for good cause waives parole and discharges the
inmate from the custody of the department.
   (2) In the case of any inmate sentenced under Section 1168, the
period of parole shall not exceed five years in the case of an inmate
imprisoned for any offense other than first or second degree murder
for which the inmate has received a life sentence, and shall not
exceed three years in the case of any other inmate, unless in either
case the parole authority for good cause waives parole and discharges
the inmate from custody of the department. This subdivision shall
also be applicable to inmates who committed crimes prior to July 1,
1977, to the extent specified in Section 1170.2.
   (3) Notwithstanding paragraphs (1) and (2), in the case of any
offense for which the inmate has received a life sentence pursuant to
Section 667.61 or 667.71, the period of parole shall be 10 years.
   (4) The parole authority shall consider the request of any inmate
regarding the length of his or her parole and the conditions thereof.

   (5) Upon successful completion of parole, or at the end of the
maximum statutory period of parole specified for the inmate under
paragraph (1), (2), or (3), as the case may be, whichever is earlier,
the inmate shall be discharged from custody. The date of the maximum
statutory period of parole under this subdivision and paragraphs
(1), (2), and (3) shall be computed from the date of initial parole
and shall be a period chronologically determined. Time during which
parole is suspended because the prisoner has absconded or has been
returned to custody as a parole violator shall not be credited toward
any period of parole unless the prisoner is found not guilty of the
parole violation. However, the period of parole is subject to the
following:
   (A) Except as provided in Section 3064, in no case may a prisoner
subject to three years on parole be retained under parole supervision
or in custody for a period longer than four years from the date of
his or her initial parole.
   (B) Except as provided in Section 3064, in no case may a prisoner
subject to five years on parole be retained under parole supervision
or in custody for a period longer than seven years from the date of
his or her initial parole.
   (C) Except as provided in Section 3064, in no case may a prisoner
subject to 10 years on parole be retained under parole supervision or
in custody for a period longer than 15 years from the date of his or
her initial parole.
   (6) The Department of Corrections and Rehabilitation shall meet
with each inmate at least 30 days prior to his or her good time
release date and shall provide, under guidelines specified by the
parole authority, the conditions of parole and the length of parole
up to the maximum period of time provided by law. The inmate has the
right to reconsideration of the length of parole and conditions
thereof by the parole authority. The department or the Board of
Parole Hearings may impose as a condition of parole that a prisoner
make payments on the prisoner's outstanding restitution fines or
orders imposed pursuant to subdivision (a) or (c) of Section 13967 of
the Government Code, as operative prior to September 28, 1994, or
subdivision (b) or (f) of Section 1202.4.
   (7) For purposes of this chapter, the Board of Parole Hearings
shall be considered the parole authority.
   (8) The sole authority to issue warrants for the return to actual
custody of any state prisoner released on parole rests with the Board
of Parole Hearings, except for any escaped state prisoner or any
state prisoner released prior to his or her scheduled release date
who should be returned to custody, and Section 3060 shall apply.
   (9) It is the intent of the Legislature that efforts be made with
respect to persons  subject to  Section 290.011 who are on
parole to engage them in treatment.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
term of parole shall be as provided in the applicable sentencing
rules, except that no sentencing rule shall change any provision of
this section that was specifically added by voter initiative.
  SEC. 255.  Section 3000.1 of the Penal Code is amended to read:
   3000.1.  (a) In the case of any inmate sentenced under Section
1168 for any offense of first or second degree murder with a maximum
term of life imprisonment, the period of parole, if parole is
granted, shall be the remainder of the inmate's life or, on or after
the operative date of an applicable rule or rules proposed by the
California Sentencing Commission, the term of parole shall be as
provided in the applicable rule or rules.
   (b) Notwithstanding any other provision of law, when any person
referred to in subdivision (a) has been released on parole from the
state prison, and has been on parole continuously for seven years in
the case of any person imprisoned for first degree murder, and five
years in the case of any person imprisoned for second degree murder,
since release from confinement, the board shall, within 30 days,
discharge that person from parole, unless the board, for good cause,
determines that the person will be retained on parole. The board
shall make a written record of its determination and transmit a copy
of it to the parolee.
   (c) In the event of a retention on parole, the parolee shall be
entitled to a review by the board each year thereafter.
   (d) There shall be a hearing as provided in Sections 3041.5 and
304l.7 within 12 months of the date of any revocation of parole to
consider the release of the inmate on parole, and notwithstanding the
provisions of paragraph (2) of subdivision (b) of Section 3041.5,
there shall be annual parole consideration hearings thereafter,
unless the person is released or otherwise ineligible for parole
release. The panel or board shall release the person within one year
of the date of the revocation unless it determines that the
circumstances and gravity of the parole violation are such that
consideration of the public safety requires a more lengthy period of
incarceration or unless there is a new prison commitment following a
conviction.
   (e)  The provisions of Section 3042 shall not apply to any hearing
held pursuant to this section.
  SEC. 256.  Section 3001 of the Penal Code is amended to read:
   3001.  (a) Notwithstanding any other provision of law, when any
person referred to in paragraph (1) of subdivision (b) of Section
3000 who was not imprisoned for committing a violent felony, as
defined in subdivision (c) of Section 667.5, has been released on
parole from the state prison, and has been on parole continuously for
one year since release from confinement, within 30 days, that person
shall be discharged from parole, unless the Department of
Corrections and Rehabilitation recommends to the Board of Parole
Hearings that the person be retained on parole and the board, for
good cause, determines that the person will be retained.
Notwithstanding any other provision of law, when any person referred
to in paragraph (1) of subdivision (b) of Section 3000 who was
imprisoned for committing a violent felony, as defined in subdivision
(c) of Section 667.5, has been released on parole from the state
prison for a period not exceeding three years and has been on parole
continuously for two years since release from confinement, or has
been released on parole from the state prison for a period not
exceeding five years and has been on parole continuously for three
years since release from confinement, the department shall discharge,
within 30 days, that person from parole, unless the department
recommends to the board that the person be retained on parole and the
board, for good cause, determines that the person will be retained.
The board shall make a written record of its determination and the
department shall transmit a copy thereof to the parolee.
   (b) Notwithstanding any other provision of law, when any person
referred to in paragraph (2) of subdivision (b) of Section 3000 has
been released on parole from the state prison, and has been on parole
continuously for three years since release from confinement, the
board shall discharge, within 30 days, the person from parole, unless
the board, for good cause, determines that the person will be
retained on parole. The board shall make a written record of its
determination and the department shall transmit a copy thereof to the
parolee.
   (c) Notwithstanding any other provision of law, when any person
referred to in paragraph (3) of subdivision (b) of Section 3000 has
been released on parole from the state prison, and has been on parole
continuously for six years since release from confinement, the board
shall discharge, within 30 days, the person from parole, unless the
board, for good cause, determines that the person will be retained on
parole. The board shall make a written record of its determination
and the department shall transmit a copy thereof to the parolee.
   (d) In the event of a retention on parole, the parolee shall be
entitled to a review by the parole authority each year thereafter
until the maximum statutory period of parole has expired.
   (e) The amendments to this section made during the 1987-88 Regular
Session of the Legislature shall only be applied prospectively and
shall not extend the parole period for any person whose eligibility
for discharge from parole was fixed as of the effective date of those
amendments.
   (f) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
term of parole shall be as provided in the applicable sentencing
rules, except that no sentencing rule shall change any provision of
this section that was specifically added by voter initiative.
  SEC. 257.  Section 3046 of the Penal Code is amended to read:
   3046.  (a) No prisoner imprisoned under a life sentence may be
paroled until he or she has served the greater of the following:
   (1) A term of at least seven calendar years.
