BILL NUMBER: ABX3 14	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 20, 2009
	AMENDED IN SENATE  FEBRUARY 14, 2009
	AMENDED IN ASSEMBLY  JANUARY 7, 2009

INTRODUCED BY   Assembly Member  Evans  
Arambula 
    (   Principal coauthor:   Senator 
 Ducheny   ) 

                        JANUARY 5, 2009

    An act to amend Sections 15819.40, 15819.402, 15819.403,
15819.404, 15819.41, 15819.412, 15819.414, 15819.417, 15820.903,
15820.911, and 15820.913 of, and to add Sections 15820.904 and
15820.914 to, the Government Code, to amend Section 7021 of the Penal
Code, and to amend Sections 1970, 1971, 1972, 1973, and 1975 of, and
to add Section 1977 to, the Welfare and Institutions Code, relating
to correctional facilities, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately. 
 An act to amend Sections 7027.3, 14491, 17550.19, and 21653 of
the Business and Professions Code, to amend Section 25541 of the
Corporations Code, to amend Section 5305 of the Financial Code, 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 Section 11880 of the Insurance Code, to amend Section 421 
 of the Military and Veterans Code, to amend Sections 18, 19,
72, 72.5, 115.1, 126, 148.1, 154, 155, 182, 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, 288.4, 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, 327, 337.4, 350, 368, 380,
381, 381b, 422, 422.7, 422.75, 451, 451.1, 451.5, 452, 452.1, 453,
454, 455, 456, 461, 462, 462.5, 463, 470a, 470b, 473, 474, 476a, 478,
479, 481, 481.1, 483.5, 484b, 484g, 484h, 484i, 487, 487b, 487c,
487d, 487e, 487f, 487g, 487h, 488, 489, 490, 490.1, 490.5, 490.7,
496, 496a, 496d, 498, 499, 499b, 499c, 499d, 500, 502, 502.7, 502.8,
506b, 520, 524, 529a, 530.5, 532a, 535, 537, 537e, 538.5, 549, 550,
551, 560, 560.4, 565, 566, 570, 577, 578, 580, 581, 587, 591, 592,
593d, 594.35, 594.4, 641.3, 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, 2932, 2933, 2933.2,  
2933.3, 2933.5, 2933.6, 2934, 2935, 3000, 4019, 4532, 4600, 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, 12022.95 of,
to amend and renumber Section 2933.4 of, to add Sections 1170.05,
2933.05, and 3003.5 to, to add Article 2.3 (commencing with Section
3015) to Chapter 8 of Title 1 of Part 3 of, to add Title 6.5
(commencing with Section 4950) to Part 3 of, and to add and repeal
Chapter 3 (commencing with Section 1228) of Title 8 of Part 2 of, the
Penal Code, to amend Sections 14591 and 41955 of the Pu  
blic Resources Code, to amend Section 19706 of the Revenue and
Taxation Code, to amend Sections 4463, 10801, 10802, 10803, 10851,
10851.5 and 42002.4 of the Vehicle Code, and to amend Sections 10980
and 15656 of the Welfare and Institutions Code, relating to
corrections. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 14, as amended,  Evans   Arambula  .
 Prison facilities: construction.   Corrections.
 
   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 Public Safety 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 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 codes 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. 
   Existing law establishes certain values for determining if theft
or certain other property crimes are punishable as felonies or not.
Existing law provides that for many of these crimes, the threshold is
$400, while the thresholds for certain other crimes are $100, $200,
and $1,000, as specified.  
   This bill would increase those thresholds uniformly, for example,
by increasing the $400 threshold to $950, except for certain
provisions relating to grand theft, for which the threshold would be
increased to $2,500.  
   Existing law establishes various offenses punishable as felonies
or misdemeanors.  
   This bill would provide that specified offenses, including certain
offenses related to drugs and theft, committed on or after the date
the bill becomes operative shall only be punished as misdemeanors,
subject to any operative sentencing rule of the sentencing
commission, as specified.  
   Existing law makes it a misdemeanor or a felony to take or drive
another person's vehicle without the owner's consent, as specified.
 
   This bill would make it a misdemeanor or a felony if the value of
the car is more than $2,500 and a misdemeanor if the value of the car
is not more than $2,500.  
   By increasing local incarceration costs, this bill would impose a
state-mandated local program.  
   Because this bill would change the definitions of various crimes,
it would impose a state-mandated local program.  
   Existing law provides a system of prisons under the Department of
Corrections and Rehabilitation to house inmates committed to state
prison for felonies.  
   This bill would authorize the Secretary of the Department of
Corrections and Rehabilitation to offer a program under which inmates
committed to state prison may be allowed to participate in a
voluntary alternative custody program in lieu of confinement in state
prison. The bill would define an alternative custody program to
include confinement to a residential home, a residential drug or
treatment program, or a transitional care facility during the hours
designated by the Department of Corrections and Rehabilitation. The
bill would, among other things, provide inmate eligibility criteria,
authorize the secretary to prescribe rules and regulations for the
program, including making an unauthorized departure or failure to
return as required a crime, impose certain inmate participation
requirements, and authorize certain verification procedures. 

   Existing law provides for a 6-month reduction in a prisoner's term
of confinement for every 6 months of full-time performance by the
prisoner in a qualified work, training, or education program, as
specified. Existing law provides that for every 6 days served in a
specified local detention center following an arrest and prior to the
imposition of a prison sentence for a felony conviction, 2 days
shall be deducted from his or her period of confinement, as
specified.  
   This bill would instead provide that certain prisoners shall earn
one day of credit for every one day served either in the state prison
or in a local facility prior to delivery to the state prison. This
bill would provide for up to 6 weeks of additional credit for the
successful completion of certain programs offered by the department,
as specified. This bill would also expand an existing program for
extra time credits for inmates assigned to conservation camps to
apply to inmates who are assigned to correctional institutions as
inmate firefighters and to inmates who have completed the training
for either of those assignments, as specified. This bill would also
revise the time credits for certain prisoners confined or committed
to a county jail or other specified facilities, as provided. 

   This bill would also provide criteria for the denial and loss of
these credits, and would make various conforming and technical
changes.  
   Existing law establishes provisions authorizing the department to
oversee programs for the purposes of reducing parolee recidivism.
 
   This bill would authorize each county to establish a Community
Corrections Performance Incentives Fund (CCPIF) and would authorize
the state to annually allocate money into a State Corrections
Performance Incentives Fund to be used for certain purposes relating
to improving local probation supervision practices and capacities, as
specified. This bill would require the Director of Finance, in
consultation with the Department of Corrections and Rehabilitation,
the Joint Legislative Budget Committee, the Chief Probation Officers
of California, and the Administrative Office of the Courts, to make
various calculations relating to the costs of incarceration,
probation failure rates, and estimated numbers of adult felony
probationers who are successfully prevented from being sent to prison
per county, as specified. This bill would require the Department of
Finance, in consultation with other specified agencies, to annually
calculate 5% of the savings to the state attributed to those counties
that successfully reduce the number of adult felony probationers
sent to prison, and the bill would authorize those savings to be used
to provide high performance grants to county probation departments
to reduce recidivism among adult felony probationers. This bill would
also require each county using CCPIF funds to identify and track
specific outcome-based measures, as specified, and report to the
Administrative Office of the Courts on the effectiveness of the
programs paid for by the CCPIF.  
   This bill would require each county's community corrections
programs to be developed and implemented by the probation department,
as advised by a local Community Corrections Partnership. This bill
would require specified local officials to serve as part of that
Community Corrections Partnership. Because this bill would increase
the duties for certain local officials, it would impose a
state-mandated local program.  
   Existing law requires an inmate under the custody of the
Department of Corrections and Rehabilitation, who has successfully
completed an in prison drug treatment program, to be entered into a
150-day residential aftercare drug treatment program upon release
from state prison, whenever possible, as specified. Existing law
excludes from those drug treatment programs inmates who are currently
serving or have served a prior indeterminate sentence or who have
been sentenced for a violent felony, a serious felony, or a crime
requiring registration as a sex offender.  
   This bill would remove serious felonies from the above exclusion,
and would thereby make inmates serving sentences for serious felonies
eligible for residential aftercare drug treatment programs who are
not otherwise precluded.  
   Existing law requires the Department of Corrections and
Rehabilitation to release a prisoner on a specified period of parole
after the expiration of a specified term of imprisonment. Under
existing law, the department is authorized to return a parolee to
prison if the Board of Parole Hearings determines that the parolee
violated the terms of his or her parole, as specified.  
   This bill would prohibit the department from returning certain
parolees to prison, placing a parole hold on the parolee, or
reporting the parolee to the Board of Parole Hearings for a violation
of parole, as specified.  
   Existing law requires the Department of Corrections and
Rehabilitation to establish certain pilot programs to assist parolees
in the successful reintegration of those parolees into the
community.  
   This bill would require the Secretary of the Department of
Corrections and Rehabilitation to establish a parole reentry
accountability program for parolees who have been sentenced to a
determinate term of imprisonment. The bill would require the
department to employ a parole violation decisionmaking instrument to
determine the most appropriate sanctions for parolees who violate
their parole conditions. The bill would require the department to
adopt regulations that make appropriate changes in policies and
procedures to reflect the bill's intent.  
   The bill would also authorize the department to refer these
parolees, if they have a history of substance abuse or mental illness
and violate their parole conditions, to a reentry court program. The
bill would require the secretary, subject to available funding, to
enter into a memorandum of understanding with the Administrative
Office of the Courts for the purpose of the establishment and
operation of parolee reentry programs, as specified.  
   The bill would require the Judicial Council, in collaboration with
the department, to design and perform an evaluation of the program
to assess its effectiveness in reducing recidivism among parolees and
reducing parole revocations. The bill would also require the
Judicial Council, in collaboration with the department, to submit a
final report of its findings to the Legislature and the Governor, as
specified.  
   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. 

   Existing law, the Public Safety and Offender Rehabilitation
Services Act of 2007, requires the Department of Corrections and
Rehabilitation to design, construct, or renovate prison housing
units, prison support buildings, and programming space in order to
add approximately 7,484 beds at specified adult correctional
facilities, and authorizes the department to develop approximately
12,000 new prison beds overall, including appropriate programming
space, and to acquire land, design, construct, and renovate reentry
program facilities, and to construct and establish new buildings at
facilities under the jurisdiction of the department to provide
medical, dental, and mental health treatment or housing for 6,000
inmates, as specified.  
   This bill instead would remove the limitation on the number of
beds that are required to be constructed at specified facilities,
while maintaining the 12,000 bed maximum, and would delete the word
"prison" from the types of facilities that are affected by the bill
and replace it with "facilities under the jurisdiction of the
department."  
   Existing law authorizes the State Public Works Board to issue
revenue bonds or notes for purposes of financing these projects, as
specified. Existing law also provides that funds derived from interim
financing, bonds, or notes issued for this purpose are continuously
appropriated to the board on behalf of the department for purposes of
specified prison construction. Existing law authorizes the board to
borrow funds for project costs from the Pooled Money Investment
Account.  
   This bill would add acquisition and design as project costs for
which the board may borrow funds from the Pooled Money Investment
Account. The bill would also provide that preliminary expenditures to
develop the scope, budget, programming, and scheduling for a project
would be reimbursable from the proceeds of the revenue bonds. The
board would be allowed to issue bonds or notes to finance the
acquisition of specified projects. The amount of bonds or notes to be
sold would be required to include the cost of acquisition of the
facilities and other costs related to acquisition of the facilities.
Because the bill would authorize additional uses of continuously
appropriated funds, the bill would constitute an appropriation.
 
   Under existing law, the amount of revenue bonds or notes to be
sold is required to equal certain costs, including interim financing
and a reasonable reserve.  
   This bill, instead, would authorize the amount of bonds and notes
to include those items.  
   Existing law provides that eligible counties that choose to
finance a local youthful offender rehabilitative facility with money
from this act are responsible for the acquisition, design,
construction, staffing, operation, repair, and maintenance of those
facilities. 
   This bill would also require those counties to be responsible for
the renovation of those facilities.  
   The bill would make related conforming changes. 
   The California Constitution authorizes the Governor to declare a
fiscal emergency and to call the Legislature into special session for
that purpose. The Governor issued a proclamation declaring a fiscal
emergency, and calling a special session for this purpose, on
December 19, 2008.
   This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 19, 2008,
pursuant to the California Constitution. 
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  2/3   majority  . Appropriation:
 yes   no  . Fiscal committee: yes.
State-mandated local program:  no   yes  .


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

   SECTION 1.    Section 7027.3 of the  
Business and Professions Code   is amended to read: 
   7027.3.   (a)    Any person, licensed or
unlicensed, who willfully and intentionally uses, with intent to
defraud, a contractor's license number that does not correspond to
the number on a currently valid contractor's license held by that
person, is punishable by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in state prison, or in  a 
county jail for not more than one year, or by both that fine and
imprisonment. The penalty provided by this section is cumulative to
the penalties available under all other laws of this state. If, upon
investigation, the registrar has probable cause to believe that an
unlicensed individual is in violation of this section, the registrar
may issue a citation pursuant to Section 7028.7. 
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 2.    Section 14491 of the   Business
and Professions Code   is amended to read: 
   14491.  The violation of any of the provisions of this article is
a misdemeanor, except that if the violation consists of unlawfully
using, selling, or secreting in any place supplies of a value
exceeding  four hundred dollars ($400)   nine
hundred fifty dollars ($950)  , the violation is a felony.
   SEC. 3.    Section 17550.19 of the  
Business and Professions Code   is amended to read: 
   17550.19.  In addition to any civil penalties provided in this
division, violation of this article is punishable as follows:
   (a) As a misdemeanor by a fine of not more than ten thousand
dollars ($10,000), by imprisonment in a county jail for not more than
one year, or by both that fine and imprisonment for each violation.
   (b) In addition, any violation of Section 17550.14 or subdivision
(b) or (c) of Section 17550.15 where money or real or personal
property received or obtained by a seller of travel for
transportation or travel services from any and all persons aggregates
 one thousand dollars ($1,000)   two thousand
three hundred fifty dollars ($2,350)  or more in any consecutive
12-month period, or the payment or payments by or on behalf of any
one passenger exceeds in the aggregate  four hundred dollars
($400)   nine hundred fifty dollars ($950)  in any
12-month period, is punishable either as a misdemeanor or as a felony
by imprisonment in the state prison for 16 months, or two or three
years, by a fine of not more than twenty-five thousand dollars
($25,000), or by both that fine and imprisonment for each violation.
   (c) In addition, any intentional use for any purpose of a false
seller of travel registration number, with intent to defraud, by an
unregistered seller of travel is punishable as a misdemeanor or
felony as provided in this section.
   (d) Any violation of Section 17550.15 shall be a misdemeanor and
shall be punished as provided in this section. Every act in violation
of Section 17550.15 may be prosecuted as a separate and distinct
violation and consecutive sentences may be imposed for each
violation.
   (e) Sellers of travel shall also comply with Sections 17537,
17537.1, and 17537.2 of the Business and Professions Code and all
other applicable laws. This section shall not be construed to
preclude the applicability of any other provision of the criminal law
of this state that applies or may apply to any transaction.
   SEC. 4.    Section 21653 of the   Business
and Professions Code   is amended to read: 
   21653.  Every junk dealer or secondhand dealer who resells any
item acquired in violation of Section 21652 is guilty of a felony, if
the value of the item exceeds  four hundred dollars ($400)
  nine hundred fifty dollars ($950)  , and is
guilty of a misdemeanor if the value of the item does not exceed
 four hundred dollars ($400)   nine hundred
fifty dollars ($950) .
   SEC. 5.    Section 25541 of the  
Corporations Code   is amended to read: 
   25541.  (a) Any person who willfully employs, directly or
indirectly, any device, scheme, or artifice to defraud in connection
with the offer, purchase, or sale of any security or willfully
engages, directly or indirectly, in any act, practice, or course of
business which operates or would operate as a fraud or deceit upon
any person in connection with the offer, purchase, or sale of any
security shall upon conviction be fined not more than ten million
dollars ($10,000,000), or imprisoned in the state prison for two,
three, or five years, or be punished by both that fine and
imprisonment.
   (b) Any issuer, as defined in Section 2 of the Sarbanes-Oxley Act
of 2002 (Public Law 107-204), who willfully violates subdivision (a)
shall upon conviction be fined not more than twenty-five million
dollars ($25,000,000), or imprisoned in the state prison for two,
three, or five years, or be punished by both that fine and
imprisonment. 
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 6.    Section 5305 of the   Financial
Code   is amended to read: 
   5305.  Any institution-affiliated party who abstracts or willfully
misapplies any of the money, funds, or property of the savings
association, or willfully misapplies its credit, is guilty of a
felony and shall be punished by a fine of not more than one million
dollars ($1,000,000), by imprisonment in the state prison for 2, 3,
or 4 years, or by both that fine and imprisonment. However, if the
amount abstracted or willfully misapplied does not exceed 
one hundred dollars ($100)   two hundred fifty dollars
($250)  , the offense shall instead be punishable by a fine of
not more than one thousand dollars ($1,000), by imprisonment in the
county jail for not more than one year or in the state prison, or by
both that fine and imprisonment.
  SEC. 7.    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 Public Safety Commission, a
first or subsequent violation of this section is punishable as
provided in the applicable sentencing rules. 
   SEC. 8.    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 Public Safety
Commission, they shall be included in the schedule provided in the
applicable sentencing rules  .
   SEC. 9.    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 Public Safety Comm   ission, 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. 10.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 11.    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)  This section shall become operative on July 1, 2004.
  Alternatively, on or after the operative date of an
applicable rule or rules proposed by the California Public Safety
Commission, a person who violates this section shall be punished as
provided in the app   licable sentencing rules. 
   SEC. 12.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 13.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 14.    Section 11351.5 of the   Health
and Safety Code   is amended t   o 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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 15.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 16.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 17.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 18.    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 Public Safety 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. 19.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 20.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 21.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 22.   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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 23.    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 Public Safety
Commission, a person who violates this section shall be punished as
provided in the applicable sentencing rules.  
   (b) 
    (c)  This section is not intended to affect the
jurisdiction of the juvenile court.
   SEC. 24.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 25.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (b) 
    (c)  For purposes of this section, "value of the
controlled substance" means the retail price to the user.
   SEC. 26.   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   a  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   that 
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  or her  , and
the court shall divert and refer him  or her  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  or her 
. If the person is so diverted and referred he  or she 
shall not be subject to the fine specified in this subdivision. If no
community program will accept him  or her  , 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   the  person shall be released by
the arresting officer upon presentation of satisfactory evidence of
identity and giving his  or her  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   a 
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
  that  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   a  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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 27.    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 Public Safety Commission, shall
be punished as provided in the applicable sentencing rules  .
   SEC. 28.   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 Public Safety
Commission, shall be punished as provided in the applicable
sentencing rules  .
   SEC. 29.    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).
 In any case in which   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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 30.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 31.    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 Public Safety Commission, shall be
punished as provided in the applicable sentencing rules .
   SEC. 32.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 33.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 34.    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 Public Safety Commission, a person who violates this
section shall be punished as provided in the applicable sentencing
rules.  
   (d) 
    (e)    For the purposes of this section,
"excessive profits" means the receipt of consideration of a value
substantially higher than fair market value.
   SEC. 35.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 36.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 37.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (c) 
    (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. 
   (d) 
    (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. 38.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 39.    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 Public Safety Commission, a
person who would be ineligible for probation pursuant to this
section shall be punished as provided in the applicable sentencing
rules. 
   SEC. 40.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   As 
    (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. 41.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 42.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 43.    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 Public Safety Commission,   a person who violates
this section shall be punished as provided in the applicable
sentencing rules.  
   (b) 
    (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. 
   (c) 
    (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. 44.    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
Division 10.1   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 Division 10.1   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 Division 10.1  
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 Division 10.1   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 Division 10.1   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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (g) 
    (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. 
   (h) 
    (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. 45.    Section 11371 of the   Health
and Safety Code   is amended to read: 
   11371.   (a)    Any person who  shall
knowingly violate   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   the  fine and imprisonment. 
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 46.    Section 11371.1 of the   Health
and Safety Code   is amended to read: 
   11371.1.   (a)    Any person who  shall
knowingly violate   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 Public Safety Commission, a
person who would be subject to a penalty pursuant to this section
shall be punished as provided in the applicable sentencing rules.

   SEC. 47.    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 Public Safety Commission, a
person who would be subject to a penalty pursuant to this section
shall be punished as provided in the applicable sentencing rules.

                                    SEC. 48.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 49.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (c) 
    (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. 50.    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 
(c)   (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  (c)   (d)
 shall be punished by imprisonment in  the 
 a  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  (c)   (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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (c) 
    (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. 51.    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 
(c)   (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  (c)   (d)
 shall be punished by imprisonment in  the 
 a  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  (c)   (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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (c) 
    (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. 52.    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.
   (3) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in paragraph (7) or (8)
of subdivision (d) of Section 11055 is guilty of a misdemeanor.
   (4) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in paragraph (8) of
subdivision (f) of Section 11057 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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 53.   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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 54.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 55.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 56.    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   a  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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 57.    Section 1   1379.5 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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 58.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (d) 
    (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. 59.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (c) 
    (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. 
   (d) 
   (e)  As used in this section, "great bodily injury" has
the same meaning as defined in Section 12022.7 of the Penal Code.
   SEC. 60.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 61.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 62.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (b) 
    (c)    Nothing in this section applies to a
registered pharmacist furnishing controlled substances pursuant to a
prescription.
   SEC. 63.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (e) 
    (f)    The definitions contained in subdivision
(e) of Section 11353.1 shall apply to this section. 
   (f) 
    (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. 64.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (c) 
    (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. 
   (d) 
    (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. 65.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 66.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (e) 
    (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. 67.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (g) 
    (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. 
   (h) 
    (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. 68.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (e) 
    (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. 69.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (g) 
    (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. 
   (h) 
    (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. 70.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 71.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 72.    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 Public Safety Commission, a
violation shall be punished as provided in the applicable sentencing
rules  .
   SEC. 73.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 74.    Section 11880 of the   Insurance
Code   is amended to read: 
   11880.  (a) It is unlawful to make or cause to be made any
knowingly false or fraudulent statement, whether made orally or in
writing, of any fact material to the determination of the premium,
rate, or cost of any policy of workers' compensation insurance issued
or administered by the State Compensation Insurance Fund for the
purpose of reducing the premium, rate, or cost of the insurance. Any
person convicted of violating this subdivision shall be punished by
imprisonment in  the   a  county jail for
one year, or in the state prison for two, three, or five years, or by
a fine not exceeding fifty thousand dollars ($50,000), or double the
value of the fraud, whichever is greater, or by both imprisonment
and fine.
   (b) Any person who violates subdivision (a) and who has a prior
felony conviction of the offense set forth in that subdivision shall
receive a two-year enhancement for each prior conviction in addition
to the sentence provided in subdivision (a). The existence of any
fact that would subject a person to a penalty enhancement 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. 
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 75.    Section 421 of the   Military
and Veterans Code   is amended to read: 
   421.  Any person who secretes, sells, disposes of, offers for
sale, purchases, retains after demand made by a commissioned officer
of the National Guard or of the unorganized militia when called into
the service of the state or Naval Militia, or in any manner pawns or
pledges any arms, uniforms, equipment, or military or naval property
of the state or of the United States, or of any organization of the
active militia or of the unorganized militia when called into the
service of the state is guilty of a felony if said arms, uniforms,
equipments, or military or naval property of the state or of the
United States is of a value of  four hundred dollars ($400)
  nine hundred fifty dollars ($950)  or more,
otherwise such person is guilty of a misdemeanor.
   SEC. 76.    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 Public Safety
Commission applicable to a particular felony, that offense is
punishable as provided in the applicable sentencing rules. 
   SEC. 77.    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 Public Safety
Commission applicable to a particular misdemeanor, that offense is
punishable as provided in the applicable sentencing rules. 
   SEC. 78.    Section 72 of the   Penal Code
  is amended to read: 
   72.   (a)    Every person who, with intent to
defraud, presents for allowance or for payment to any state board or
officer, or to any county, city, or district board or officer,
authorized to allow or pay the same if genuine, any false or
fraudulent claim, bill, account, voucher, or writing, is punishable
either by imprisonment in  the   a  county
jail for a period of not more than one year, by a fine of not
exceeding one thousand dollars ($1,000), or by both  such
  that  imprisonment and fine, or by imprisonment
in the state prison, by a fine of not exceeding ten thousand dollars
($10,000), or by both  such   that 
imprisonment and fine.
   As used in this section "officer" includes a "carrier," as defined
in subdivision (a) of Section 14124.70 of the Welfare and
Institutions Code, authorized to act as an agent for a state board or
officer or a county, city, or district board or officer, as the case
may be. 
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 79.    Section 72.5 of the   Penal Code
  is amended to read: 
   72.5.  (a) Every person who, knowing a claim seeks public funds
for reimbursement of costs incurred in attending a political function
organized to support or oppose any political party or political
candidate, presents such a claim for allowance or for payment to any
state board or officer, or to any county, city, or district board or
officer authorized to allow or pay such claims, is punishable either
by imprisonment in  the   a  county jail
for a period of not more than one year, by a fine of not exceeding
one thousand dollars ($1,000), or by both  such 
 that  imprisonment and fine, or by imprisonment in the
state prison, by a fine  of  not exceeding ten
thousand dollars ($10,000), or by both  such  
that  imprisonment and fine.
   (b) Every person who, knowing a claim seeks public funds for
reimbursement of costs incurred to gain admittance to a political
function expressly organized to support or oppose any ballot measure,
presents such a claim for allowance or for payment to any state
board or officer, or to any county, city, or district board or
officer authorized to allow or pay such claims is punishable either
by imprisonment in  the   a  county jail
for a period of not more than one year, by a fine of not exceeding
one thousand dollars ($1,000), or by both  such 
 that  imprisonment and fine, or by imprisonment in the
state prison, by a fine of  not exceeding ten
thousand dollars ($10,000), or by both  such  
that  imprisonment and fine. 
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 80.    Section 115.1 of the   Penal
Code   is amended to read: 
   115.1.  (a) The Legislature finds and declares that the voters of
California are entitled to accurate representations in materials that
are directed to them in efforts to influence how they vote.
   (b) No person shall publish or cause to be published, with intent
to deceive, any campaign advertisement containing a signature that
the person knows to be unauthorized.
   (c) For purposes of this section, "campaign advertisement" means
any communication directed to voters by means of a mass mailing as
defined in Section 82041.5 of the Government Code, a paid television,
radio, or newspaper advertisement, an outdoor advertisement, or any
other printed matter, if the expenditures for that communication are
required to be reported by Chapter 4 (commencing with Section 84100)
of Title 9 of the Government Code.
   (d) For purposes of this section, an authorization to use a
signature shall be oral or written.
   (e) Nothing in this section shall be construed to prohibit a
person from publishing or causing to be published a reproduction of
all or part of a document containing an actual or authorized
signature, provided that the signature so reproduced shall not, with
the intent to deceive, be incorporated into another document in a
manner that falsely suggests that the person whose signature is
reproduced has signed the other document.
   (f) Any knowing or willful violation of this section is a public
offense punishable by imprisonment in the state prison or in a county
jail, or by a fine not to exceed fifty thousand dollars ($50,000),
or by both that fine and imprisonment.
   (g) As used in this section, "signature" means either of the
following:
   (1) A handwritten or mechanical signature, or a copy thereof.
   (2) Any representation of a person's name, including, but not
limited to, a printed or typewritten representation, that serves the
same purpose as a handwritten or mechanical signature. 
   (h) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 81.    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 Public
Safety Commission, is punishable as provided in the applicable
sentencing rules  .
   SEC. 82.    Section 148.1 of the   Penal
Code   is amended to read: 
   148.1.  (a) Any person who reports to any peace officer listed in
Section 830.1 or 830.2, or subdivision (a) of Section 830.33,
employee of a fire department or fire service, district attorney,
newspaper, radio station, television station, deputy district
attorney, employees of the Department of Justice, employees of an
airline, employees of an airport, employees of a railroad or busline,
an employee of a telephone company, occupants of a building or a
news reporter in the employ of a newspaper or radio or television
station, that a bomb or other explosive has been or will be placed or
secreted in any public or private place, knowing that the report is
false, is guilty of a crime punishable by imprisonment in the state
prison, or imprisonment in  the   a  county
jail not to exceed one year.
   (b) Any person who reports to any other peace officer defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 that a
bomb or other explosive has been or will be placed or secreted in
any public or private place, knowing that the report is false, is
guilty of a crime punishable by imprisonment in the state prison or
in  the   a  county jail not to exceed one
year if (1) the false information is given while the peace officer is
engaged in the performance of his or her duties as a peace officer
and (2) the person providing the false information knows or should
have known that the person receiving the information is a peace
officer.
   (c) Any person who maliciously informs any other person that a
bomb or other explosive has been or will be placed or secreted in any
public or private place, knowing that the information is false, is
guilty of a crime punishable by imprisonment in the state prison, or
imprisonment in  the   a  county jail not
to exceed one year.
   (d) Any person who maliciously gives, mails, sends, or causes to
be sent any false or facsimile bomb to another person, or places,
causes to be placed, or maliciously possesses any false or facsimile
bomb, with the intent to cause another to fear for his or her
personal safety or the safety of others, is guilty of a crime
punishable by imprisonment in the state prison, or imprisonment in
 the   a  county jail not to exceed one
year. 
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 83.    Section 154 of the   Penal Code
  is amended to read: 
   154.  (a) Every debtor who fraudulently removes his or her
property or effects out of this state, or who fraudulently sells,
conveys, assigns or conceals his or her property with intent to
defraud, hinder or delay his or her creditors of their rights,
claims, or demands, is punishable by imprisonment in the county jail
not exceeding one year, or by fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
   (b) Where the property so removed, sold, conveyed, assigned, or
concealed consists of a stock in trade, or a part thereof, of a value
exceeding  one hundred dollars ($100)   two
hundred fifty dollars ($250)  , the offense shall be a felony
and punishable as such.
   SEC. 84.    Section 155 of the   Penal Code
  is amended to read: 
   155.  (a) Every person against whom an action is pending, or
against whom a judgment has been rendered for the recovery of any
personal property, who fraudulently conceals, sells, or disposes of
that property, with intent to hinder, delay, or defraud the person
bringing the action or recovering the judgment, or with such intent
removes that property beyond the limits of the county in which it may
be at the time of the commencement of the action or the rendering of
the judgment, is punishable by imprisonment in a county jail not
exceeding one year, or by fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
   (b) Where the property so concealed, sold, disposed of, or removed
consists of a stock in trade, or a part thereof, of a value
exceeding  one hundred dollars ($100)   two
hundred fifty dollars ($250)  , the offenses shall be a felony
and punishable as such.
   SEC. 85.    Section 182 of the   Penal Code
  is amended to read: 
   182.  (a) If two or more persons conspire:
   (1) To commit any crime.
   (2) Falsely and maliciously to indict another for any crime, or to
procure another to be charged or arrested for any crime.
   (3) Falsely to move or maintain any suit, action, or proceeding.
   (4) To cheat and defraud any person of any property, by any means
which are in themselves criminal, or to obtain money or property by
false pretenses or by false promises with fraudulent intent not to
perform those promises.
   (5) To commit any act injurious to the public health, to public
morals, or to pervert or obstruct justice, or the due administration
of the laws.
   (6) To commit any crime against the person of the President or
Vice President of the United States, the Governor of any state or
territory, any United States justice or judge, or the secretary of
any of the executive departments of the United States.
   They are punishable as follows:
   When they conspire to commit any crime against the person of any
official specified in paragraph (6), they are guilty of a felony and
are punishable by imprisonment in the state prison for five, seven,
or nine years.
   When they conspire to commit any other felony, they shall be
punishable in the same manner and to the same extent as is provided
for the punishment of that felony. If the felony is one for which
different punishments are prescribed for different degrees, the jury
or court which finds the defendant guilty thereof shall determine the
degree of the felony the defendant conspired to commit. If the
degree is not so determined, the punishment for conspiracy to commit
the felony shall be that prescribed for the lesser degree, except in
the case of conspiracy to commit murder, in which case the punishment
shall be that prescribed for murder in the first degree.
   If the felony is conspiracy to commit two or more felonies which
have different punishments and the commission of those felonies
constitute but one offense of conspiracy, the penalty shall be that
prescribed for the felony which has the greater maximum term.
   When they conspire to do an act described in paragraph (4), they
shall be punishable by imprisonment in the state prison, or by
imprisonment in  the   a  county jail for
not more than one year, or by a fine not exceeding ten thousand
dollars ($10,000), or by both that imprisonment and fine.
   When they conspire to do any of the other acts described in this
section, they shall be punishable by imprisonment in  the
  a  county jail for not more than one year, or in
the state prison, or by a fine not exceeding ten thousand dollars
($10,000), or by both that imprisonment and fine. When they receive a
felony conviction for conspiring to commit identity theft, as
defined in Section 530.5, the court may impose a fine of up to
twenty-five thousand dollars ($25,000).
   All cases of conspiracy may be prosecuted and tried in the
superior court of any county in which any overt act tending to effect
the conspiracy shall be done.
   (b) Upon a trial for conspiracy, in a case where an overt act is
necessary to constitute the offense, the defendant cannot be
convicted unless one or more overt acts are expressly alleged in the
indictment or information, nor unless one of the acts alleged is
proved; but other overt acts not alleged may be given in evidence.