   (2) A term as established pursuant to any other provision of law
that establishes a minimum term or minimum period of confinement
under a life sentence before eligibility for parole.
   (3) A term proposed by the California Sentencing Commission, upon
the operative date of the applicable rule or rules.
   (b) If two or more life sentences are ordered to run consecutively
to each other pursuant to Section 669, no prisoner so imprisoned may
be paroled until he or she has served the term specified in
subdivision (a) on each of the life sentences that are ordered to run
consecutively.
   (c) The Board of Parole Hearings shall, in considering a parole
for a prisoner, consider all statements and recommendations which may
have been submitted by the judge, district attorney, and sheriff,
pursuant to Section 1203.01, or in response to notices given under
Section 3042, and recommendations of other persons interested in the
granting or denying of the parole. The board shall enter on its order
granting or denying parole to these prisoners, the fact that the
statements and recommendations have been considered by it.
  SEC. 258.  Section 3049 of the Penal Code is amended to read:
   3049.  (a) In all other cases not heretofore provided for, no
prisoner sentenced prior to July 1, 1977 may be paroled until he has
served the minimum term of imprisonment provided by law for the
offense of which he was convicted, except that in cases where the
prisoner was serving a sentence on December 31, 1947, and in which
the minimum term of imprisonment is more than one year, he may be
paroled at any time after the expiration of one-half of the minimum
term, with benefit of credits, but in no case shall he be paroled
until he has served one calendar year; provided, that any prisoner,
received on or after January 1, 1948, at any state prison or
institution under the jurisdiction of the Department of Corrections
and Rehabilitation, whose minimum term of imprisonment is more than
one year, may be paroled at any time after the expiration of
one-third of the minimum term. In all other cases he may be paroled
at any time after he has served the minimum term prescribed by law.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person to whom this section applies shall have a parole term as
provided in the applicable sentencing rules.
  SEC. 259.  Section 3057 of the Penal Code is amended to read:
   3057.  (a) Confinement pursuant to a revocation of parole in the
absence of a new conviction and commitment to prison under other
provisions of law, shall not exceed 12 months, except as provided in
subdivision (c) or (e).
   (b) Upon completion of confinement pursuant to parole revocation
without a new commitment to prison, the inmate shall be released on
parole for a period which shall not extend beyond that portion of the
maximum statutory period of parole specified by Section 3000 which
was unexpired at the time of each revocation.
   (c) Notwithstanding the limitations in subdivision (a) and in
Section 3060.5 upon confinement pursuant to a parole revocation, the
parole authority may extend the confinement pursuant to parole
revocation for a maximum of an additional 12 months for subsequent
acts of misconduct committed by the parolee while confined pursuant
to that parole revocation. Upon a finding of good cause to believe
that a parolee has committed a subsequent act of misconduct and
utilizing procedures governing parole revocation proceedings, the
parole authority may extend the period of confinement pursuant to
parole revocation as follows: (1) not more than 180 days for an act
punishable as a felony, whether or not prosecution is undertaken, (2)
not more than 90 days for an act punishable as a misdemeanor,
whether or not prosecution is undertaken, and (3) not more than 30
days for an act defined as a serious disciplinary offense pursuant to
subdivision (a) of Section 2932.
   (d) (1) Except for parolees specified in paragraph (2), any
revocation period imposed under subdivision (a) may be reduced in the
same manner and to the same extent as a term of imprisonment may be
reduced by worktime credits under Section 2933. Worktime credit must
be earned and may be forfeited pursuant to the provisions of Section
2932. 
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person to whom this section applies shall be recommitted as provided
in the applicable sentencing rules. 
   Worktime credit forfeited shall not be restored.
   (2) The following parolees shall not be eligible for credit under
this subdivision:
   (A) Parolees who are sentenced under Section 1168 with a maximum
term of life imprisonment.
   (B) Parolees who violated a condition of parole relating to
association with specified persons, entering prohibited areas,
attendance at parole outpatient clinics, or psychiatric attention.
   (C) Parolees who were revoked for conduct described in, or that
could be prosecuted under any of the following sections, whether or
not prosecution is undertaken: Section 189, Section 191.5,
subdivision (a) or paragraph (3) of subdivision (c) of Section 192,
Section 203, 207, 211, 215, 217.1, or 220, subdivision (b) of Section
241, Section 244, paragraph (1) or (2) of subdivision (a) of Section
245, paragraph (2) or (6) of subdivision (a) of Section 261,
paragraph (1) or (4) of subdivision (a) of Section 262, Section
264.1, subdivision (c) or (d) of Section 286, Section 288,
subdivision (c) or (d) of Section 288a, subdivision (a) of Section
289, 347, or 404, subdivision (a) of Section 451, Section 12020,
12021, 12022, 12022.5, 12022.53, 12022.7, 12022.8, 12025, or 12560,
or Section 664 for any attempt to engage in conduct described in or
that could be prosecuted under any of the above-mentioned sections.
   (D) Parolees who were revoked for any reason if they had been
granted parole after conviction of any of the offenses specified in
subparagraph (C).
   (E) Parolees who the parole authority finds at a revocation
hearing to be unsuitable for reduction of the period of confinement
because of the circumstances and gravity of the parole violation, or
because of prior criminal history. 
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person to whom this section applies shall be recommitted as provided
in the applicable sentencing rules. 
  SEC. 260.  Section 4019 of the Penal Code is amended to read:
   4019.  (a) The provisions of this section shall apply in all of
the following cases:
   (1) When a prisoner is confined in or committed to a county jail,
industrial farm, or road camp, or any city jail, industrial farm, or
road camp, including all days of custody from the date of arrest to
the date on which the serving of the sentence commences, under a
judgment of imprisonment, or a fine and imprisonment until the fine
is paid in a criminal action or proceeding.
   (2) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial
farm, or road camp as a condition of probation after suspension of
imposition of a sentence or suspension of execution of sentence, in a
criminal action or proceeding.
   (3) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial
farm, or road camp for a definite period of time for contempt
pursuant to a proceeding, other than a criminal action or proceeding.

   (4) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp
following arrest and prior to the imposition of sentence for a felony
conviction.
   (b) Subject to the provisions of subdivision (d), for each six-day
period in which a prisoner is confined in or committed to a facility
as specified in this section, one day shall be deducted from his or
her period of confinement unless it appears by the record that the
prisoner has refused to
satisfactorily perform labor as assigned by the sheriff, chief of
police, or superintendent of an industrial farm or road camp.
   (c) For each six-day period in which a prisoner is confined in or
committed to a facility as specified in this section, one day shall
be deducted from his or her period of confinement unless it appears
by the record that the prisoner has not satisfactorily complied with
the reasonable rules and regulations established by the sheriff,
chief of police, or superintendent of an industrial farm or road
camp.
   (d) Nothing in this section shall be construed to require the
sheriff, chief of police, or superintendent of an industrial farm or
road camp to assign labor to a prisoner if it appears from the record
that the prisoner has refused to satisfactorily perform labor as
assigned or that the prisoner has not satisfactorily complied with
the reasonable rules and regulations of the sheriff, chief of police,
or superintendent of any industrial farm or road camp.
   (e) No deduction may be made under this section unless the person
is committed for a period of six days or longer.
   (f) It is the intent of the Legislature that if all days are
earned under this section, a term of six days will be deemed to have
been served for every four days spent in actual custody.
   (g) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, an
inmate to whom this section applies shall accrue credit as provided
in the applicable sentencing rules.
  SEC. 261.  Title 6.5 (commencing with Section 4950) is added to
Part 3 of the Penal Code, to read:

      TITLE 6.5.  SENTENCING COMMISSION


   4950.  The Legislature hereby finds and declares all of the
following:
   (a) There are more than 1,000 felony sentencing laws and more than
100 felony sentence enhancements across the California codes. 