   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 86.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 87.    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, or results in the loss
by another person or entity 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, or results in the loss by another person or entity 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, or results in the loss by another person or entity 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 affect 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.
   (l) 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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 88.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (e) 
    (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. 
   (f)
    (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. 

   (g) 
    (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. 89.    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 Public Safety Commission, a
person who violates a provision for which the punishment is
specified in this section shall be punished as provided in the
applicable sentencing rules. 
   SEC. 90.    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 Public Safety Commission, a
person who violates a provision for which the punishment is
specified in this section shall be punished as provided in the
applicable sentencing rules. 
   SEC. 91.    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 Public Safety
Commission, is punishable as provided in the applicable sentencing
rules  .
   SEC. 92.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 93.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 94.    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 Public Safety 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. 95.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 96.    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  such 
 that  person, or who poses as, or in any manner represents
himself to be a person who has aided or abetted  any such
  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  such   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 
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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   Nothing 
    (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  such 
 that person for a monetary consideration or other thing of
value.
   SEC. 97.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 98.    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 Public Safety Commission, a
person who violates a provision for which the punishment is
specified in this section shall be punished as provided in the
applicable sentencing rules. 
   SEC. 99.    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  such  
that  train, car or engine, of any personal property thereon in
the possession or care or under the control of any  such
  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  any such   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
 any such   a  train, car or engine, or
slacken the speed thereof, with the intention of robbing any
passenger or other person on  such   that 
train, car or engine, of any personal property thereon in the
possession or charge or under the control of  any such
  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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 100.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 101.    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 Public Safety 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. 102.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 103.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (d) 
    (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. 
   (e) 
    (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. 
   (f) 
    (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. 104.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 105.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (c) 
    (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. 106.    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  such   the  victim is
 such  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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 107.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (b) 
    (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. 

   (c) 
    (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. 108.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (b) 
    (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.

   (c) 
    (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. 109.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 110.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   For 
    (c)     For  purposes of this section,
"school employee" has the same meaning as defined in subdivision (d)
of Section 245.5. 
   This 
    (d)     This  section shall not apply
to conduct arising during the course of an otherwise lawful labor
dispute.
   SEC. 111.    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  such  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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 112.    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. 
    (b)     "Because
  imprison   ment. "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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 113.    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  
fiance  , or  fiancee   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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (f) 
    (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). 
   (g) 
    (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. 114.    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. 
    (b)     "Because
  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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 115.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (b) 
    (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. 
   (c) 
    (d)  This section shall not apply to conduct arising
during the course of an otherwise lawful labor dispute.
   SEC. 116.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 117.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 118.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (b) 
    (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.


     (c) 
    (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. 119.   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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 120.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   For 
    (c)     For  purposes of this section,
"school employee" has the same meaning as defined in subdivision (d)
of Section 245.5. 
   This 
    (d)     This  section shall not apply
to conduct arising during the course of an otherwise lawful labor
dispute.
   SEC. 121.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 122.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (b) 
    (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. 123.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   (b) 
    (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. 
   (c) 
    (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. 
   (d) 
    (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. 
   (e) 
    (f)  Nothing in this section shall preclude prosecution
under both this section and any other provision of law.
   SEC. 124.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   As 
    (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. 125.    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 less lethal weapon, as defined in Section 12601, 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 less lethal weapon, as defined in Section 12601,
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 less lethal weapon, as
defined in Section 12601, 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) This section shall not be construed to preclude or in any way
limit the applicability of Section 245 in any criminal prosecution.

   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 126.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (e) 
    (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.

   (f) 
    (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. 127.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 128.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   When 
    (c)     When  a person is convicted of
a violation of this section in a case involving use of a deadly
weapon or instrument, and  such   tha  
t  weapon or instrument is owned by  such 
 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. 129.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (d) 
    (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. 130.    Section 245.6 of the   Penal
Code   is amended to read: 
   245.6.  (a) It  shall be   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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (e) 
    (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. 
    (f) 
    (g)  Prosecution under this section shall not prohibit
prosecution under any other provision of law.
   SEC. 131.    Section 246 of the   Penal Code
  is amended to read: 
   246.   (a)    Any person who  shall
 maliciously and willfully  discharge  
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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   As 
    (c)     As  used in this section,
"inhabited" means currently being used for dwelling purposes, whether
occupied or not.
   SEC. 132.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (c) 
    (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. 133.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   As 
    (d)     As  used in this section and
Section 246 "aircraft" means any contrivance intended for and capable
of transporting persons through the airspace.
   SEC. 134.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   As 
    (c)     As  used in this section,
"aircraft" means any contrivance intended for and capable of
transporting persons through the airspace. 
   As 
    (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. 135.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (e) 
    (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. 136.    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 Public Safety Commission, a
person who violates this section, or a section for which the
punishment is specified in this section, shall be punished as
provided in the applicable sentencing rules. 
   SEC. 137.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 138.    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
 such   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,  is punishable   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  such
  that  fine and imprisonment. 
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 139.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 140.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 141.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   As 
    (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. 142.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 143.    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  such   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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 144.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 145.    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  ; and in
all prosecutions under   . 
    (b)     Alternatively, on or after the
operative date of an applicable rule or rules proposed by the
California Public Safety 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. 146.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 147.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 148.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 149.    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 Public Safety Commission,
the court may impose a fine as provided in the applicable sentencing
rules.
   SEC. 150.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 151.    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 Public Safety 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. 152.    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
 such   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  such  
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  such
  that  fine and imprisonment.  This
statute 
    (b)     Altern   atively, on or
after the operative date of an applicable rule or rules proposed by
the California Public Safety 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  such   a
 parent from the criminal liability  defined herein for
such   imposed by this section for that  omission
merely because the other parent of  such   the
 child is legally entitled to the custody of  such
  the  child nor because the other parent of
 such   the  child or any other person or
organization voluntarily or involuntarily furnishes  such
 necessary food, clothing, shelter or medical attendance
 ,  or other remedial care for  such  
the  child  ,  or  undertakes  
attempts  to do so. 
   Proof 
    (d)     Proof  of abandonment or
desertion of a child by  such   a  parent,
or the omission by such   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
 such   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. 
   The 
    (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. 
   The 
    (f)     The  provisions of this
section are applicable whether the parents of  such 
 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. 
   The 
    (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. 
   If 
    (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", 
 care,"  as used in this section.
   SEC. 153.    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  any such
  such a  child has been confided for nurture, or
education, who deserts  such   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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 154.    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 
such   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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 155.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (4) 
    (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. 
   (5) 
    (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. 156.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 157.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 158.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 159.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (b) 
    (c)    "Female genital mutilation" means the
excision or infibulation of the labia majora, labia minora, clitoris,
or vulva, performed for nonmedical purposes. 
   (c) 
    (d)  Nothing in this section shall preclude prosecution
under Section 203, 205, or 206 or any other provision of law.
   SEC. 160.    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) Upon conviction under subdivision (a), the sentencing court
shall also consider issuing an order restraining the defendant from
any contact with the victim, which 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. This
protective order may be issued by the court whether the defendant is
sentenced to state prison, county jail, or if imposition of sentence
is suspended and the defendant is placed on probation. 
   (j) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 161.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 162.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 163.    Section 278 of the  Penal Code
  is amended to read: 
   278.   (a)    Every person  , not having
  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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 164.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (b) 
    (c)    Nothing contained in this section limits
the court's contempt power. 
   (c) 
    (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. 165.    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 Public Safety Commission,
as provided in the applicable sentencing rules. 
   SEC. 166.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 167.    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.
   (l) 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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 168.    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 Public Safety Commission, shall be punished as provided in
the applicable sentencing rules  .
   SEC. 169.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (d) 
    (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. 
   (e) 
    (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.