   (b) California courts have characterized California's sentencing
laws as "labyrinthine procedures," "mind-numbing, complicated, and,
by virtue of continued legislative tinkering, not likely to soon
become any easier to apply," and a "legislative monstrosity, which is
bewildering in its complexity." The condition of California's
sentencing laws has lead to an unacceptably high rate of reversal on
appeal due to sentencing errors.  
   (b) 
    (c)  Although determinate sentencing was designed to
create uniformity, today sentences for similar crimes can vary
significantly by county and courtroom depending on the charges and
enhancements filed by the district attorneys and the sentencing
choices made by judges regarding probation, jail, or prison. Outcomes
for offenders also vary depending upon availability of correctional
resources at the local level, creating inequities along county lines.

   (c) 
    (d)  States with sentencing commissions have reduced
overall crime rates by increasing penalties for the most dangerous
offenders and expanding options for community-based sanctions for
certain low-level, nonviolent offenders. 
   (d) 
    (e)  California currently lacks a reliable and
comprehensive system for collecting and analyzing data related to
current and historical sentencing practices.
   4951.  (a) In enacting this title, it is the intent of the
Legislature to enhance public safety, promote effective crime
reduction strategies, base California's sentencing practices on
principles of fairness, justice, and accountability, and ensure that
public resources and taxpayer dollars are expended in a way that most
successfully protects the public from crime and reduces criminal
recidivism.
   (b) It is the further intent of the Legislature to create the
California Sentencing Commission comprised of individuals who will
provide a reasoned, balanced, and independent perspective to achieve
sentencing practices that are grounded in data and based on sound
policy.
   (c) The general purposes of rules that become operative pursuant
to this title are the following:
   (1) In decisions affecting the sentencing or paroling of
individual offenders, all of the following:
   (A) To render sentences in all cases within a range of severity
proportionate to the gravity of offenses, the harms done to crime
victims, and the blameworthiness of offenders.
   (B) When reasonably feasible, to achieve offender rehabilitation,
general deterrence, incapacitation of dangerous offenders,
restoration of crime victims and communities, and reintegration of
offenders into the law-abiding community, provided these goals are
pursued within the boundaries of proportionality in subparagraph (A).

   (C) To render sentences no more severe than necessary to achieve
the applicable purposes in subparagraphs (A) and (B).
   (2) In matters affecting the administration of the sentencing
system, all of the following:
   (A) To preserve judicial discretion to individualize sentences
within a framework of law.
   (B) To produce sentences that are uniform in their reasoned
pursuit of the purposes in paragraph (1).
   (C) To eliminate inequities in sentencing across population
groups, including geographic regions.
   (D) To encourage the use of intermediate sanctions consistent with
the protection of public safety.
   (E) To ensure that adequate resources are available for carrying
out sentences imposed, and that rational priorities are established
for the use of those resources.
   (F) To ensure that all criminal sanctions are administered
effectively and that incarcerated offenders are provided
constitutionally sufficient levels of subsistence, personal safety,
medical and mental health care, and opportunities to rehabilitate
themselves.
   (G) To promote research on sentencing policy and practices,
including assessments of the effectiveness of criminal sanctions as
measured against their purposes, and the effects of criminal
sanctions upon families and communities.
   (H) To increase the transparency of the sentencing and corrections
system, its accountability to the  pubic  
public  , and the legitimacy of its operations as perceived by
all affected communities.
   4952.  (a) There is hereby established the California Sentencing
Commission, a permanent, independent agency in state government.
   (b) The sentencing commission shall do all of the following:
   (1) Develop rules as provided in Sections 4954 and 4955.
   (2) Collaborate over time with the trial and appellate courts in
the development of a common law of sentencing within the legislative
framework.
   (3) Provide a balanced forum for statewide policy development,
information development, research, and planning concerning criminal
sentences and their effects.
   (4) Assemble and draw upon sources of knowledge, experience, and
community values from all sectors of the criminal justice system,
from the public at large, and from other jurisdictions.
   (5) Perform its work and provide explanations for its actions
consistent with the purposes of the sentencing system as set forth in
subdivision (c) of Section 4951.
   (6) Ensure that all these efforts take place on a permanent and
ongoing basis, with the expectation that the sentencing system
strives continually to evaluate itself, evolve, and improve.
    (7) Create a sentencing structure that is readily understood
by the courts, the parties, and the public. 
   4953.  (a) The commission shall be composed of 20 members, one of
whom shall be the Secretary of the Department of Corrections and
Rehabilitation, or his or her designee. One member shall be the Chief
Justice of the California Supreme Court, or his or her designee, who
shall chair the commission. One member shall be a sitting or retired
appellate court justice appointed by the Chief Justice of the
California Supreme Court. Two members shall be sitting or retired
trial court judges appointed by the Chief Justice of the California
Supreme Court. One member shall be the Attorney General. One member
shall be a California district attorney appointed by the Senate
Committee on Rules. One member shall be a county sheriff appointed by
the Speaker of the Assembly. One member shall be a county mental
health director appointed by the Speaker of the Assembly. One member
shall be an attorney with legal expertise in litigating conditions of
confinement on behalf of inmates, appointed by the Senate Committee
on Rules. One member shall be a legal scholar with expertise in
sentencing law and policy, appointed by the Senate Committee on
Rules. One member shall be an academic expert in criminal justice
policy appointed by the Speaker of the Assembly. Four members, a
public defender, a chief probation officer, a rank and file
representative with a minimum of five years experience working in a
state adult correctional facility, and a representative of crime
victims, shall be appointed by the Governor.
   (b) The President pro Tempore of the Senate, the Minority Floor
Leader of the Senate, the Speaker of the Assembly, and the Minority
Floor Leader of the Assembly shall serve on the commission as ex
officio, nonvoting members.
   (c) On July 1, 2011, the terms of one sitting or retired trial
court judge, the probation officer, the public defender, the district
attorney, and the sheriff shall expire. On July 1, 2012, the terms
of the sitting or retired appellate court justice, crime victims'
representative, the attorney with expertise in litigating terms of
confinement on behalf of inmates, and the county mental health
director shall expire. On July 1, 2013, the terms of the other
sitting retired trial court judge, the rank and file representative,
the legal scholar, and the expert in criminal justice shall expire.
Successor members shall hold office for terms of three years, each
term to commence on the expiration date of the predecessor. Any
appointment to a vacancy that occurs for any reason other than the
expiration of the term shall be for the remainder of the unexpired
term. Members are eligible for reappointment.
   (d) The members of the commission shall serve without
compensation, but shall be reimbursed for all necessary expenses
actually incurred in the performance of their duties.
   (e) The commission shall establish the following standing
committees:
   (1) Community corrections.
   (2) Sentencing policy and practices.
   (3) Post custodial corrections, including parole policies and
practices.
   (4) Data collection and analysis.
   (5) Victims' interests.
   (f) The commission shall establish ad hoc committees, as it deems
necessary.
   4954.  (a) The California Sentencing Commission shall perform the
following initial duties:
   (1) No later than June 1, 2011, the commission shall promulgate
and present to the Legislature an initial set of sentencing and
parole rules pursuant to Section 4955. If the Legislature does not
reject the rules presented to it by the commission before January 1
of the following year by a statute passed by a  two-thirds
  majority  vote of the Legislature and signed by
the Governor, the rules shall become operative on that date.
   (2) No later than December 31, 2012, the commission shall prepare
a report to the Legislature and the Governor setting forth
recommended statutory changes in statutory provisions added or
affected by initiative measures necessary to conform those provisions
to the requirements of this article.
   (b) The California Sentencing Commission shall perform the
following ongoing duties:
   (1) Promulgate and periodically revise sentencing rules for those
crimes and penalties that the Legislature has delegated authority to
the commission.
   (2) Promulgate and periodically revise parole rules in those areas
for which the Legislature has delegated authority to the commission.

   (3) Make recommendations to the Legislature for additional
statutory changes to criminal laws established by voter initiative.
   (4) Make recommendations to the Legislature for additional
authority to make changes to other criminal laws established by the
Legislature, or to make additional recommendations regarding criminal
laws established by voter initiative subsequent to the enactment of
this act.
   (5) Prepare population projections for the correctional system
whenever new sentencing or parole rules, laws, or initiatives
affecting criminal law and punishment are proposed.
   (6) Serve as a resource and information center with respect to
state and local sentencing policy.
   (7) Develop information systems to track criminal cases entering
the court system; the effects of offense, offender, victim, and
case-processing characteristics upon sentences imposed and served;
sentencing patterns for the state as a whole and for geographic
regions within the state; data on the incidence of and reasons for
sentence revocations; and other matters found by the commission to
have important bearing on the operation of the sentencing and
corrections system.
   (8) Collect information on, and, where necessary, conduct periodic
surveys of, the correctional populations and resources of the state.

   (9) Assemble information on the effectiveness of sentences imposed
and served in meeting the purposes set forth in Section 4951.
   (10) Investigate the existence of discrimination or inequities in
the sentencing and corrections system across geographic areas and
population groups, including groups defined by race, ethnicity, and
gender, and search for the means to eliminate such discrimination or
inequities.
   (c) Any sentencing or parole rule or rules promulgated by the
commission shall take effect as follows:
   (1) Rules shall take effect on January 1 of the year immediately
following the year the rules are promulgated if the commission
presents the rules to the Legislature on or before June 1, and the
Legislature does not reject the rules by a statute passed by a
 two-thirds   majority  vote of each house
of the Legislature  and signed by the Governor  .
   (2) Rules shall take effect on January 1 of the year subsequent to
the year following the year the rules are promulgated if the
commission presents the rules to the Legislature after June 1, and
the Legislature does not reject the rules by a statute passed by a
 two-thirds   majority  vote of each house
of the Legislature  and signed by the Governor  .
   (3) Rules rejected by the Legislature pursuant to this subdivision
shall have no effect of law.
   (d) In discharging its responsibilities under this section the
commission may do any of the following:
   (1) Collect information on all correctional populations in the
state.
   (2) Survey correctional resources across state and local
governments.
   (3) Conduct research into crime rates, criminal cases entering the
court system, sentences imposed and served for particular offenses,
and sentencing patterns for the state as a whole and for geographic
regions within the state.
   (4) Consult available research and data on the current
effectiveness of sentences imposed and served in the jurisdiction as
measured against the purposes set forth in Section 4951.
   (5) Study the experiences of other jurisdictions with sentencing
commissions.
   (6) Advise the Legislature of any needed reallocations or
additions in correctional resources.
   (7) Recommend to the Legislature any statutory changes needed and
recommend to the Judicial Council any changes needed in the rules of
criminal procedure, to best effectuate the sentencing rules
promulgated by the commission.
   (8) Identify and prioritize areas where necessary data and
research are lacking concerning the operation of the sentencing
system, and recommend to the Legislature means by which the
commission or other state agencies may be empowered to address those
needs.
   (e) The commission shall take steps to facilitate the
implementation of rules promulgated and operational pursuant to this
act. In performing this function, the commission may do any or all of
the following:
   (1) Develop manuals, forms, and other controls to attain greater
consistency in the contents and preparation of presentence reports
and sentence reports.
   (2) Provide training and assistance to judges, prosecutors,
defense attorneys, probation officers, parole officers, and other
personnel.
   (3) Provide information to government officials, government
agencies, the courts, the bar, and the public on sentencing rules,
sentencing policies, and sentencing practices.
   (4) Produce as needed, manuals, users' guides, worksheets,
summaries of case law, Internet resources, and other materials the
commission deems useful to explain and ease the proper application of
the rules.
   (f) On or before June 1, 2011 and annually thereafter, the
commission shall publish a report to the Legislature and the public
on the commission's activities, including data collection and
research, reports of any special research undertaken by the
commission, and other reports as directed by the Legislature.
   (g) The commission shall perform any other functions that may be
required by law or that may be necessary to carry out the provisions
of this section.
   (h) The commission shall develop a correctional population
forecasting model to project future sentencing outcomes under
existing or proposed legislation, voter initiatives, court orders,
administrative actions, and sentencing and parole rules. The
commission shall use the model to project sentencing outcomes under
existing legislation, voter initiatives, court orders, administrative
actions, and sentencing and parole rules. The commission shall also
use the model whenever new legislation or voter initiatives affecting
criminal punishment are introduced or new or amended sentencing
rules are formally promulgated, and shall generate projections of
sentencing outcomes if the proposed legislation or initiative or
sentencing rule were to take effect. The commission shall make and
publish a report to the Legislature and the public with each set of
projections generated under this subdivision. Projections under this
model shall include anticipated demands upon prisons, jails, and
community corrections programs. Whenever the model projects
correctional needs exceeding available resources at the state or
local level, the commission's report shall include estimates of new
facilities, personnel, and funding that would be required to
accommodate those needs. The model shall be designed to project
future demographic patterns in sentencing. The commission shall
refine the model as needed in light of its past performance and the
best available information.
   (i) In the event a court of competent jurisdiction orders a
reduction in the inmate population, the commission shall develop
recommendations on how to best comply with the court's order.
Recommendations developed under this subdivision shall be promulgated
as expeditiously as possible.
   (j) Nothing in this title limits the authority of the Legislature,
or the people through the initiative process, to enact legislation
that repeals or amends any rule promulgated by the commission that
becomes operative.
   4955.  (a) The commission shall abide by the following standards
in promulgating rules pursuant to Section 4954:
   (1) The commission shall establish categories of offenses within
the bounds of the authority delegated to it by the Legislature. In
establishing categories of offenses, the commission shall endeavor to
place offenses with similar attributes in the same category.
   (2) Sentencing rules shall set forth presumptive sentences and
nonexclusive lists of aggravating and mitigating factors that may be
used as grounds for departure from presumptive sentences. Sentencing
rules shall provide that a departure sentence may not be based on any
factor necessarily comprehended in the elements of the offenses of
which the offender has been convicted, and no finding of fact may be
used more than once as a ground for departure.
   (3)  (A)     Sentencing rules shall reflect
the principle that incarceration is appropriate for those who commit
a violent offense and offenders who have a record indicating a
pattern of regular or increasingly serious criminal conduct. 

   (B) The commission shall consider the statutory penalties that
existed as of December 31, 2007, prescribed for a similar offender
committing a similar offense. 
    (C)    Presumptive sentences shall be
proportionate to the gravity of offenses, the harms done to crime
victims,  the potential deterrent effect of the penalty, 
and the blameworthiness of offenders, based upon the commission's
collective judgment of appropriate punishments for ordinary cases of
the kind governed by each presumptive sentence. Ranges of
incarceration terms should be sufficiently narrow to express
meaningful distinctions across categories of cases on grounds of
proportionality, to promote reasonable uniformity in sentences
imposed and served.
   (4) The commission shall determine the best formats for expression
of presumptive sentences and other rules, which may include one or
more grids, narrative statements, or other means of expression.
   (5) Rules shall be as simple in their presentation and use as is
feasible.
   (6) Rules shall include nonbinding commentary to explain the
commission's reasoning underlying each rule, and to assist sentencing
courts and other actors in the sentencing system in the use of the
rules.