   (f) 
    (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. 
   (g) 
    (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). 
   (h) 
    (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. 170.    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. 
   (l) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (l) 
    (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. 
   (m) 
    (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. 171.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (c) 
    (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. 
   (d) 
    (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. 
   (e) 
    (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. 172.    Section 288.4 of the   Penal
Code   is amended to read: 
   288.4.  (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 subdivision (c) 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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (c) 
    (d)  Nothing in this section shall preclude or prohibit
prosecution under any other provision of law.
   SEC. 173.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 174.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 175.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (k) 
    (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. 
   (m) 
    (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. 176.    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 subdivision (c) 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 subdivision (c) 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 subdivision (c) 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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 177.    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  a department, board, or authority
under the Youth and Adult Correctional Agency   the
Department of Corrections and Rehabilitation  or a facility
under contract with  a department, board, or authority under
the Youth and Adult Correctional Agency   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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (j) 
    (k)    Anyone who is convicted of a felony
violation of this section who is employed by a department, board, or
authority within the  Youth and Adult Correctional Agency
  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  a department, board,
or authority within the Youth and Adult Correctional Agency 
 the department  .
   SEC. 178.    Section 311.1 o   f 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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (b) 
    (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. 
   (c) 
    (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. 
   (d) 
    (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. 179.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (e) 
    (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. 
   (f) 
    (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. 
   (g) 
    (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. 180.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (e) 
    (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. 
   (f) 
    (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. 181.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (d) 
    (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. 
   (e) 
    (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. 
   (f) 
    (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. 182.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 183.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 184.    Section 311.7 of the   Penal
Code   is amended t   o 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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 185.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 186.    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 
such   that  fine and imprisonment. 
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (b) 
    (c)    Subdivision (a) shall not apply to the
activities of law enforcement and prosecution agencies in the
investigation and prosecution of criminal offenses.
   SEC. 187.    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 requiring registration under the Sex Offender Registration
Act, 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 Public Safety 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.  
   (d) 
    (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. 188.    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  of this
code , 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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 189.    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. 
    (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  ; or, 
 .  
   2. 
    (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  , is guilty
of a misdemeanor  . 
   Every 
    (b)     Every  person who violates
 subdivision 1 of this section   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. 
   Upon 
    (c)     Upon  the second and each
subsequent conviction under  subdivision 1 of this section,
or upon a first conviction under subdivision 1 of this section
  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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 190.    Section 327 of the   Penal Code
  is amended to read: 
   327.   (a)    Every person who contrives,
prepares, sets up, proposes, or operates any endless chain is guilty
of a public offense, and is punishable by imprisonment in 
the   a  county jail not exceeding one year or in
state prison for 16 months, two, or three years.
   As used in this section, an "endless chain" means any scheme for
the disposal or distribution of property whereby a participant pays a
valuable consideration for the chance to receive compensation for
introducing one or more additional persons into participation in the
scheme or for the chance to receive compensation when a person
introduced by the participant introduces a new participant.
Compensation, as used in this section, does not mean or include
payment based upon sales made to persons who are not participants in
the scheme and who are not purchasing in order to participate in the
scheme. 
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 191.    Section 337.4 of the   Penal
Code  is   amended to read: 
   337.4.  Any person who in the commission of touting obtains money
in excess of  four hundred dollars ($400)  
twenty-five hundred dollars ($2,500)  may, in addition to being
prosecuted for the violation of any provision of this chapter, be
prosecuted for the violation of Section 487 of this code.
   SEC. 192.    Section 350 of the   Penal Code
  i   s amended to read: 
   350.  (a) Any person who willfully manufactures, intentionally
sells, or knowingly possesses for sale any counterfeit mark
registered with the Secretary of State or registered on the Principal
Register of the United States Patent and Trademark Office, shall,
upon conviction, be punishable as follows:
   (1) When the offense involves less than 1,000 of the articles
described in this subdivision, with a total retail or fair market
value less than that required for grand theft as defined in Section
487, and if the person is an individual, he or she shall be punished
by a fine of not more than five thousand dollars ($5,000), or by
imprisonment in a county jail for not more than one year, or by both
that fine and imprisonment; or, if the person is a business entity,
by a fine of not more than one hundred thousand dollars ($100,000).
   (2) When the offense involves 1,000 or more of the articles
described in this subdivision, or has a total retail or fair market
value equal to or greater than that required for grand theft as
defined in Section 487, and if the person is an individual, he or she
shall be punished by imprisonment in a county jail not to exceed one
year, or in the state prison for 16 months, or two or three years,
or by a fine not to exceed two hundred fifty thousand dollars
($250,000), or by both that imprisonment and fine; or, if the person
is a business entity, by a fine not to exceed five hundred thousand
dollars ($500,000).
   (b) Any person who has been convicted of a violation of either
paragraph (1) or (2) of subdivision (a) shall, upon a subsequent
conviction of paragraph (1) of subdivision (a), if the person is an
individual, be punished by a fine of not more than fifty thousand
dollars ($50,000), or by imprisonment in a county jail for not more
than one year, or in the state prison for 16 months, or two or three
years, or by both that fine and imprisonment; or, if the person is a
business entity, by a fine of not more than two hundred thousand
dollars ($200,000).
   (c) Any person who has been convicted of a violation of
subdivision (a) and who, by virtue of the conduct that was the basis
of the conviction, has directly and foreseeably caused death or great
bodily injury to another through reliance on the counterfeited item
for its intended purpose shall, if the person is an individual, be
punished by a fine of not more than fifty thousand dollars ($50,000),
or by imprisonment in the state prison for two, three, or four
years, or by both that fine and imprisonment; or, if the person is a
business entity, by a fine of not more than two hundred thousand
dollars ($200,000).
   (d) In any action brought under this section resulting in a
conviction or a plea of nolo contendere, the court shall order the
forfeiture and destruction of all of those marks and of all goods,
articles, or other matter bearing the marks, and the forfeiture and
destruction or other disposition of all means of making the marks,
and any and all electrical, mechanical, or other devices for
manufacturing, reproducing, transporting, or assembling these marks,
that were used in connection with, or were part of, any violation of
this section. Forfeiture of the proceeds of the crime shall be
subject to Chapter 9 (commencing with Section 186) of Title 7 of Part
1. However, no vehicle shall be forfeited under this section that
may be lawfully driven on the highway with a class 3 or 4 license, as
prescribed in Section 12804 of the Vehicle Code, and that is any of
the following:
   (1) A community property asset of a person other than the
defendant.
   (2) The sole class 3 or 4 vehicle available to the immediate
family of that person or of the defendant.
   (3)  Reasonably necessary to be retained by the defendant for the
purpose of lawfully earning a living, or for any other reasonable and
lawful purpose.
   (e) For the purposes of this section, the following definitions
shall apply:
   (1) 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 number of "articles" shall be equivalent to the number
of completed computer software packages that could have been made
from those components.
   (2) "Business entity" includes, but is not limited to, a
corporation, limited liability company, or partnership. "Business
entity" does not include a sole proprietorship.
   (3) "Counterfeit mark" means a spurious mark that is identical
with, or confusingly similar to, a registered mark and is used, or
intended to be used, on or in connection with the same type of goods
or services for which the genuine mark is registered. It is not
necessary for the mark to be displayed on the outside of an article
for there to be a violation. For articles containing digitally stored
information, it shall be sufficient to constitute a violation if the
counterfeit mark appears on a video display when the information is
retrieved from the article. The term "spurious mark" includes genuine
marks used on or in connection with spurious articles and includes
identical articles containing identical marks, where the goods or
marks were reproduced without authorization of, or in excess of any
authorization granted by, the registrant. When counterfeited but
unassembled components of any articles described under subdivision
(a) are recovered, including, but not limited to, labels, patches,
fabric, stickers, wrappers, badges, emblems, medallions, charms,
boxes, containers, cans, cases, hangtags, documentation, or
packaging, or any other components of any type or nature that are
designed, marketed, or otherwise intended to be used on or in
connection with any articles described under subdivision (a), the
number of "articles" shall be equivalent to the number of completed
articles that could have been made from those components.
   (4) "Knowingly possess" means that the person possessing an
article knew or had reason to believe that it was spurious, or that
it was used on or in connection with spurious articles, or that it
was reproduced without authorization of, or in excess of any
authorization granted by, the registrant.
   (5) Notwithstanding Section 7, "person" includes, but is not
limited to, a business entity.
   (6) "Registrant" means any person to whom the registration of a
mark is issued and that person's legal representatives, successors,
or assigns.
   (7) "Sale" includes resale.
   (8) "Value" has the following meanings:
   (A) When counterfeit items of computer software are manufactured
or possessed for sale, the "value" of those items shall be equivalent
to the retail price or fair market price of the true items that are
counterfeited.
   (B) When counterfeited but unassembled components of computer
software packages or any other articles described under subdivision
(a) are recovered, including, but not limited to, counterfeited
digital disks, instruction manuals, licensing envelopes, labels,
patches, fabric, stickers, wrappers, badges, emblems, medallions,
charms, boxes, containers, cans, cases, hangtags, documentation, or
packaging, or any other components of any type or nature that are
designed, marketed, or otherwise intended to be used on or in
connection with any articles described under subdivision (a), the
"value" of those components shall be equivalent to the retail price
or fair market value of the number of completed computer software
packages or other completed articles described under subdivision (a)
that could have been made from those components.
   (C) "Retail or fair market value" of a counterfeit article means a
value equivalent to the retail price or fair market value, as of the
last day of the charged crime, of a completed similar genuine
article containing a genuine mark.
   (f) This section shall not be enforced against any party who has
adopted and lawfully used the same or confusingly similar mark in the
rendition of like services or the manufacture or sale of like goods
in this state from a date prior to the earliest effective date of
registration of the service mark or trademark either with the
Secretary of State or on the Principle Register of the United States
Patent and Trademark Office.
   (g) An owner, officer, employee, or agent who provides, rents,
leases, licenses, or sells real property upon which a violation of
subdivision (a) occurs shall not be subject to a criminal penalty
pursuant to this section, unless he or she sells, or possesses for
sale, articles bearing a counterfeit mark in violation of this
section. This subdivision shall not be construed to abrogate or limit
any civil rights or remedies for a trademark violation.
   (h) This section shall not be enforced against any party who
engages in fair uses of a mark, as specified in Section 14247 of the
Business and Professions Code.
   (i) When a person is convicted of an offense under this section,
the court shall order the person to pay restitution to the trademark
owner and any other victim of the offense pursuant to Section 1202.4.

   (j) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 193.    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)  
nine hundred and fifty dollars ($950)  ; 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)   nine hundred and fifty dollars ($950)
 .
   (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)   nine hundred and fifty
dollars ($950)  , 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) 
 nine hundred and fifty dollars ($950)  .
   (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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (g) 
    (h)    As used in this section, "elder" means
any person who is 65 years of age or older. 
   (h) 
    (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. 
   (i) 
    (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. 
   (j) 
    (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. 
   (k) 
    (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. 194.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (b) 
    (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. 
   (c) 
    (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. 
   (d) 
    (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. 195.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 196.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 197.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   For 
    (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. 
   "Electronic 
    (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. 198.    Section 422.7 of the   Penal
Code   is amended to read: 
   422.7.  Except in the case of a person punished under Section
422.6, any hate crime that is not made punishable by imprisonment in
the state prison shall be punishable by imprisonment in the state
prison or in a county jail not to exceed one year, by a fine not to
exceed ten thousand dollars ($10,000), or by both that imprisonment
and fine, if the crime is committed against the person or property of
another for the purpose of intimidating or interfering with that
other person's free exercise or enjoyment of any right secured to him
or her by the Constitution or laws of this state or by the
Constitution or laws of the United States under any of the following
circumstances, which shall be charged in the accusatory pleading:
   (a) The crime against the person of another either includes the
present ability to commit a violent injury or causes actual physical
injury.
   (b) The crime against property causes damage in excess of 
four hundred dollars ($400)   nine hundred fifty
dollars ($950)  .
   (c) The person charged with a crime under this section has been
convicted previously of a violation of subdivision (a) or (b) of
Section 422.6, or has been convicted previously of a conspiracy to
commit a crime described in subdivision (a) or (b) of Section 422.6.
   SEC. 199.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 200.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 201.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 202.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 203.   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  such  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  such  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  such
  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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 204.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 205.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (b) 
    (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. 
   (c) 
    (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. 206.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 207.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   The 
    (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  , for the purposes of this
act  constitute an attempt to burn  such 
 that  structure, forest land or property  , for
purposes of this section  .
   SEC. 208.    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 Public Safety Commission,
the court may impose a fine as provided in the applicable sentencing
rules. 
   SEC. 209.    Section 461 of the   Penal Code
  is amended to read: 
   461.  (a)     Burglary  
Except as specified in subdivision (b), burglary  is punishable
as follows: 
   1. 
    (1)  Burglary in the first degree: by imprisonment in
the state prison for two, four, or six years. 
   2. 
    (2)   (A)  Burglary in the second degree: by
imprisonment in the county jail not exceeding one year or in the
state prison. 
   (b) When a second degree burglary occurs at a commercial
establishment during hours the establishment is open to the public,
and it is not proven that the burglar had the intent to commit a
grand theft or a felony unrelated to theft at the time of entry, then
the burglary is punishable by imprisonment in a county jail for a
period not to exceed six months.  
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission,
burglary shall be punished as provided in the applicable sentencing
rules. 
   SEC. 210.    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 Public Safety Commission, a
person who is convicted of a burglary as specified in subdivision
(a) shall be punished as provided in the applicable sentencing rules.

   SEC. 211.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 212.    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, 
except as provided in subdivision (b) 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,  or commits a burglary punishable pursuant to
subdivision (b) 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 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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (d) 
    (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. 213.    Section 470a of the  Penal Code
  is amended to read: 
   470a.   (a)    Every person who alters,
falsifies, forges, duplicates or in any manner reproduces or
counterfeits any driver's license or identification card issued by a
governmental agency with the intent that  such  
the  driver's license or identification card be used to
facilitate the commission of any forgery, is punishable by
imprisonment in the state prison, or by imprisonment in  the
  a  county jail for not more than one year. 
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 214.    Section 470b of the   Penal
Code   is amended to read: 
   470b.   (a)    Every person who displays or
causes or permits to be displayed or has in his possession any driver'
s license or identification card of the type enumerated in Section
470a with the intent that  such   the 
driver's license or identification card be used to facilitate the
commission of any forgery, is punishable by imprisonment in the state
prison, or by imprisonment in  the   a 
county jail for not more than one year. 
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 215.    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   a  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 Public
Safety Commission, is punishable as provided in the applicable
sentencing rules  .
   SEC. 216.    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  any such   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,  any such
  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
  a  county jail not exceeding one year, or by fine
not exceeding ten thousand dollars ($10,000), or by both 
such   that  fine and imprisonment. 
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 217.    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  such   that  making,
drawing, uttering, or delivering that the maker or drawer or the
corporation has not sufficient funds in, or credit with  said
  the  bank or depositary, or person, or firm, or
corporation, for the payment of  such   that
 check, draft, or order and all other checks, drafts, or orders
upon  such  funds then outstanding, in full upon its
presentation, although no express representation is made with
reference thereto, is punishable by imprisonment in  the
  a  county jail for not more than one year
 , or in the state prison  . 
   (b) However, if the total amount of all such 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, except that this subdivision shall not be
applicable 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 in a case in which defendant's offense was a
violation also 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 so 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) 
    (b)  Where  such   the  check,
draft, or order is protested on the ground of insufficiency of funds
or credit, the notice of protest  thereof  shall be
admissible as proof of presentation, nonpayment and protest and
shall be presumptive evidence of knowledge of insufficiency of funds
or credit with  such   the  bank or
depositary, or person, or firm, or corporation. 
   (d) 
    (c)  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)  At the time of the acceptance of such  
When the payee accepts the  check, draft or order from the
drawer  by the payee there is obtained   , 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.  Such   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
 ; and   . 
   (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) 
    (d)  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) 
    (e)  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)  
   (f) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (h) 
    (g)    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. 218.    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 Public Safety Commission, is punishable as provided in the
applicable sent   encing rules  .
   SEC. 219.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 220.    Section 481 of the   Penal Code
  is amended to read: 
   481.   (a)    Every person who counterfeits,
forges, or alters any ticket, check, order, coupon, receipt for fare,
or pass, issued by any railroad or steamship company, or by any
lessee or manager thereof, designed to entitle the holder to ride in
the cars or vessels of such company, or who utters, publishes, or
puts into circulation, any such counterfeit or altered ticket, check,
or order, coupon, receipt for fare, or pass, with intent to defraud
any such railroad or steamship company, or any lessee thereof, or any
other person, is punishable by imprisonment in the state prison, or
in  the   a  county jail  ,
 not exceeding one year, or by  a  fine not
exceeding one thousand dollars, or by both  such 
 that  imprisonment and fine. 
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 221.    Section 481.1 of the   Penal
Code   is amended to read: 
   481.1.  (a) Every person who counterfeits, forges, or alters any
fare media designed to entitle the holder to a ride on vehicles of a
public transportation system, as defined by Section 99211 of the
Public Utilities Code, or on vehicles operated by entities subsidized
by the Department of Transportation is punishable by imprisonment in
a county jail  ,  not exceeding one year, or in the
state prison.
   (b) Every person who knowingly possesses any counterfeit, forged,
or altered fare media designed to entitle the holder to a ride on
vehicles of a public transportation system, as defined by Section
99211 of the Public Utilities Code, or on vehicles operated by
entities subsidized by the Department of Transportation, or who
utters, publishes, or puts into circulation any fare media with
intent to defraud is punishable by imprisonment in a county jail not
exceeding one year, or by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine. 
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 222.    Section 483.5 of the   Penal
Code   is amended to read: 
   483.5.  (a) No deceptive identification document shall be
manufactured, sold, offered for sale, furnished, offered to be
furnished, transported, offered to be transported, or imported or
offered to be imported into this state unless there is diagonally
across the face of the document, in not less than 14-point type and
printed conspicuously on the document in permanent ink, the following
statement:

       NOT A GOVERNMENT DOCUMENT

   and, also printed conspicuously on the document, the name of the
manufacturer.
   (b) No document-making device may be possessed with the intent
that the device will be used to manufacture, alter, or authenticate a
deceptive identification document.
   (c) As used in this section, "deceptive identification document"
means any document not issued by a governmental agency of this state,
another state, the federal government, a foreign government, a
political subdivision of a foreign government, an international
government, or an international quasi-governmental organization,
which purports to be, or which might deceive an ordinary reasonable
person into believing that it is, a document issued by such an
agency, including, but not limited to, a driver's license,
identification card, birth certificate, passport, or social security
card.
   (d) As used in this section, "document-making device" includes,
but is not limited to, an implement, tool, equipment, impression,
laminate, card, template, computer file, computer disk, electronic
device, hologram, laminate machine or computer hardware or software.
   (e) Any person who violates or proposes to violate this section
may be enjoined by any court of competent jurisdiction. Actions for
injunction under this section may be prosecuted by the Attorney
General, any district attorney, or any city attorney prosecuting on
behalf of the people of the State of California under Section 41803.5
of the Government Code in this state in the name of the people of
the State of California upon their own complaint or upon the
complaint of any person.
   (f) Any person who violates the provisions of subdivision (a) who
knows or reasonably should know that the deceptive identification
document will be used for fraudulent purposes is guilty of a crime,
and upon conviction therefor, shall be punished by imprisonment in
 the   a  county jail not to exceed one
year, or by imprisonment in the state prison. Any person who violates
the provisions of subdivision (b) is guilty of a misdemeanor
punishable by imprisonment in a county jail not exceeding one year,
or by a fine not exceeding one thousand dollars ($1,000), or by both
imprisonment and a fine. Any document-making device may be seized by
law enforcement and shall be forfeited to law enforcement or
destroyed by order of the court upon a finding that the device was
intended to be used to manufacture, alter, or authenticate a
deceptive identification document. The court may make such a finding
in the absence of a defendant for whom a bench warrant has been
issued by the court. 
   (g) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 223.    Section 484b of the   Penal
Code   is amended to read: 
   484b.   (a)    Any person who receives money for
the purpose of obtaining or paying for services, labor, materials or
equipment and willfully fails to apply such money for such purpose
by either willfully failing to complete the improvements for which
funds were provided or willfully failing to pay for services, labor,
materials or equipment provided incident to such construction, and
wrongfully diverts the funds to a use other than that for which the
funds were received, shall be guilty of a public offense and shall be
punishable by a fine not exceeding ten thousand dollars ($10,000),
or by imprisonment in the state prison, or in  the 
 a  county jail not exceeding one year, or by both 
such   t   hat  fine and  such
  that  imprisonment if the amount diverted is in
excess of  one thousand dollars ($1,000)   two
thousand three hundred and fifty dollars ($2,350)  . If the
amount diverted is less than  one thousand dollars ($1,000)
  or equal to two thousand three hundred and fifty
dollars ($2,350)  , the person shall be guilty of a misdemeanor.