   (7) Rules shall address the use of prison, jail, probation,
community sanctions, economic sanctions, parole, and other sanction
types as found necessary by the commission.
   (b) Except as provided in this article, the commission shall give
no weight to the following factors when promulgating sentencing
rules:
   (1) An offender's race, ethnicity, sexual orientation, national
origin, religion, and political affiliation or belief.
   (2) Alleged criminal conduct on the part of the offender other
than the current offenses of conviction and, consistent with this
article, prior convictions and juvenile adjudications.
   (c) The commission shall consider the following with respect to
the use of criminal history in promulgating sentencing rules:
   (1) The commission shall consider whether to include the criminal
histories of defendants as a factor in the determination of
presumptive sentences, as an aggravating factor enumerated as a
ground for departure from a presumptive sentence, or as a component
of other presumptive provisions.
   (2) If the commission elects to include the criminal histories of
defendants in promulgating sentencing rules, the commission shall fix
limitations periods after which offenders' prior convictions and
juvenile adjudications should not be taken into account to enhance
sentence.
   (3) The commission shall monitor the effects of sentencing rules
concerning criminal history, any legislation incorporating offenders'
criminal history as a factor relevant to sentencing, and the
consideration of criminal history by sentencing courts. The
commission shall give particular attention to the question of whether
the use of criminal history as a sentencing factor contributes to
punishment disparities among racial and ethnic minorities, or other
disadvantaged groups.
   (d) The Legislature hereby declares that the best effectuation of
the purposes of sentencing will often turn upon the circumstances of
individual cases. The rules shall permit sentencing courts to
individualize sentencing decisions in light of the purposes in
Section 4951, and the rules shall not foreclose the individualization
of sentences in light of those considerations.
   4956.  (a) Upon request from the commission, each agency and
department of state and local government shall make its services,
equipment, personnel, facilities, and information available to the
greatest practicable extent to the commission in the 
executive   execution  of its functions.
Information that is privileged under state or federal law is exempted
from this section.
   (b) Upon request from the commission, law enforcement agencies in
the state, including parole officers, shall supply arrest and
criminal history records to the commission. County probation
departments shall provide copies of presentence reports to the
commission. 
   (c) Sentencing courts shall complete and supply a sentence report
to the commission following the sentencing decision in every case.
The form of the sentence report shall be as designed by the
commission.  
   (c) The commission shall make recommendations to the Legislature
regarding additional data or information beyond what is obtained
pursuant to subdivisions (a) and (b) that may be necessary or would
assist in the execution of its functions. 
   (d) Any information obtained by the commission pursuant to
subdivision (a) is confidential, and shall be maintained in a manner
that meets the highest standards of privacy and shall not be
disclosed other than for the purpose for which it was acquired.
   (e) The commission shall have the authority to enter partnerships
or joint agreements with organizations and agencies from this and
other jurisdictions, including academic departments, private
associations, and other sentencing commissions, to perform research
needed to carry out its duties.
   4957.  Sentencing rules adopted by the commission, which become
operative, shall be used by a sentencing court to determine the
sentence to be imposed as provided in this title. The sentencing
court's determination shall include all of the following:
   (a) A determination about whether to impose a sentence of
probation, a fine, a term of incarceration, an intermediate sanction,
or some combination thereof.
   (b) A determination as to the length of a term of probation, if
any.
   (c) A determination as to the amount of fine, if any.
   (d) A determination as to the length of incarceration, if any.
   (e) If the sentence includes a term of incarceration, a
determination as to whether to impose a term of post-release
supervision and the length of the term of post-release supervision,
if any.
   (f) A determination as to the type and length of intermediate
sanction, if any.
   (g) A determination whether multiple sentences to terms of
imprisonment should be ordered to run concurrently or consecutively.
   (h) Other conditions of sentence, such as community service,
participation in treatment programs, or participation in community
corrections programs, if permitted under the applicable sentencing
rules.
   4958.  If an offense is subject to sentencing rules operative
pursuant to this title, the following shall apply:

  (a) Sentences for that offense shall be imposed in accordance with
the sentencing rules of the commission.
   (b) Sentencing rules shall prevail over Sections 1170, 1170.1, and
1170.11.
   (c) Any statutory provision that requires a sentencing court to
consider a factor as a circumstance in aggravation shall not apply to
a sentence imposed under this title. However, this section shall not
prohibit the sentencing commission from providing that those facts
or circumstances shall be taken into consideration in determining the
sentence imposed.
   (d) Except as provided in subdivision (c), any statutory
enhancement for which an additional or different term of imprisonment
is authorized shall apply unless that provision has been made
subordinate to this title.
   (e) Nothing in this title shall preclude the application of terms
of imprisonment established by any statutory provisions added or
amended by initiative acts.
   (f) A defendant shall be sentenced in accordance with the
sentencing rules in effect on the date the charged offense was
committed.
   4959.  (a) The commission shall appoint an executive director who
shall be exempt from civil service.
   (b) The administrative duties of the commission shall be conducted
by commission staff physically sited in the Administrative Office of
the Courts (AOC). All its decisions, analyses, recommendations, and
other duties shall be independent of the AOC and shall not reflect
any position of the AOC or be represented as those of the AOC.
   (c) For the purposes of expenditures for the support of the
commission, including the expenses of the members of the commission,
the commission shall be deemed to be within the judicial branch of
state government, but the commission shall not be subject to the
control or direction of any officer or employee of the judicial
branch except in connection with the appropriation of funds approved
by the Legislature.
   (d) The commission is a criminal justice agency within the meaning
of Section 13101.
   (e) The commission's proceedings shall be subject to the open
meeting requirements of the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
   4960.  (a) The commission may adopt rules and regulations to
implement this title.
   (b) (1) All sentencing rules shall be adopted by a 
two-thirds   majority  vote of the commission.
   (2) Sentencing rules are not subject to the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of
Division 3 of Title 2 of the Government Code).
  SEC. 262.  Section 12022 of the Penal Code is amended to read:
   12022.  (a) (1) Except as provided in subdivisions (c) and (d),
any person who is armed with a firearm in the commission of a felony
or attempted felony shall be punished by an additional and
consecutive term of imprisonment in the state prison for one year,
unless the arming is an element of that offense. This additional term
shall apply to any person who is a principal in the commission of a
felony or attempted felony if one or more of the principals is armed
with a firearm, whether or not the person is personally armed with a
firearm.
   (2) Except as provided in subdivision (c), and notwithstanding
subdivision (d), if the firearm is an assault weapon, as defined in
Section 12276 or Section 12276.1, or a machinegun, as defined in
Section 12200, or a .50 BMG rifle, as defined in Section 12278, the
additional and consecutive term described in this subdivision shall
be three years whether or not the arming is an element of the offense
of which the person was convicted. The additional term provided in
this paragraph shall apply to any person who is a principal in the
commission of a felony or attempted felony if one or more of the
principals is armed with an assault weapon or machinegun, or a .50
BMG rifle, whether or not the person is personally armed with an
assault weapon or machinegun, or a .50 BMG rifle.
   (b) (1) Any person who personally uses a deadly or dangerous
weapon in the commission of a felony or attempted felony shall be
punished by an additional and consecutive term of imprisonment in the
state prison for one year, unless use of a deadly or dangerous
weapon is an element of that offense.
   (2) If the person described in paragraph (1) has been convicted of
carjacking or attempted carjacking, the additional term shall be
one, two, or three years.
   (3) When a person is found to have personally used a deadly or
dangerous weapon in the commission of a felony or attempted felony as
provided in this subdivision and the weapon is owned by that person,
the court shall order that the weapon be deemed a nuisance and
disposed of in the manner provided in Section 12028.
   (c) Notwithstanding the enhancement set forth in subdivision (a),
any person who is personally armed with a firearm in the commission
of a violation or attempted violation of Section 11351, 11351.5,
11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6
of the Health and Safety Code, shall be punished by an additional and
consecutive term of imprisonment in the state prison for three,
four, or five years.
   (d) Notwithstanding the enhancement set forth in subdivision (a),
any person who is not personally armed with a firearm who, knowing
that another principal is personally armed with a firearm, is a
principal in the commission of an offense or attempted offense
specified in subdivision (c), shall be punished by an additional and
consecutive term of imprisonment in the state prison for one, two, or
three years.
   (e) For purposes of imposing an enhancement under Section 1170.1,
the enhancements under this section shall count as one, single
enhancement.
   (f) Notwithstanding any other provision of law, the court may
strike the additional punishment for the enhancements provided in
subdivision (c) or (d) in an unusual case where the interests of
justice would best be served, if the court specifies on the record
and enters into the minutes the circumstances indicating that the
interests of justice would best be served by that disposition.
   (g) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 263.  Section 12022.1 of the Penal Code is amended to read:
   12022.1.  (a) For the purposes of this section only:
   (1) "Primary offense" means a felony offense for which a person
has been released from custody on bail or on his or her own
recognizance prior to the judgment becoming final, including the
disposition of any appeal, or for which release on bail or his or her
own recognizance has been revoked. In cases where the court has
granted a stay of execution of a county jail commitment or state
prison commitment, "primary offense" also means a felony offense for
which a person is out of custody during the period of time between
the pronouncement of judgment and the time the person actually
surrenders into custody or is otherwise returned to custody.
   (2) "Secondary offense" means a felony offense alleged to have
been committed while the person is released from custody for a
primary offense.
   (b) Any person arrested for a secondary offense which was alleged
to have been committed while that person was released from custody on
a primary offense shall be subject to a penalty enhancement of an
additional two years in state prison which shall be served
consecutive to any other term imposed by the court.
   (c) The enhancement allegation provided in subdivision (b) shall
be pleaded in the information or indictment which alleges the
secondary offense, or in the information or indictment of the primary
offense if a conviction has already occurred in the secondary
offense, and shall be proved as provided by law. The enhancement
allegation may be pleaded in a complaint but need not be proved at
the preliminary hearing or grand jury hearing.
   (d) Whenever there is a conviction for the secondary offense and
the enhancement is proved, and the person is sentenced on the
secondary offense prior to the conviction of the primary offense, the
imposition of the enhancement shall be stayed pending imposition of
the sentence for the primary offense. The stay shall be lifted by the
court hearing the primary offense at the time of sentencing for that
offense and shall be recorded in the abstract of judgment. If the
person is acquitted of the primary offense the stay shall be
permanent.
   (e) If the person is convicted of a felony for the primary
offense, is sentenced to state prison for the primary offense, and is
convicted of a felony for the secondary offense, any state prison
sentence for the secondary offense shall be consecutive to the
primary sentence.
   (f) If the person is convicted of a felony for the primary
offense, is granted probation for the primary offense, and is
convicted of a felony for the secondary offense, any state prison
sentence for the secondary offense shall be enhanced as provided in
subdivision (b).
   (g) If the primary offense conviction is reversed on appeal, the
enhancement shall be suspended pending retrial of that felony. Upon
retrial and reconviction, the enhancement shall be reimposed. If the
person is no longer in custody for the secondary offense upon
reconviction of the primary offense, the court may, at its
discretion, reimpose the enhancement and order him or her recommitted
to custody.
   (h) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 264.  Section 12022.2 of the Penal Code is amended to read:
   12022.2.  (a) Any person who, while armed with a firearm in the
commission or attempted commission of any felony, has in his or her
immediate possession ammunition for the firearm designed primarily to
penetrate metal or armor, shall upon conviction of that felony or
attempted felony, in addition and consecutive to the punishment
prescribed for the felony or attempted felony, be punished by an
additional term of 3, 4, or 10 years. The court shall order the
middle term unless there are circumstances in aggravation or
mitigation. The court shall state the reasons for its enhancement
choice on the record at the time of the sentence.
   (b) Any person who wears a body vest in the commission or
attempted commission of a violent offense, as defined in subdivision
(b) of Section 12021.1, shall, upon conviction of that felony or
attempted felony, in addition and consecutive to the punishment
prescribed for the felony or attempted felony of which he or she has
been convicted, be punished by an additional term of one, two, or
five years. The court shall order the middle term unless there are
circumstances in aggravation or mitigation. The court shall state the
reasons for its enhancement choice on the record at the time of the
sentence.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (d) As used in this section, "body vest" means any
bullet-resistant material intended to provide ballistic and trauma
protection for the wearer.
  SEC. 265.  Section 12022.3 of the Penal Code is amended to read:
   12022.3.  For each violation or attempted violation of Section
261, 262, 264.1, 286, 288, 288a, or 289, and in addition to the
sentence provided, any person shall receive the following:
   (a) A 3-, 4-, or 10-year enhancement if the person uses a firearm
or a deadly weapon in the commission of the violation.
   (b) A one-, two-, or five-year enhancement if the person is armed
with a firearm or a deadly weapon. The court shall order the middle
term unless there are circumstances in aggravation or mitigation. The
court shall state the reasons for its enhancement choice on the
record at the time of the sentence.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 266.  Section 12022.4 of the Penal Code is amended to read:
   12022.4.  (a) Any person who, during the commission or attempted
commission of a felony, furnishes or offers to furnish a firearm to
another for the purpose of aiding, abetting, or enabling that person
or any other person to commit a felony shall, in addition and
consecutive to the punishment prescribed by the felony or attempted
felony of which the person has been convicted, be punished by an
additional term of one, two, or three years in the state prison. The
court shall order the middle term unless there are circumstances in
aggravation or mitigation. The court shall state the reasons for its
enhancement choice on the record at the time of the sentence. The
additional term provided in this section shall not be imposed unless
the fact of the furnishing is charged in the accusatory pleading and
admitted or found to be true by the trier of fact.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 267.  Section 12022.5 of the Penal Code is amended to read:
   12022.5.  (a) Except as provided in subdivision (b), any person
who personally uses a firearm in the commission of a felony or
attempted felony shall be punished by an additional and consecutive
term of imprisonment in the state prison for 3, 4, or 10 years,
unless use of a firearm is an element of that offense.
   (b) Notwithstanding subdivision (a), any person who personally
uses an assault weapon, as specified in Section 12276 or Section
12276.1, or a machinegun, as defined in Section 12200, in the
commission of a felony or attempted felony, shall be punished by an
additional and consecutive term of imprisonment in the state prison
for 5, 6, or 10 years.
   (c) Notwithstanding Section 1385 or any other provisions of law,
the court shall not strike an allegation under this section or a
finding bringing a person within the provisions of this section.
   (d) Notwithstanding the limitation in subdivision (a) relating to
being an element of the offense, the additional term provided by this
section shall be imposed for any violation of Section 245 if a
firearm is used, or for murder if the killing is perpetrated by means
of shooting a firearm from a motor vehicle, intentionally at another
person outside of the vehicle with the intent to inflict great
bodily injury or death.
   (e) When a person is found to have personally used a firearm, an
assault weapon, a machinegun, or a .50 BMG rifle, in the commission
of a felony or attempted felony as provided in this section and the
firearm, assault weapon, machinegun, or a .50 BMG rifle, is owned by
that person, the court shall order that the firearm be deemed a
nuisance and disposed of in the manner provided in Section 12028.
   (f) For purposes of imposing an enhancement under Section 1170.1,
the enhancements under this section shall count as one, single
enhancement.