   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 224.    Section 484g of the   Penal
Code   is amended to read: 
   484g.  Every person who, with the intent to defraud, (a) uses, for
the purpose of obtaining money, goods, services, or anything else of
value, an access card or access card account information that has
been altered, obtained, or retained in violation of Section 484e or
484f, or an access card which he or she knows is forged, expired, or
revoked, or (b) obtains money, goods, services, or anything else of
value by representing without the consent of the cardholder that he
or she is the holder of an access card and the card has not in fact
been issued, is guilty of theft. If the value of all money, goods,
services, and other things of value obtained in violation of this
section exceeds  four hundred dollars ($400)  
nine hundred fifty dollars ($950)  in any consecutive six-month
period, then the same shall constitute grand theft.
   SEC. 225.    Section 484h of the   Penal
Code   is amended to read: 
   484h.  Every retailer or other person who, with intent to defraud:

   (a) Furnishes money, goods, services or anything else of value
upon presentation of an access card obtained or retained in violation
of Section 484e or an access card which he or she knows is a
counterfeit access card or is forged, expired, or revoked, and who
receives any payment therefor, is guilty of theft. If the payment
received by the retailer or other person for all money, goods,
services, and other things of value furnished in violation of this
section exceeds  four hundred dollars ($400)  
nine   hundred fifty dollars ($950)  in any consecutive
six-month period, then the same shall constitute grand theft.
   (b) Presents for payment a sales slip or other evidence of an
access card transaction, and receives payment therefor, without
furnishing in the transaction money, goods, services, or anything
else of value that is equal in value to the amount of the sales slip
or other evidence of an access card transaction, is guilty of theft.
If the difference between the value of all money, goods, services,
and anything else of value actually furnished and the payment or
payments received by the retailer or other person therefor upon
presentation of a sales slip or other evidence of an access card
transaction exceeds  four hundred dollars ($400) 
 nine hundred fifty dollars ($950)  in any consecutive
six-month period, then the same shall constitute grand theft.
   SEC. 226.    Section 484i of the   Penal
Code   is amended to read: 
   484i.  (a) Every person who possesses an incomplete access card,
with intent to complete it without the consent of the issuer, is
guilty of a misdemeanor.
   (b) Every person who, with the intent to defraud, makes, alters,
varies, changes, or modifies access card account information on any
part of an access card, including information encoded in a magnetic
stripe or other medium on the access card not directly readable by
the human eye, or who authorizes or consents to alteration, variance,
change, or modification of access card account information by
another, in a manner that causes transactions initiated by that
access card to be charged or billed to a person other than the
cardholder to whom the access card was issued, is guilty of forgery.
   (c) Every person who designs, makes, possesses, or traffics in
card making equipment or incomplete access cards with the intent that
the equipment or cards be used to make counterfeit access cards, is
punishable by imprisonment in a county jail for not more than one
year, or by imprisonment in the state prison. 
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 227.    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) 
 two thousand five hundred dollars ($2,500)  , 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)   two thousand five hundred dollars ($2,500)
 .
   (B) For the purposes of establishing that the value of avocados or
citrus fruit under this paragraph exceeds  one hundred
dollars ($100)   two thousand five hundred dollars
($2,500) , 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)   two thousand five
hundred dollars ($2,500)  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)   two thousand five
hundred dollars ($2,500)  .
   (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)
  two thousand five hundred dollars ($2,500)  or
more in any 12 consecutive month period. 
   (4) When an automobile, horse, mare, gelding, any bovine animal,
any caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar,
gilt, barrow, or pig is taken and has a value exceeding two thousand
five hundred dollars ($2,500). 
   (c) When the property is taken from the person of another  and
has a value exceeding two thousand five hundred dollars ($2,500)
 .
   (d) When the property taken is  any of the following:
  a firearm.  
   (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) This section shall become operative on January 1, 1997.
                                                            SEC.
228.    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) 
 two hundred and fifty dollars ($250)  or more into personal
property by severance from the realty of another, and with felonious
intent to do so, steals, takes, and carries away  such
  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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 229.    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)
  two hundred fifty dollars ($250)  into personal
property by severance from the realty of another, and with felonious
intent to do so steals, takes, and carries away  such
  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  such   that  fine and imprisonment.

   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 230.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 231.    Section 487e of the   Penal
Code   is amended to read: 
   487e.  Every person who feloniously steals, takes, or carries away
a dog of another which is of a value exceeding  four hundred
dollars ($400)   nine hundred fifty dollars ($950)
 is guilty of grand theft.
   SEC. 232.    Section 487f of the   Penal
Code   is amended to read:
   487f.  Every person who feloniously steals, takes, or carries away
a dog of another which is of a value not exceeding  four
hundred dollars ($400)   nine hundred fifty dollars
($950)  is guilty of petty theft.
   SEC. 233.   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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 234.    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)   nine hundred fifty dollars
($950)  , except as provided in Sections 487, 487a, and 487d,
is guilty of grand theft.
   (b)  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.
   (c)  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. 235.    Section 488 of the   Penal Code
  is amended to read: 
   488.  Theft in other cases is petty theft  , unless the
California Public Safety Commission adopts a sentencing rule that
provides otherwise, in which case theft shall be punished as provided
in the proposed applicable sentencing rule, on or after the
operative date of that rule  .
   SEC. 236.    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 Public Safety Commission,
grand theft shall be punished as provided in the applicable
sentencing rules. 
   SEC. 237.    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 Public
Safety Commission, petty theft shall be punished as provided in the
applicable sentencing rules  .
   SEC. 238.    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. 
   A 
    (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 Public Safety Commission,
petty theft may be charged and shall be punished as provided in the
applicable sentencing rules. 
   SEC. 239.    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  such  violation; and may also be punished by
imprisonment in the county jail, not exceeding six months, or both
 such   that  fine and imprisonment. 
   (2) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety 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 
such   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,
 provided that in no event shall any such person 
 however, no person shall  be required to perform less than
the number of hours of  such  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  ; provided, however, that   . 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  such   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  a  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.
 Should   If  the person detained 
refuse   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  shall have   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. 240.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (f) 
    (g)    This section shall not be construed to
repeal, modify, or weaken any existing legal prohibitions against the
taking of private property. 
   (g) 
    (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. 241.    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)   nine hundred
fifty dollars ($950)  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)   nine hundred fifty dollars
($950)  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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 242.   Section 496a of the   Penal Code
  is amended to read: 
   496a.  (a) Every person who, being a dealer in or collector of
junk, metals or secondhand materials, or the agent, employee, or
representative of  such   that  dealer or
collector, buys or receives any wire, cable, copper, lead, solder,
mercury, iron or brass which he  or she  knows or reasonably
should know is ordinarily used by or ordinarily belongs to a
railroad or other transportation, telephone, telegraph, gas, water or
electric light company or county, city, city and county or other
political subdivision of this state engaged in furnishing public
utility service without using due diligence to ascertain that the
person selling or delivering the same has a legal right to do so, is
guilty of criminally receiving such property, and is punishable
 ,  by imprisonment in a state prison, or in a
county jail for not more than one
            year, or by a fine of not more than two hundred fifty
dollars ($250), or by both  such   that 
fine and imprisonment.
   (b) Any person buying or receiving material pursuant to
subdivision (a) shall obtain evidence of his  or her 
identity from the seller including, but not limited to, such person's
full name, signature, address, driver's license number, vehicle
license number, and the license number of the vehicle delivering the
material.
   The record of the transaction shall include an appropriate
description of the material purchased and  such 
 the  record shall be maintained pursuant to Section 21607
of the Business and Professions Code. 
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 243.    Section 496d of the   Penal
Code   is amended to read: 
   496d.  (a) Every person who buys or receives any 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,
that has been stolen or that has been obtained in any manner
constituting theft or extortion, knowing the property to be stolen or
obtained, or who conceals, sells, withholds, or aids in concealing,
selling, or withholding any motor vehicle, trailer, special
construction equipment, or vessel from the owner, knowing the
property to be so stolen or obtained, shall be punished by
imprisonment in the state prison for 16 months or two or three years
or a fine of not more than ten thousand dollars ($10,000), or both,
or by imprisonment in a county jail not to exceed one year or a fine
of not more than one thousand dollars ($1,000), or both.
   (b) For the purposes of this section, the terms "special
construction equipment" and "vessel" are limited to motorized
vehicles and vessels. 
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 244.    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  whatsoever  .
   (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)
  nine hundred fifty dollars ($950)  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   a  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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (e) 
    (f)    This section shall not be construed to
preclude the applicability of any other provision of the criminal law
of this state.
   SEC. 245.    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   a  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   a  county jail for not more than one year or
in the state prison for 16 months, two, or three years.
   (c)  This section shall become operative on January 1,
1997.   Alternatively,   on or after the
operative date of an applicable rule or rules proposed by the
California Public Safety Commission, a person who violates this
section shall be punished as provided in the applicable sentencing
rules. 
   SEC. 246.    Section 499b of the   Penal
Code   is amended to read: 
   499b.  (a) Any person who  shall  , without the
permission of the owner thereof,  take   takes
 any bicycle for the purpose of temporarily using or operating
the same, is guilty of a misdemeanor, and shall be 
punishable   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  shall  , without the
permission of the owner thereof,  take   takes
 any vessel for the purpose of temporarily using or operating
the same, is guilty of a misdemeanor, and shall be 
punishable   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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.
   SEC. 247.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (d) 
    (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. 248.    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  such
  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  such   that  fine and
imprisonment. 
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 249.    Section 500 of the   Penal Code
  is amended to read: 
   500.  (a) Any person who receives money for the actual or
purported purpose of transmitting the same or its equivalent to
foreign countries as specified in Section 1800.5 of the Financial
Code who fails to do at least one of the following acts unless
otherwise instructed by the customer is guilty of a misdemeanor or
felony as set forth in subdivision (b):
   (1) Forward the money as represented to the customer within 10
days of receipt of the funds.
   (2) Give instructions within 10 days of receipt of the customer's
funds, committing equivalent funds to the person designated by the
customer.
   (3) Refund to the customer any money not forwarded as represented
within 10 days of the customer's written request for a refund
pursuant to subdivision (a) of Section 1810.5 of the Financial Code.
   (b) (1) If the total value of the funds received from the customer
is less than  four hundred dollars ($400)  
nine hundred fifty dollars ($950)  , the offense set forth in
subdivision (a) is punishable by imprisonment in  the
  a  county jail not exceeding one year or by a
fine not exceeding one thousand dollars ($1,000), or by both 
that  imprisonment and fine.
   (2) If the total value of the money received from the customer is
 four hundred dollars ($400)   nine hundred
fifty dollars ($950)  or more, or if the total value of all
moneys received by the person from different customers is 
four hundred dollars ($400),   nine hundred fifty
dollars ($950)  or more  ,  and the receipts were part
of a common scheme or plan, the offense set forth in subdivision (a)
is punishable by imprisonment in the state prison for 16 months, 2,
or 3 years, by a fine not exceeding ten thousand dollars ($10,000),
or by both  that  imprisonment and fine. 
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 250.   Section 502 of the   Penal Code
  is amended to read: 
   502.  (a) It is the intent of the Legislature in enacting this
section to expand the degree of protection afforded to individuals,
businesses, and governmental agencies from tampering, interference,
damage, and unauthorized access to lawfully created computer data and
computer systems. The Legislature finds and declares that the
proliferation of computer technology has resulted in a concomitant
proliferation of computer crime and other forms of unauthorized
access to computers, computer systems, and computer data.
   The Legislature further finds and declares that protection of the
integrity of all types and forms of lawfully created computers,
computer systems, and computer data is vital to the protection of the
privacy of individuals as well as to the well-being of financial
institutions, business concerns, governmental agencies, and others
within this state that lawfully utilize those computers, computer
systems, and data.
   (b) For the purposes of this section, the following terms have the
following meanings:
   (1) "Access" means to gain entry to, instruct, or communicate with
the logical, arithmetical, or memory function resources of a
computer, computer system, or computer network.
   (2) "Computer network" means any system that provides
communications between one or more computer systems and input/output
devices including, but not limited to, display terminals and printers
connected by telecommunication facilities.
   (3) "Computer program or software" means a set of instructions or
statements, and related data, that when executed in actual or
modified form, cause a computer, computer system, or computer network
to perform specified functions.
   (4) "Computer services" includes, but is not limited to, computer
time, data processing, or storage functions, or other uses of a
computer, computer system, or computer network.
   (5) "Computer system" means a device or collection of devices,
including support devices and excluding calculators that are not
programmable and capable of being used in conjunction with external
files, one or more of which contain computer programs, electronic
instructions, input data, and output data, that performs functions
including, but not limited to, logic, arithmetic, data storage and
retrieval, communication, and control.
   (6) "Data" means a representation of information, knowledge,
facts, concepts, computer software, computer programs or
instructions. Data may be in any form, in storage media, or as stored
in the memory of the computer or in transit or presented on a
display device.
   (7) "Supporting documentation" includes, but is not limited to,
all information, in any form, pertaining to the design, construction,
classification, implementation, use, or modification of a computer,
computer system, computer network, computer program, or computer
software, which information is not generally available to the public
and is necessary for the operation of a computer, computer system,
computer network, computer program, or computer software.
   (8) "Injury" means any alteration, deletion, damage, or
destruction of a computer system, computer network, computer program,
or data caused by the access, or the denial of access to legitimate
users of a computer system, network, or program.
   (9) "Victim expenditure" means any expenditure reasonably and
necessarily incurred by the owner or lessee to verify that a computer
system, computer network, computer program, or data was or was not
altered, deleted, damaged, or destroyed by the access.
   (10) "Computer contaminant" means any set of computer instructions
that are designed to modify, damage, destroy, record, or transmit
information within a computer, computer system, or computer network
without the intent or permission of the owner of the information.
They include, but are not limited to, a group of computer
instructions commonly called viruses or worms, that are
self-replicating or self-propagating and are designed to contaminate
other computer programs or computer data, consume computer resources,
modify, destroy, record, or transmit data, or in some other fashion
usurp the normal operation of the computer, computer system, or
computer network.
   (11) "Internet domain name" means a globally unique, hierarchical
reference to an Internet host or service, assigned through
centralized Internet naming authorities, comprising a series of
character strings separated by periods, with the rightmost character
string specifying the top of the hierarchy.
   (c) Except as provided in subdivision (h), any person who commits
any of the following acts is guilty of a public offense:
   (1) Knowingly accesses and without permission alters, damages,
deletes, destroys, or otherwise uses any data, computer, computer
system, or computer network in order to either (A) devise or execute
any scheme or artifice to defraud, deceive, or extort, or (B)
wrongfully control or obtain money, property, or data.
   (2) Knowingly accesses and without permission takes, copies, or
makes use of any data from a computer, computer system, or computer
network, or takes or copies any supporting documentation, whether
existing or residing internal or external to a computer, computer
system, or computer network.
   (3) Knowingly and without permission uses or causes to be used
computer services.
   (4) Knowingly accesses and without permission adds, alters,
damages, deletes, or destroys any data, computer software, or
computer programs which reside or exist internal or external to a
computer, computer system, or computer network.
   (5) Knowingly and without permission disrupts or causes the
disruption of computer services or denies or causes the denial of
computer services to an authorized user of a computer, computer
system, or computer network.
   (6) Knowingly and without permission provides or assists in
providing a means of accessing a computer, computer system, or
computer network in violation of this section.
   (7) Knowingly and without permission accesses or causes to be
accessed any computer, computer system, or computer network.
   (8) Knowingly introduces any computer contaminant into any
computer, computer system, or computer network.
   (9) Knowingly and without permission uses the Internet domain name
of another individual, corporation, or entity in connection with the
sending of one or more electronic mail messages, and thereby damages
or causes damage to a computer, computer system, or computer
network.
   (d) (1) Any person who violates any of the provisions of paragraph
(1), (2), (4), or (5) of subdivision (c) is punishable by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in the
state prison for 16 months, or two or three years, or by both that
fine and imprisonment, or by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
   (2) Any person who violates paragraph (3) of subdivision (c) is
punishable as follows:
   (A) For the first violation that does not result in injury, and
where the value of the computer services used does not exceed
 four hundred dollars ($400)   nine hundred
fifty dollars ($950)  , by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
   (B) For any violation that results in a victim expenditure in an
amount greater than five thousand dollars ($5,000) or in an injury,
or if the value of the computer services used exceeds  four
hundred dollars ($400)   nine hundred fifty dollars
($950)  , or for any second or subsequent violation, by a fine
not exceeding ten thousand dollars ($10,000), or by imprisonment in
the state prison for 16 months, or two or three years, or by both
that fine and imprisonment, or by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
   (3) Any person who violates paragraph (6) or (7) of subdivision
(c) is punishable as follows:
   (A) For a first violation that does not result in injury, an
infraction punishable by a fine not exceeding one thousand dollars
($1,000).
   (B) For any violation that results in a victim expenditure in an
amount not greater than five thousand dollars ($5,000), or for a
second or subsequent violation, by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
   (C) For any violation that results in a victim expenditure in an
amount greater than five thousand dollars ($5,000), by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in the
state prison for 16 months, or two or three years, or by both that
fine and imprisonment, or by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
   (4) Any person who violates paragraph (8) of subdivision (c) is
punishable as follows:
   (A) For a first violation that does not result in injury, a
misdemeanor punishable by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in a county jail not exceeding one year,
or by both that fine and imprisonment.
   (B) For any violation that results in injury, or for a second or
subsequent violation, 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, or by both that fine and imprisonment.
   (5) Any person who violates paragraph (9) of subdivision (c) is
punishable as follows:
   (A) For a first violation that does not result in injury, an
infraction punishable by a fine not one thousand dollars.
                                               (B) For any violation
that results in injury, or for a second or subsequent violation, by a
fine not exceeding five thousand dollars ($5,000), or by
imprisonment in a county jail not exceeding one year, or by both that
fine and imprisonment. 
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (e) 
    (f)  (1) In addition to any other civil remedy
available, the owner or lessee of the computer, computer system,
computer network, computer program, or data who suffers damage or
loss by reason of a violation of any of the provisions of subdivision
(c) may bring a civil action against the violator for compensatory
damages and injunctive relief or other equitable relief. Compensatory
damages shall include any expenditure reasonably and necessarily
incurred by the owner or lessee to verify that a computer system,
computer network, computer program, or data was or was not altered,
damaged, or deleted by the access. For the purposes of actions
authorized by this subdivision, the conduct of an unemancipated minor
shall be imputed to the parent or legal guardian having control or
custody of the minor, pursuant to the provisions of Section 1714.1 of
the Civil Code.
   (2) In any action brought pursuant to this subdivision the court
may award reasonable attorney's fees.
   (3) A community college, state university, or academic institution
accredited in this state is required to include computer-related
crimes as a specific violation of college or university student
conduct policies and regulations that may subject a student to
disciplinary sanctions up to and including dismissal from the
academic institution. This paragraph shall not apply to the
University of California unless the Board of Regents adopts a
resolution to that effect.
   (4) In any action brought pursuant to this subdivision for a
willful violation of the provisions of subdivision (c), where it is
proved by clear and convincing evidence that a defendant has been
guilty of oppression, fraud, or malice as defined in subdivision (c)
of Section 3294 of the Civil Code, the court may additionally award
punitive or exemplary damages.
   (5) No action may be brought pursuant to this subdivision unless
it is initiated within three years of the date of the act complained
of, or the date of the discovery of the damage, whichever is later.