   (g) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 268.  Section 12022.53 of the Penal Code is amended to read:
   12022.53.  (a) This section applies to the following felonies:
   (1) Section 187 (murder).
   (2) Section 203 or 205 (mayhem).
   (3) Section 207, 209, or 209.5 (kidnapping).
   (4) Section 211 (robbery).
   (5) Section 215 (carjacking).
   (6) Section 220 (assault with intent to commit a specified
felony).
   (7) Subdivision (d) of Section 245 (assault with a firearm on a
peace officer or firefighter).
   (8) Section 261 or 262 (rape).
   (9) Section 264.1 (rape or sexual penetration in concert).
   (10) Section 286 (sodomy).
   (11) Section 288 or 288.5 (lewd act on a child).
   (12) Section 288a (oral copulation).
   (13) Section 289 (sexual penetration).
   (14) Section 4500 (assault by a life prisoner).
   (15) Section 4501 (assault by a prisoner).
   (16) Section 4503 (holding a hostage by a prisoner).
   (17) Any felony punishable by death or imprisonment in the state
prison for life.
   (18) Any attempt to commit a crime listed in this subdivision
other than an assault.
   (b) Notwithstanding any other provision of law, any person who, in
the commission of a felony specified in subdivision (a), personally
uses a firearm, shall be punished by an additional and consecutive
term of imprisonment in the state prison for 10 years. The firearm
need not be operable or loaded for this enhancement to apply.
   (c) Notwithstanding any other provision of law, any person who, in
the commission of a felony specified in subdivision (a), personally
and intentionally discharges a firearm, shall be punished by an
additional and consecutive term of imprisonment in the state prison
for 20 years.
   (d) Notwithstanding any other provision of law, any person who, in
the commission of a felony specified in subdivision (a), Section
246, or subdivision (c) or (d) of Section 12034, personally and
intentionally discharges a firearm and proximately causes great
bodily injury, as defined in Section 12022.7, or death, to any person
other than an accomplice, shall be punished by an additional and
consecutive term of imprisonment in the state prison for 25 years to
life.
   (e) (1) The enhancements provided in this section shall apply to
any person who is a principal in the commission of an offense if both
of the following are pled and proved:
   (A) The person violated subdivision (b) of Section 186.22.
   (B) Any principal in the offense committed any act specified in
subdivision (b), (c), or (d).
   (2) An enhancement for participation in a criminal street gang
pursuant to Chapter 11 (commencing with Section 186.20) of Title 7 of
Part 1 shall not be imposed on a person in addition to an
enhancement imposed pursuant to this subdivision, unless the person
personally used or personally discharged a firearm in the commission
of the offense.
   (f) Only one additional term of imprisonment under this section
shall be imposed per person for each crime. If more than one
enhancement per person is found true under this section, the court
shall impose upon that person the enhancement that provides the
longest term of imprisonment. An enhancement involving a firearm
specified in Section 12021.5, 12022, 12022.3, 12022.4, 12022.5, or
12022.55 shall not be imposed on a person in addition to an
enhancement imposed pursuant to this section. An enhancement for
great bodily injury as defined in Section 12022.7, 12022.8, or
12022.9 shall not be imposed on a person in addition to an
enhancement imposed pursuant to subdivision (d).
   (g) Notwithstanding any other provision of law, probation shall
not be granted to, nor shall the execution or imposition of sentence
be suspended for, any person found to come within the provisions of
this section.
   (h) Notwithstanding Section 1385 or any other provision of law,
the court shall not strike an allegation under this section or a
finding bringing a person within the provisions of this section.
   (i) The total amount of credits awarded pursuant to Article 2.5
(commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 or
pursuant to Section 4019 or any other provision of law shall not
exceed 15 percent of the total term of imprisonment imposed on a
defendant upon whom a sentence is imposed pursuant to this section.
   (j) For the penalties in this section to apply, the existence of
any fact required under subdivision (b), (c), or (d) shall be alleged
in the accusatory pleading and either admitted by the defendant in
open court or found to be true by the trier of fact. When an
enhancement specified in this section has been admitted or found to
be true, the court shall impose punishment for that enhancement
pursuant to this section rather than imposing punishment authorized
under any other provision of law, unless another enhancement provides
for a greater penalty or a longer term of imprisonment.
   (k) When a person is found to have used or discharged a firearm in
the commission of an offense that includes an allegation pursuant to
this section and the firearm is owned by that person, a
coparticipant, or a coconspirator, the court shall order that the
firearm be deemed a nuisance and disposed of in the manner provided
in Section 12028.
   () The enhancements specified in this section shall not apply to
the lawful use or discharge of a firearm by a public officer, as
provided in Section 196, or by any person in lawful self-defense,
lawful defense of another, or lawful defense of property, as provided
in Sections 197, 198, and 198.5.
   (m) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 269.  Section 12022.55 of the Penal Code is amended to read:
   12022.55.  (a) Notwithstanding Section 12022.5, any person who,
with the intent to inflict great bodily injury or death, inflicts
great bodily injury, as defined in Section 12022.7, or causes the
death of a person, other than an occupant of a motor vehicle, as a
result of discharging a firearm from a motor vehicle in the
commission of a felony or attempted felony, shall be punished by an
additional and consecutive term of imprisonment in the state prison
for 5, 6, or 10 years.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 270.  Section 12022.6 of the Penal Code is amended to read:
   12022.6.  (a) When any person takes, damages, or destroys any
property in the commission or attempted commission of a felony, with
the intent to cause that taking, damage, or destruction, the court
shall impose an additional term as follows:
   (1) If the loss exceeds fifty thousand dollars ($50,000), the
court, in addition and consecutive to the punishment prescribed for
the felony or attempted felony of which the defendant has been
convicted, shall impose an additional term of one year.
   (2) If the loss exceeds one hundred fifty thousand dollars
($150,000), the court, in addition and consecutive to the punishment
prescribed for the felony or attempted felony of which the defendant
has been convicted, shall impose an additional term of two years.
   (3) If the loss exceeds one million dollars ($1,000,000), the
court, in addition and consecutive to the punishment prescribed for
the felony or attempted felony of which the defendant has been
convicted, shall impose an additional term of three years.
   (4) If the loss exceeds two million five hundred thousand dollars
($2,500,000), the court, in addition and consecutive to the
punishment prescribed for the felony or attempted felony of which the
defendant has been convicted, shall impose an additional term of
four years.
   (b) In any accusatory pleading involving multiple charges of
taking, damage, or destruction, the additional terms provided in this
section may be imposed if the aggregate losses to the victims from
all felonies exceed the amounts specified in this section and arise
from a common scheme or plan. All pleadings under this section shall
remain subject to the rules of joinder and severance stated in
Section 954.
   (c) The additional terms provided in this section shall not be
imposed unless the facts of the taking, damage, or destruction in
excess of the amounts provided in this section are charged in the
accusatory pleading and admitted or found to be true by the trier of
fact.
   (d) This section applies to, but is not limited to, property
taken, damaged, or destroyed in violation of Section 502 or
subdivision (b) of Section 502.7. This section shall also apply to
applicable prosecutions for a violation of Section 350, 653h, 653s,
or 653w.
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (f) For the purposes of this section, the term "loss" has the
following meanings:
   (1) When counterfeit items of computer software are manufactured
or possessed for sale, the "loss" from the counterfeiting of those
items shall be equivalent to the retail price or fair market value of
the true items that are counterfeited.
   (2) When counterfeited but unassembled components of computer
software packages are recovered, including, but not limited to,
counterfeited computer diskettes, instruction manuals, or licensing
envelopes, the "loss" from the counterfeiting of those components of
computer software packages shall be equivalent to the retail price or
fair market value of the number of completed computer software
packages that could have been made from those components.
    (g) It is the intent of the Legislature that the provisions of
this section be reviewed within 10 years to consider the effects of
inflation on the additional terms imposed. For that reason, this
section shall remain in effect only until January 1, 2008, and as of
that date is repealed unless a later enacted statute, which is
enacted before January 1, 2008, deletes or extends that date.
  SEC. 271.  Section 12022.7 of the Penal Code is amended to read:
   12022.7.  (a) Any person who personally inflicts great bodily
injury on any person other than an accomplice in the commission of a
felony or attempted felony shall be punished by an additional and
consecutive term of imprisonment in the state prison for three years.

   (b) Any person who personally inflicts great bodily injury on any
person other than an accomplice in the commission of a felony or
attempted felony which causes the victim to become comatose due to
brain injury or to suffer paralysis of a permanent nature, shall be
punished by an additional and consecutive term of imprisonment in the
state prison for five years. As used in this subdivision, "paralysis"
means a major or complete loss of motor function resulting from
injury to the nervous system or to a muscular
                  mechanism.
   (c) Any person who personally inflicts great bodily injury on a
person who is 70 years of age or older, other than an accomplice, in
the commission of a felony or attempted felony shall be punished by
an additional and consecutive term of imprisonment in the state
prison for five years.
   (d) Any person who personally inflicts great bodily injury on a
child under the age of five years in the commission of a felony or
attempted felony shall be punished by an additional and consecutive
term of imprisonment in the state prison for four, five, or six
years.
   (e) Any person who personally inflicts great bodily injury under
circumstances involving domestic violence in the commission of a
felony or attempted felony shall be punished by an additional and
consecutive term of imprisonment in the state prison for three, four,
or five years. As used in this subdivision, "domestic violence" has
the meaning provided in subdivision (b) of Section 13700.
   (f) As used in this section, "great bodily injury" means a
significant or substantial physical injury.
   (g) This section shall not apply to murder or manslaughter or a
violation of Section 451 or 452. Subdivisions (a), (b), (c), and (d)
shall not apply if infliction of great bodily injury is an element of
the offense.
   (h) The court shall impose the additional terms of imprisonment
under either subdivision (a), (b), (c), or (d), but may not impose
more than one of those terms for the same offense.
   (i) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 272.  Section 12022.75 of the Penal Code is amended to read:
   12022.75.  (a) Except as provided in subdivision (b), any person
who, for the purpose of committing a felony, administers by
injection, inhalation, ingestion, or any other means, any controlled
substance listed in Section 11054, 11055, 11056, 11057, or 11058 of
the Health and Safety Code, against the victim's will by means of
force, violence, or fear of immediate and unlawful bodily injury to
the victim or another person, shall, in addition and consecutive to
the penalty provided for the felony or attempted felony of which he
or she has been convicted, be punished by an additional term of three
years.
   (b) (1) Any person who, in the commission or attempted commission
of any offense specified in paragraph (2), administers any controlled
substance listed in Section 11054, 11055, 11056, 11057, or 11058 of
the Health and Safety Code to the victim shall be punished by an
additional and consecutive term of imprisonment in the state prison
for five years.
   (2) This subdivision shall apply to the following offenses:
   (A) Rape, in violation of paragraph (3) or (4) of subdivision (a)
of Section 261.
   (B) Sodomy, in violation of subdivision (f) or (i) of Section 286.

   (C) Oral copulation, in violation of subdivision (f) or (i) of
Section 288a.
   (D) Sexual penetration, in violation of subdivision (d) or (e) of
Section 289.
   (E) Any offense specified in subdivision (c) of Section 667.61.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules, except that no sentencing rule shall
change any provision of this section that was specifically added by
voter initiative.
  SEC. 273.  Section 12022.8 of the Penal Code is amended to read:
   12022.8.  (a) Any person who inflicts great bodily injury, as
defined in Section 12022.7, on any victim in a violation or attempted
violation of paragraph (2), (3), or (6) of subdivision (a) of
Section 261, paragraph (1) or (4) of subdivision (a) of Section 262,
Section 264.1, subdivision (b) of Section 288, subdivision (a) of
Section 289, or sodomy or oral copulation by force, violence, duress,
menace, or fear of immediate and unlawful bodily injury on the
victim or another person as provided in Section 286 or 288a shall
receive a five-year enhancement for each such violation in addition
to the sentence provided for the felony conviction.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 274.  Section 12022.85 of the Penal Code is amended to read:
   12022.85.  (a) Any person who violates one or more of the offenses
listed in subdivision (b) with knowledge that he or she has acquired
immune deficiency syndrome (AIDS) or with the knowledge that he or
she carries antibodies of the human immunodeficiency virus at the
time of the commission of those offenses, shall receive a three-year
enhancement for each violation in addition to the sentence provided
under those sections.
   (b) Subdivision (a) applies to the following crimes:
   (1) Rape in violation of Section 261.
   (2) Unlawful intercourse with a person under 18 years of age in
violation of Section 261.5.
   (3) Rape of a spouse in violation of Section 262.
   (4) Sodomy in violation of Section 286.
   (5) Oral copulation in violation of Section 288a.
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (d) For purposes of proving the knowledge requirement of this
section, the prosecuting attorney may use test results received under
subdivision (c) of Section 1202.1 or subdivision (g) of Section
1202.6.
  SEC. 275.  Section 12022.9 of the Penal Code is amended to read:
   12022.9.  (a) Any person who, during the commission of a felony or
attempted felony, knows or reasonably should know that the victim is
pregnant, and who, with intent to inflict injury, and without the
consent of the woman, personally inflicts injury upon a pregnant
woman that results in the termination of the pregnancy shall be
punished by an additional and consecutive term of imprisonment in the
state prison for five years. The additional term provided in this
subdivision shall not be imposed unless the fact of that injury is
charged in the accusatory pleading and admitted or found to be true
by the trier of fact.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
   (c) Nothing in this section shall be construed as affecting the
applicability of subdivision (a) of Section 187.
  SEC. 276.  Section 12022.95 of the Penal Code is amended to read:
   12022.95.  (a) Any person convicted of a violation of Section
273a, who under circumstances or conditions likely to produce great
bodily harm or death, willfully causes or permits any child to
suffer, or inflicts thereon unjustifiable physical pain or injury
that results in death, or having the care or custody of any child,
under circumstances likely to produce great bodily harm or death,
willfully causes or permits that child to be injured or harmed, and
that injury or harm results in death, shall receive a four-year
enhancement for each violation, in addition to the sentence provided
for that conviction. Nothing in this paragraph shall be construed as
affecting the applicability of subdivision (a) of Section 187 or
Section 192. This section shall not apply unless the allegation is
included within an accusatory pleading and admitted by the defendant
or found to be true by the trier of fact.
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Sentencing Commission, a
person who violates this section shall be punished as provided in the
applicable sentencing rules.
  SEC. 277.  Any section of any act other than Assembly Bill 299 
or Senate Bill 425  which is enacted by the Legislature during
the 2007 calendar year that takes effect on or before January 1,
2008, and that amends, amends and renumbers, adds, repeals and adds,
or repeals any one or more of the sections affected by this act,
shall prevail over this act, whether this act is enacted prior to, or
subsequent to, the enactment of that act. The repeal, or repeal and
addition, of any article, chapter, part, title, or division of any
code by this act shall not become operative if any section of any
other act other than Assembly Bill 299  or Senate Bill 425 
that is enacted by the Legislature during the 2007 calendar year and
takes effect on or before January 1, 2008, amends, amends and
renumbers, adds, repeals, or repeals and adds any section contained
in that article, chapter, part, title, or division.
   SEC. 278.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, 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.  
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.