   (f) 
    (g)  This section shall not be construed to preclude the
applicability of any other provision of the criminal law of this
state which applies or may apply to any transaction, nor shall it
make illegal any employee labor relations activities that are within
the scope and protection of state or federal labor laws. 
   (g) 
    (h)  Any computer, computer system, computer network, or
any software or data, owned by the defendant, that is used during
the commission of any public offense described in subdivision (c) or
any computer, owned by the defendant, which is used as a repository
for the storage of software or data illegally obtained in violation
of subdivision (c) shall be subject to forfeiture, as specified in
Section 502.01. 
   (h) 
    (i)  (1) Subdivision (c) does not apply to punish any
acts which are committed by a person within the scope of his or her
lawful employment. For purposes of this section, a person acts within
the scope of his or her employment when he or she performs acts
which are reasonably necessary to the performance of his or her work
assignment.
   (2) Paragraph (3) of subdivision (c) does not apply to penalize
any acts committed by a person acting outside of his or her lawful
employment, provided that the employee's activities do not cause an
injury, as defined in paragraph (8) of subdivision (b), to the
employer or another, or provided that the value of supplies or
computer services, as defined in paragraph (4) of subdivision (b),
which are used does not exceed an accumulated total of  one
hundred dollars ($100)   two hundred and fifty dollars
($250)  . 
   (i) 
    (j)  No activity exempted from prosecution under
paragraph (2) of subdivision  (h)   (i) 
which incidentally violates paragraph (2), (4), or (7) of subdivision
(c) shall be prosecuted under those paragraphs. 
   (j) 
    (k)  For purposes of bringing a civil or a criminal
action under this section, a person who causes, by any means, the
access of a computer, computer system, or computer network in one
jurisdiction from another jurisdiction is deemed to have personally
accessed the computer, computer system, or computer network in each
jurisdiction. 
   (k) 
    (l)  In determining the terms and conditions applicable
to a person convicted of a violation of this section the court shall
consider the following:
   (1) The court shall consider prohibitions on access to and use of
computers.
   (2) Except as otherwise required by law, the court shall consider
alternate sentencing, including community service, if the defendant
shows remorse and recognition of the wrongdoing, and an inclination
not to repeat the offense.
   SEC. 251.    Section 502.7 of the   Penal
Code   is amended to read: 
   502.7.  (a) Any person who, knowingly, willfully, and with intent
to defraud a person providing telephone or telegraph service, avoids
or attempts to avoid, or aids, abets or causes another to avoid the
lawful charge, in whole or in part, for telephone or telegraph
service by any of the following means is guilty of a misdemeanor or a
felony, except as provided in subdivision (g):
   (1) By charging the service to an existing telephone number or
credit card number without the authority of the subscriber thereto or
the lawful holder thereof.
   (2) By charging the service to a nonexistent telephone number or
credit card number, or to a number associated with telephone service
which is suspended or terminated, or to a revoked or canceled (as
distinguished from expired) credit card number, notice of the
suspension, termination, revocation, or cancellation of the telephone
service or credit card having been given to the subscriber thereto
or the holder thereof.
   (3) By use of a code, prearranged scheme, or other similar
stratagem or device whereby the person, in effect, sends or receives
information.
   (4) By rearranging, tampering with, or making connection with
telephone or telegraph facilities or equipment, whether physically,
electrically, acoustically, inductively, or otherwise, or by using
telephone or telegraph service with knowledge or reason to believe
that the rearrangement, tampering, or connection existed at the time
of the use.
   (5) By using any other deception, false pretense, trick, scheme,
device, conspiracy, or means, including the fraudulent use of false,
altered, or stolen identification.
   (b) Any person who does either of the following is guilty of a
misdemeanor or a felony, except as provided in subdivision (g):
   (1) Makes, possesses, sells, gives, or otherwise transfers to
another, or offers or advertises any instrument, apparatus, or device
with intent to use it or with knowledge or reason to believe it is
intended to be used to avoid any lawful telephone or telegraph toll
charge or to conceal the existence or place of origin or destination
of any telephone or telegraph message.
   (2) Sells, gives, or otherwise transfers to another or offers, or
advertises plans or instructions for making or assembling an
instrument, apparatus, or device described in paragraph (1) of this
subdivision with knowledge or reason to believe that they may be used
to make or assemble the instrument, apparatus, or device.
   (c) Any person who publishes the number or code of an existing,
canceled, revoked, expired, or nonexistent credit card, or the
numbering or coding which is employed in the issuance of credit
cards, with the intent that it be used or with knowledge or reason to
believe that it will be used to avoid the payment of any lawful
telephone or telegraph toll charge is guilty of a misdemeanor.
Subdivision (g) shall not apply to this subdivision. As used in this
section, "publishes" means the communication of information to any
one or more persons, either orally, in person or by telephone, radio,
or television, or electronic means, including, but not limited to, a
bulletin board system, or in a writing of any kind, including
without limitation a letter or memorandum, circular or handbill,
newspaper, or magazine article, or book.
   (d) Any person who is the  issuee   issue
 of a calling card, credit card, calling code, or any other
means or device for the legal use of telecommunications services and
who receives anything of value for knowingly allowing another person
to use the means or device in order to fraudulently obtain
telecommunications services is guilty of a misdemeanor or a felony,
except as provided in subdivision (g).
   (e) Subdivision (a) applies when the telephone or telegraph
communication involved either originates or terminates, or both
originates and terminates, in this state, or when the charges for
service would have been billable, in normal course, by a person
providing telephone or telegraph service in this state, but for the
fact that the charge for service was avoided, or attempted to be
avoided, by one or more of the means set forth in subdivision (a).
   (f) Jurisdiction of an offense under this section is in the
jurisdictional territory where the telephone call or telegram
involved in the offense originates or where it terminates, or the
jurisdictional territory to which the bill for the service is sent or
would have been sent but for the fact that the service was obtained
or attempted to be obtained by one or more of the means set forth in
subdivision (a).
   (g) Theft of any telephone or telegraph services under this
section by a person who has a prior misdemeanor or felony conviction
for theft of services under this section within the past five years,
is a felony.
   (h) Any person or telephone company defrauded by any acts
prohibited under this section shall be entitled to restitution for
the entire amount of the charges avoided from any person or persons
convicted under this section.
   (i) Any instrument, apparatus, device, plans, instructions, or
written publication described in subdivision (b) or (c) may be seized
under warrant or incident to a lawful arrest, and, upon the
conviction of a person for a violation of subdivision (a), (b), or
(c), the instrument, apparatus, device, plans, instructions, or
written publication may be destroyed as contraband by the sheriff of
the county in which the person was convicted or turned over to the
person providing telephone or telegraph service in the territory in
which it was seized.
   (j) Any computer, computer system, computer network, or any
software or data, owned by the defendant, which is used during the
commission of any public offense described in this section or any
computer, owned by the defendant, which is used as a repository for
the storage of software or data illegally obtained in violation of
this section shall be subject to forfeiture. 
   (k) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 252.    Section 502.8 of the   Penal
Code   is amended to read: 
   502.8.  (a) Any person who knowingly advertises illegal
telecommunications equipment is guilty of a misdemeanor.
   (b) Any person who possesses or uses illegal telecommunications
equipment intending to avoid the payment of any lawful charge for
telecommunications service or to facilitate other criminal conduct is
guilty of a misdemeanor.
   (c) Any person found guilty of violating subdivision (b), who has
previously been convicted of the same offense, shall be guilty of a
felony, punishable by imprisonment in state prison, a fine of up to
fifty thousand dollars ($50,000), or both.
   (d) Any person who possesses illegal telecommunications equipment
with intent to sell, transfer, or furnish or offer to sell, transfer,
or furnish the equipment to another, intending to avoid the payment
of any lawful charge for telecommunications service or to facilitate
other criminal conduct is guilty of a misdemeanor punishable by one
year in a county jail or imprisonment in state prison or a fine of up
to ten thousand dollars ($10,000), or both.
   (e) Any person who possesses 10 or more items of illegal
telecommunications equipment with intent to sell or offer to sell the
equipment to another, intending to avoid payment of any lawful
charge for telecommunications service or to facilitate other criminal
conduct, is guilty of a felony, punishable by imprisonment in state
prison, a fine of up to fifty thousand dollars ($50,000), or both.
   (f) Any person who manufactures 10 or more items of illegal
telecommunications equipment with intent to sell or offer to sell the
equipment to another, intending to avoid the payment of any lawful
charge for telecommunications service or to facilitate other criminal
conduct is guilty of a felony punishable by imprisonment in state
prison or a fine of up to fifty thousand dollars ($50,000), or both.
   (g) For purposes of this section, "illegal telecommunications
equipment" means equipment that operates to evade the lawful charges
for any telecommunications service;  surrepticiously
  surreptitiously  intercept electronic serial
numbers or mobile identification numbers; alter electronic serial
numbers; circumvent efforts to confirm legitimate access to a
telecommunications account; conceal from any telecommunications
service provider or lawful authority the existence, place of origin,
or destination of any telecommunication; or otherwise facilitate any
other criminal conduct. "Illegal telecommunications equipment"
includes, but is not limited to, any unauthorized electronic serial
number or mobile identification number, whether incorporated into a
wireless telephone or other device or otherwise. Items specified in
this paragraph shall be considered illegal telecommunications
equipment notwithstanding any statement or disclaimer that the items
are intended for educational, instructional, or similar purposes.
   (h) (1) In the event that a person violates the provisions of this
section with the intent to avoid the payment of any lawful charge
for telecommunications service to a telecommunications service
provider, the court shall order the person to pay restitution to the
telecommunications service provider in an amount that is the greater
of the following:
   (A) Five thousand dollars ($5,000).
   (B) Three times the amount of actual damages, if any, sustained by
the telecommunications service provider, plus reasonable attorney
fees.
   (2) It is not a necessary prerequisite to an order of restitution
under this section that the telecommunications service provider has
suffered, or be threatened with, actual damages. 
   (i) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 253.    Section 506b of the   Penal
Code   is amended to read: 
   506b.   (a)    Any person who violates Section
2985.3 or 2985.4 of the Civil Code, relating to real property sales
contracts, is guilty of a public offense punishable by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in the
state prison, or in  the   a  county jail
not exceeding one year, or by both  such   that
 fine and imprisonment. 
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 254.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 255.    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  of
this code  , 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  such   that 
fine and imprisonment. 
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 256.    Section 529a of the   Penal
Code   is amended to read: 
   529a.   (a)    Every person who manufactures,
produces, sells, offers, or transfers to another any document
purporting to be either a certificate of birth or certificate of
baptism, knowing  such   that  document to
be false or counterfeit and with the intent to deceive, is guilty of
a crime, and upon conviction therefor, shall be punished by
imprisonment in  the   a county jail not to
exceed one year, or by imprisonment in the state prison. Every
person who offers, displays, or has in his or her possession any
false or counterfeit certificate of birth or certificate of baptism,
or any genuine certificate of birth which describes a person then
living or deceased, with intent to represent himself or herself as
another or to conceal his or her true identity, is guilty of a crime,
and upon conviction therefor, shall be punished by imprisonment in
 the   a  county jail not to exceed one
year. 
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 257.    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 by 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 a fine and imprisonment.
   (e) Every person who commits mail theft, as defined in Section
1708 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, of
this section. 
   (f) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (f) 
    (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. 258.    Section 532a of the   Penal
Code   is amended to read: 
   532a.  (1) Any person who shall knowingly make or cause to be
made, either directly or indirectly or through any agency whatsoever,
any false statement in writing, with intent that it shall be relied
upon, respecting the financial condition, or means or ability to pay,
of himself  or herself  , or any other person, firm  ,
 or corporation  ,  in whom he  or she
 is interested, or for whom he  or she  is acting, for
the purpose of procuring in any form whatsoever, either the delivery
of personal property, the payment of cash, the making of a loan or
credit, the extension of a credit, the execution of a contract of
guaranty or suretyship, the discount of an account receivable, or the
making, acceptance, discount, sale or indorsement of a bill of
exchange, or promissory note, for the benefit of either himself 
or herself  or of such person, firm ,  or corporation
shall be guilty of a public offense.
   (2) Any person who  , knowing that a false statement in
writing has been made  ,  respecting the financial
condition or means or ability to pay  ,  of himself
 or herself  , or a person, firm  ,  or corporation
in which he  or she  is interested, or for whom he  or
she  is acting, procures, upon the faith thereof, for the
benefit either of himself  or herself  , or of such person,
firm  ,  or corporation, either or any of the things of
benefit mentioned in the first subdivision of this section shall be
guilty of a public offense.
   (3) Any person who  ,  knowing that a statement in
writing has been made  ,  respecting the financial
condition or means or ability to pay of himself  or herself 
or a person, firm  ,  or corporation, in which he  or
she  is interested, or for whom he  or she  is acting,
represents on a later day in writing that the statement theretofore
made, if then again made on said day, would be then true, when in
fact, said statement if then made would be false, and procures upon
the faith thereof, for the benefit either of himself  or herself
 or of such person, firm  ,  or corporation either or
any of the things of benefit mentioned in the first subdivision of
this section shall be guilty of a public offense.
   (4) Any person committing a public offense under subdivision (1),
(2), or (3) shall be guilty of a misdemeanor, punishable by a fine of
not more than one thousand dollars ($1,000), or by imprisonment in
 the   a  county jail for not more than six
months, or by both  such   that  fine and
imprisonment. Any person who violates the provisions of subdivision
(1), (2), or (3), by using a fictitious name, social security number,
business name, or business address, or by falsely representing
himself or herself to be another person or another business, is
guilty of a felony and is punishable by a fine not exceeding five
thousand dollars ($5,000) or by imprisonment in the state prison, or
by both such fine and imprisonment, or by a fine not exceeding two
thousand five hundred dollars ($2,500) or by imprisonment in the
county jail not exceeding one year, or by both such fine and
imprisonment.
   (5) This section shall not be construed to preclude the
applicability of any other provision of the criminal law of this
state which applies or may apply to any transaction. 
   (6) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 259.    Section 535 of the   Penal Code
  is amended to read: 
                                        535.   (a)  
 Every person who obtains any money or property from another, or
obtains the signature of another to any written instrument, the
false making of which would be forgery, by means of any false or
fraudulent sale of property or pretended property, by auction, or by
any of the practices known as mock auctions, is punishable by
imprisonment in the state prison, or in  the   a
 county jail not exceeding one year, or by fine not exceeding
two thousand dollars ($2,000), or by both  such 
 that  fine and imprisonment, and, in addition, is
disqualified for a period of three years from acting as an auctioneer
in this state. 
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 260.    Section 537 of the   Penal Code
  is amended to read: 
   537.  (a) Any person who obtains any food, fuel, services, or
accommodations at a hotel, inn, restaurant, boardinghouse,
lodginghouse, apartment house, bungalow court, motel, marina, marine
facility, autocamp, ski area, or public or private campground,
without paying therefor, with intent to defraud the proprietor or
manager thereof, or who obtains credit at an hotel, inn, restaurant,
boardinghouse, lodginghouse, apartment house, bungalow court, motel,
marina, marine facility, autocamp, or public or private campground by
the use of any false pretense, or who, after obtaining credit, food,
fuel, services, or accommodations, at an hotel, inn, restaurant,
boardinghouse, lodginghouse, apartment house, bungalow court, motel,
marina, marine facility, autocamp, or public or private campground,
absconds, or surreptitiously, or by force, menace, or threats,
removes any part of his or her baggage therefrom with the intent not
to pay for his or her food or accommodations is guilty of a public
offense punishable as follows:
   (1) If the value of the credit, food, fuel, services, or
accommodations is  four hundred dollars ($400)  
nine hundred fifty dollars ($950)  or less, by a fine not
exceeding one thousand dollars ($1,000) or by imprisonment in the
county jail for a term not exceeding six months, or both.
   (2) If the value of the credit, food, fuel, services, or
accommodations is greater than  four hundred dollars ($400)
  nine hundred fifty dollars ($950)  , by
imprisonment in  the   a  county jail for a
term of not more than one year, or in the state prison.
   (b) Any person who uses or attempts to use ski area facilities for
which payment is required without paying as required, or who resells
a ski lift ticket to another when the resale is not authorized by
the proprietor, is guilty of an infraction.
   (c) Evidence that a person left the premises of such an hotel,
inn, restaurant, boardinghouse, lodginghouse, apartment house,
bungalow court, motel, marina, marine facility, autocamp, ski area,
or public or private campground, without paying or offering to pay
for such food, fuel, services, use of facilities, or accommodation,
or that the person, without authorization from the proprietor, resold
his or her ski lift ticket to another person after making use of
such facilities, shall be prima facie evidence of the following:
   (1) That the person obtained such food, fuel, services, use of
facilities or accommodations with intent to defraud the proprietor or
manager.
   (2) That, if, after obtaining the credit, food, fuel, services, or
accommodations, the person absconded, or surreptitiously, or by
force, menace, or threats, removed part of his or her baggage
therefrom, the person did so with the intent not to pay for the
credit, food, fuel, services, or accommodations. 
   (d) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 261.    Section 537e of the   Penal
Code   is amended to read: 
   537e.  (a) Any person who knowingly buys, sells, receives,
disposes of, conceals, or has in his or her possession any personal
property from which the manufacturer's serial number, identification
number, electronic serial number, or any other distinguishing number
or identification mark has been removed, defaced, covered, altered,
or destroyed, is guilty of a public offense, punishable as follows:
   (1) If the value of the property does not exceed  four
hundred dollars ($400)   nine hundred fifty dollars
($950)  , by imprisonment in a county jail not exceeding six
months.
   (2) If the value of the property exceeds  four hundred
dollars ($400)  nine hundred fifty dollars ($950) 
, by imprisonment in a county jail not exceeding one year.
   (3) If the property is an integrated computer chip or panel of a
value of four hundred dollars ($400) or more, by imprisonment in the
state prison for 16 months, or 2 or 3 years or by imprisonment in a
county jail not exceeding one year. 
   For 
    (b)     For  purposes of this
subdivision, "personal property" includes, but is not limited to, the
following:
   (1) Any television, radio, recorder, phonograph, telephone, piano,
or any other musical instrument or sound equipment.
   (2) Any washing machine, sewing machine, vacuum cleaner, or other
household appliance or furnishings.
   (3) Any typewriter, adding machine, dictaphone, or any other
office equipment or furnishings.
   (4) Any computer, printed circuit, integrated chip or panel, or
other part of a computer.
   (5) Any tool or similar device, including any technical or
scientific equipment.
   (6) Any bicycle, exercise equipment, or any other entertainment or
recreational equipment.
   (7) Any electrical or mechanical equipment, contrivance, material,
or piece of apparatus or equipment.
   (8) Any clock, watch, watch case, or watch movement.
   (9) Any vehicle or vessel, or any component part thereof. 

   (b) 
    (c)  When property described in subdivision (a) comes
into the custody of a peace officer it shall become subject to the
provision of Chapter 12 (commencing with Section 1407) of Title 10 of
Part 2, relating to the disposal of stolen or embezzled property.
Property subject to this section shall be considered stolen or
embezzled property for the purposes of that chapter, and prior to
being disposed of, shall have an identification mark imbedded or
engraved in, or permanently affixed to it. 
   (c) 
    (d)  This section does not apply to those cases or
instances where any of the changes or alterations enumerated in
subdivision (a) have been customarily made or done as an established
practice in the ordinary and regular conduct of business, by the
original manufacturer, or by his or her duly appointed direct
representative, or under specific authorization from the original
manufacturer. 
   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 262.    Section 538.5 of the   Penal
Code   is amended to read: 
   538.5.   (a)    Every person who transmits or
causes to be transmitted by means of wire, radio  ,  or
television communication any words, sounds, writings, signs, signals,
or pictures for the purpose of furthering or executing a scheme or
artifice to obtain, from a public utility, confidential, privileged,
or proprietary information, trade secrets, trade lists, customer
records, billing records, customer credit data, or accounting data by
means of false or fraudulent pretenses, representations,
personations, or promises is guilty of an offense punishable by
imprisonment in the state prison, or by imprisonment in  the
  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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 263.    Section 549 of the   Penal Code
  is amended to read: 
   549.   (a)    Any firm, corporation,
partnership, or association, or any person acting in his or her
individual capacity, or in his or her capacity as a public or private
employee, who solicits, accepts, or refers any business to or from
any individual or entity with the knowledge that, or with reckless
disregard for whether, the individual or entity for or from whom the
solicitation or referral is made, or the individual or entity who is
solicited or referred, intends to violate Section 550 of this code or
Section 1871.4 of the Insurance Code is guilty of a crime,
punishable upon a first conviction by imprisonment in  the
  a  county jail for not more than one year or by
imprisonment in the state prison for 16 months, two years, or three
years, or by a fine not exceeding fifty thousand dollars ($50,000) or
double the amount of the fraud, whichever is greater, or by both
that imprisonment and fine. A second or subsequent conviction is
punishable by imprisonment in the state prison or by imprisonment in
the state prison and a fine of fifty thousand dollars ($50,000).
Restitution shall be ordered, including restitution for any medical
evaluation or treatment services obtained or provided. The court
shall determine the amount of restitution and the person or persons
to whom the restitution shall be paid. 
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 264.    Section 550 of the   Penal Code
  is amended to read: 
   550.  (a) It is unlawful to do any of the following, or to aid,
abet, solicit, or conspire with any person to do any of the
following:
   (1) Knowingly present or cause to be presented any false or
fraudulent claim for the payment of a loss or injury, including
payment of a loss or injury under a contract of insurance.
   (2) Knowingly present multiple claims for the same loss or injury,
including presentation of multiple claims to more than one insurer,
with an intent to defraud.
   (3) Knowingly cause or participate in a vehicular collision, or
any other vehicular accident, for the purpose of presenting any false
or fraudulent claim.
   (4) Knowingly present a false or fraudulent claim for the payments
of a loss for theft, destruction, damage, or conversion of a motor
vehicle, a motor vehicle part, or contents of a motor vehicle.
   (5) Knowingly prepare, make, or subscribe any writing, with the
intent to present or use it, or to allow it to be presented, in
support of any false or fraudulent claim.
   (6) Knowingly make or cause to be made any false or fraudulent
claim for payment of a health care benefit.
   (7) Knowingly submit a claim for a health care benefit that was
not used by, or on behalf of, the claimant.
   (8) Knowingly present multiple claims for payment of the same
health care benefit with an intent to defraud.
   (9) Knowingly present for payment any undercharges for health care
benefits on behalf of a specific claimant unless any known
overcharges for health care benefits for that claimant are presented
for reconciliation at that same time.
   (10) For purposes of paragraphs (6) to (9), inclusive, a claim or
a claim for payment of a health care benefit also means a claim or
claim for payment submitted by or on the behalf of a provider of any
workers' compensation health benefits under the Labor Code.
   (b) It is unlawful to do, or to knowingly assist or conspire with
any person to do, any of the following:
   (1) Present or cause to be presented any written or oral statement
as part of, or in support of or opposition to, a claim for payment
or other benefit pursuant to an insurance policy, knowing that the
statement contains any false or misleading information concerning any
material fact.
   (2) Prepare or make any written or oral statement that is intended
to be presented to any insurer or any insurance claimant in
connection with, or in support of or opposition to, any claim or
payment or other benefit pursuant to an insurance policy, knowing
that the statement contains any false or misleading information
concerning any material fact.
   (3) Conceal, or knowingly fail to disclose the occurrence of, an
event that affects any person's initial or continued right or
entitlement to any insurance benefit or payment, or the amount of any
benefit or payment to which the person is entitled.
   (4) Prepare or make any written or oral statement, intended to be
presented to any insurer or producer for the purpose of obtaining a
motor vehicle insurance policy, that the person to be the insured
resides or is domiciled in this state when, in fact, that person
resides or is domiciled in a state other than this state.
   (c) (1) Every person who violates paragraph (1), (2), (3), (4), or
(5) of subdivision (a) is guilty of a felony punishable by
imprisonment in the state prison for two, three, or five years, and
by a fine not exceeding fifty thousand dollars ($50,000), or double
the amount of the fraud, whichever is greater.
   (2) Every person who violates paragraph (6), (7), (8), or (9) of
subdivision (a) is guilty of a public offense.
   (A)  When the claim or amount at issue exceeds  four
hundred dollars ($400)   nine hundred fifty dollars
($950)  , the offense is punishable by imprisonment in the state
prison for two, three, or five years, or by a fine not exceeding
fifty thousand dollars ($50,000) or double the amount of the fraud,
whichever is greater, or by both that imprisonment and fine, or by
imprisonment in a county jail not to exceed one year, by a fine of
not more than ten thousand dollars ($10,000), or by both that
imprisonment and fine.
   (B)  When the claim or amount at issue is  four hundred
dollars ($400)   nine hundred fifty dollars ($950) 
or less, the offense is punishable by imprisonment in a county jail
not to exceed six months, or by a fine of not more than one thousand
dollars ($1,000), or by both that imprisonment and fine, unless the
aggregate amount of the claims or amount at issue exceeds 
four hundred dollars ($400)   nine hundred fifty dollars
($950)  in any 12-consecutive-month period, in which case the
claims or amounts may be charged as in subparagraph (A).
   (3) Every person who violates paragraph (1), (2), (3), or (4) of
subdivision (b) shall be punished by imprisonment in the state prison
for two, three, or five years, or by a fine not exceeding fifty
thousand dollars ($50,000) or double the amount of the fraud,
whichever is greater, or by both that imprisonment and fine, or by
imprisonment in a county jail not to exceed one year, or by a fine of
not more than ten thousand dollars ($10,000), or by both that
imprisonment and fine.
   (4) Restitution shall be ordered for a person convicted of
violating this section, including restitution for any medical
evaluation or treatment services obtained or provided. The court
shall determine the amount of restitution and the person or persons
to whom the restitution shall be paid.
   (d) Notwithstanding any other provision of law, probation shall
not be granted to, nor shall the execution or imposition of a
sentence be suspended for, any adult person convicted of felony
violations of this section who previously has been convicted of
felony violations of this section or Section 548, or of Section
1871.4 of the Insurance Code, or former Section 556 of the Insurance
Code, or former Section 1871.1 of the Insurance Code as an adult
under charges separately brought and tried two or more times. The
existence of any fact that would make a person ineligible for
probation under this subdivision shall be alleged in the information
or indictment, and either admitted by the defendant in an 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.
   Except when the existence of the fact was not admitted or found to
be true or the court finds that a prior felony conviction was
invalid, the court shall not strike or dismiss any prior felony
convictions alleged in the information or indictment.
   This subdivision does not prohibit the adjournment of criminal
proceedings pursuant to Division 3 (commencing with Section 3000) or
Division 6 (commencing with Section 6000) of the Welfare and
Institutions Code.
   (e) Except as otherwise provided in subdivision (f), any person
who violates subdivision (a) or (b) and who has a prior felony
conviction of an offense set forth in either subdivision (a) or (b),
in Section 548, in Section 1871.4 of the Insurance Code, in former
Section 556 of the Insurance Code, or in former Section 1871.1 of the
Insurance Code shall receive a two-year enhancement for each prior
felony conviction in addition to the sentence provided in subdivision
(c). The existence of any fact that would subject a person to a
penalty enhancement 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. Any person who violates this
section shall be subject to appropriate orders of restitution
pursuant to Section 13967 of the Government Code.
   (f) Any person who violates paragraph (3) of subdivision (a) and
who has two prior felony convictions for a violation of paragraph (3)
of subdivision (a) shall receive a five-year enhancement in addition
to the sentence provided in subdivision (c). The existence of any
fact that would subject a person to a penalty enhancement 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.
   (g) Except as otherwise provided in Section 12022.7, any person
who violates paragraph (3) of subdivision (a) shall receive a
two-year enhancement for each person other than an accomplice who
suffers serious bodily injury resulting from the vehicular collision
or accident in a violation of paragraph (3) of subdivision (a).
   (h) This section shall not be construed to preclude the
applicability of any other provision of criminal law or equitable
remedy that applies or may apply to any act committed or alleged to
have been committed by a person.
   (i) Any fine imposed pursuant to this section shall be doubled if
the offense was committed in connection with any claim pursuant to
any automobile insurance policy in an auto insurance fraud crisis
area designated by the Insurance Commissioner pursuant to Article 4.6
(commencing with Section 1874.90) of Chapter 12 of Part 2 of
Division 1 of the Insurance Code. 
   (j) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
first or subsequent violation of this section is punishable as
provided in the applicable sentencing rules. 
   SEC. 265.    Section 551 of the   Penal Code
  is amended to read: 
   551.  (a) It is unlawful for any automotive repair dealer,
contractor, or employees or agents thereof to offer to any insurance
agent, broker, or adjuster any fee, commission, profit sharing, or
other form of direct or indirect consideration for referring an
insured to an automotive repair dealer or its employees or agents for
vehicle repairs covered under a policyholder's automobile physical
damage or automobile collision coverage, or to a contractor or its
employees or agents for repairs to or replacement of a structure
covered by a residential or commercial insurance policy.
   (b) Except in cases in which the amount of the repair or
replacement claim has been determined by the insurer and the repair
or replacement services are performed in accordance with that
determination or in accordance with provided estimates that are
accepted by the insurer, it is unlawful for any automotive repair
dealer, contractor, or employees or agents thereof to knowingly offer
or give any discount intended to offset a deductible required by a
policy of insurance covering repairs to or replacement of a motor
vehicle or residential or commercial structure. This subdivision does
not prohibit an advertisement for repair or replacement services at
a discount as long as the amount of the repair or replacement claim
has been determined by the insurer and the repair or replacement
services are performed in accordance with that determination or in
accordance with provided estimates that are accepted by the insurer.
   (c) A violation of this section is a public offense. Where the
amount at issue exceeds  four hundred dollars ($400)
  nine hundred fifty dollars ($950)  , the offense
is punishable by imprisonment in the state prison for 16 months, or 2
or 3 years, by a fine of not more than ten thousand dollars
($10,000), or by both that imprisonment and fine; or by imprisonment
in a county jail not to exceed one year, by a fine of not more than
one thousand dollars ($1,000), or by both that imprisonment and fine.
In all other cases, the offense is punishable by imprisonment in a
county jail not to exceed six months, by a fine of not more than one
thousand dollars ($1,000), or by both that imprisonment and fine.
   (d) Every person who, having been convicted of subdivision (a) or
(b), or Section 7027.3 or former Section 9884.75 of the Business and
Professions Code 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 subdivision
(a) or (b), upon a subsequent conviction of one of those offenses,
shall be punished by imprisonment in the state prison for 16 months,
or 2 or 3 years, by a fine of not more than ten thousand dollars
($10,000), or by both that imprisonment and fine; or by imprisonment
in a county jail not to exceed one year, by a fine of not more than
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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (e) 
    (f)  For purposes of this section:
   (1) "Automotive repair dealer" means a person who, for
compensation, engages in the business of repairing or diagnosing
malfunctions of motor vehicles.
   (2) "Contractor" has the same meaning as set forth in Section 7026
of the Business and Professions Code.
   SEC. 266.    Section 560 of the   Penal Code
  is amended to read: 
   560.   (a)    Any bailee, as defined in Section
7102 of the Uniform Commercial Code, who issues or aids in issuing a
document of title, or any person who secures the issue by a bailee of
a document of title, or any person who negotiates or transfers for
value a document of title knowing that the goods for which such
document is issued have not been actually received by such bailee or
are not under his control at the time of issuing such receipt shall
be guilty of a crime and upon conviction shall be punished for each
offense by imprisonment in the state prison  ,  or by a 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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 267.    Section 560.4 of the   Penal
Code   is amended to read: 
   560.4.   (a)    Any bailee, as defined in
Section 7102 of the Uniform Commercial Code, who issues or aids in
issuing a duplicate or additional negotiable document of title for
goods knowing that a former negotiable document of title for the same
goods or any part of them is outstanding and uncanceled without
plainly placing upon the face thereof the word "duplicate," except in
cases of bills in a set and documents issued as substitutes for
lost, stolen  ,  or destroyed documents, shall be guilty of
a crime and upon conviction shall be punished for each offense by
imprisonment in the state prison  ,  or by a 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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 268.    Section 565 of the   Penal Code
  is amended to read: 
   565.  It is a misdemeanor, punishable by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in the county jail not
exceeding six months, or both, for an unauthorized person to possess
or use, or to obliterate or destroy the brand registration upon,
containers (including milk cases), cabinets, or other dairy
equipment, which have a value of  four hundred dollars ($400)
  nine hundred fifty dollars ($950)  or less, when
the containers, cabinets, or other dairy equipment are marked with a
brand that is registered pursuant to Chapter 10 (commencing with
Section 34501) of Part 1 of Division 15 of the Food and Agricultural
Code. "Unauthorized person" shall have the meaning of that term as
defined in Section 34564 of the Food and Agricultural Code.
   SEC. 269.    Section 566 of the   Penal Code
  is amended to read: 
   566.   (a)    It is a felony, punishable by a
fine not exceeding one thousand five hundred dollars ($1,500), or by
imprisonment, or both, for an unauthorized person to possess or use,
or to obliterate or destroy the brand registration upon, containers
(including milk cases), cabinets, or other dairy equipment, which
have a value in excess of  four hundred dollars ($400)
                                     nine hundred fifty
dollars ($950)  , when the containers, cabinets, or other dairy
equipment are marked with a brand that is registered pursuant to
Chapter 10 (commencing with Section 34501) of Part 1 of Division 15
of the Food and Agricultural Code. "Unauthorized person" shall have
the meaning of that term as defined in Section 34564 of the Food and
Agricultural Code. 
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 270.    Section 570 of the   Penal Code
  is amended to read: 
   570.   (a)    An act of unlawful subleasing of a
motor vehicle, as defined in Section 571, shall be punishable by
imprisonment in the state prison or in  the   a
 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 Public Safety Commission, a
person who violates Section 571 shall be punished as provided in the
applicable sentencing rules. 
   SEC. 271.    Section 577 of the   Penal Code
  is amended to read: 
   577.   (a)    Every person, being the master,
owner  ,  or agent of any vessel, or officer or agent of any
railroad, express  ,  or transportation company, or
otherwise being or representing any carrier, who delivers any bill of
lading, receipt  ,  or other voucher, by which it appears
that any merchandise of any description has been shipped on board any
vessel, or delivered to any railroad, express  ,  or
transportation company or other carrier, unless the same has been so
shipped or delivered, and is at the time actually under the control
of  such   that  carrier or the master,
owner  ,  or agent of  such   that
 vessel, or of some officer or agent of  such 
 that  company, to be forwarded as expressed in 
such   the  bill of lading, receipt  ,  or
voucher, is punishable by imprisonment in the state prison, or by a
fine not exceeding one thousand dollars ($1,000), or both  that
fine and imprisonment  . 
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 272.    Section 578 of the   Penal Code
  is amended to read: 
   578.   (a)   Every person carrying on the
business of a warehouseman, wharfinger, or other depositary of
property, who issues any receipt, bill of lading, or other voucher
for any merchandise of any description, which has not been actually
received upon the premises of such person, and is not under his
actual control at the time of issuing such instrument, whether such
instrument is issued to a person as being the owner of such
merchandise or as security for any indebtedness, is punishable by
imprisonment in the state prison, or by a fine not exceeding one
thousand dollars ($1,000), or both  that fine and imprisonment
 . 
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 273.    Section 580 of the   Penal Code
  is amended to read: 
   580.   (a)    Every person mentioned in this
chapter, who issues any second or duplicate receipt or voucher, of a
kind specified therein, at a time while any former receipt or voucher
for the merchandise specified in  such   the
 second receipt is outstanding and uncanceled, without writing
across the face of the same the word "Duplicate," in a plain and
legible manner, is punishable by imprisonment in the state prison, or
by a fine not exceeding one thousand dollars ($1,000), or both 
that fine and imprisonment  . 
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 274.    Section 581 of the   Penal Code
  is amended to read: 
   581.   (a)    Every person mentioned in this
chapter, who sells, hypothecates, or pledges any merchandise for
which any bill of lading, receipt, or voucher has been issued by him
 or her  , without the consent in writing thereto of the
person holding  such   that  bill, receipt,
or voucher, is punishable by imprisonment in the state prison, or by
a fine not exceeding one thousand dollars ($1,000), or both. 
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 275.    Section 587 of the   Penal Code
  is amended to read: 
   587.   (a)    Every person who maliciously,
either:
   1. Removes, displaces, injures, or destroys any part of any
railroad, whether for steam or horse cars, or any track of any
railroad, or any branch or branchway, switch, turnout, bridge,
viaduct, culvert, embankment, station house, or other structure or
fixture, or any part thereof, attached to or connected with any
railroad; or,
   2. Places any obstruction upon the rails or track of any railroad,
or of any switch, branch, branchway, or turnout connected with any
railroad;
   Is punishable by imprisonment in the state prison, or in 
the   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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 276.    Section 591 of the   Penal Code
  is amended to read: 
   591.   (a)    A person who unlawfully and
maliciously takes down, removes, injures, or obstructs any line of
telegraph, telephone, or cable television, or any other line used to
conduct electricity, or any part thereof, or appurtenances or
apparatus connected therewith, or severs any wire thereof, or makes
any unauthorized connection with any line, other than a telegraph,
telephone, or cable television line, used to conduct electricity, or
any part thereof, or appurtenances or apparatus connected therewith,
is punishable by imprisonment in the state prison, or by a fine not
exceeding five hundred dollars ($500)  ,  or
imprisonment in  the   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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 277.    Section 592 of the   Penal Code
  is amended to read: 
   592.  (a) Every person who shall, without authority of the owner
or managing agent, and with intent to defraud, take water from any
canal, ditch, flume, or reservoir used for the purpose of holding or
conveying water for manufacturing, agricultural, mining, irrigating,
generation of power, or domestic uses is guilty of a misdemeanor.
   (b) If the total retail value of all the water taken is more than
 four hundred dollars ($400)   n   ine
hundred fifty dollars ($950)  , or if the defendant has
previously been convicted of an offense under this section or any
former section that would be an offense under this section, or of an
offense under the laws of another state or of the United States that
would have been an offense under this section if committed in this
state, then the violation is punishable by imprisonment in 
the   a  county jail for not more than 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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 278.    Section 593d of the   Penal
Code   is amended to read: 
   593d.  (a) Except as provided in subdivision (e), any person who,
for the purpose of intercepting, receiving, or using any program or
other service carried by a multichannel video or information services
provider that the person is not authorized by that provider to
receive or use, commits any of the following acts is guilty of a
public offense:
   (1) Knowingly and willfully makes or maintains an unauthorized
connection or connections, whether physically, electrically,
electronically, or inductively, to any cable, wire, or other
component of a multichannel video or information services provider's
system or to a cable, wire or other media, or receiver that is
attached to a multichannel video or information services provider's
system.
   (2) Knowingly and willfully purchases, possesses, attaches, causes
to be attached, assists others in attaching, or maintains the
attachment of any unauthorized device or devices to any cable, wire,
or other component of a multichannel video or information services
provider's system or to a cable, wire or other media, or receiver
that is attached to a multichannel video or information services
provider's system.
   (3) Knowingly and willfully makes or maintains any modification or
alteration to any device installed with the authorization of a
multichannel video or information services provider.
   (4) Knowingly and willfully makes or maintains any modifications
or alterations to an access device that authorizes services or
knowingly and willfully obtains an unauthorized access device and
uses the modified, altered, or unauthorized access device to obtain
services from a multichannel video or information services provider.
   For purposes of this section, each purchase, possession,
connection, attachment, or modification shall constitute a separate
violation of this section.
   (b) Except as provided in subdivision (e), any person who
knowingly and willfully manufactures, assembles, modifies, imports
into this state, distributes, sells, offers to sell, advertises for
sale, or possesses for any of these purposes, any device or kit for a
device, designed, in whole or in part, to decrypt, decode,
descramble, or otherwise make intelligible any encrypted, encoded,
scrambled, or other nonstandard signal carried by a multichannel
video or information services provider, unless the device has been
granted an equipment authorization by the Federal Communications
Commission (FCC), is guilty of a public offense.
   For purposes of this subdivision, "encrypted, encoded, scrambled,
or other nonstandard signal" means any type of signal or transmission
that is not intended to produce an intelligible program or service
without the use of a special device, signal, or information provided
by the multichannel video or information services provider or its
agents to authorized subscribers.
   (c) Every person who knowingly and willfully makes or maintains an
unauthorized connection or connections with, whether physically,
electrically, electronically, or inductively, or who attaches, causes
to be attached, assists others in attaching, or maintains any
attachment to, any cable, wire, or other component of a multichannel
video or information services provider's system, for the purpose of
interfering with, altering, or degrading any multichannel video or
information service being transmitted to others, or for the purpose
of transmitting or broadcasting any program or other service not
intended to be transmitted or broadcast by the multichannel video or
information services provider, is guilty of a public offense.
   For purposes of this section, each transmission or broadcast shall
constitute a separate violation of this section.
   (d) (1) Any person who violates subdivision (a) shall be punished
by a fine not exceeding one thousand dollars ($1,000), by
imprisonment in a county jail not exceeding 90 days, or by both that
fine and imprisonment.
   (2) Any person who violates subdivision (b) shall be punished as
follows:
   (A) If the violation involves the manufacture, assembly,
modification, importation into this state, distribution,
advertisement for sale, or possession for sale or for any of these
purposes, of 10 or more of the items described in subdivision (b), or
the sale or offering for sale of five or more items for financial
gain, the person shall be punished by imprisonment in a county jail
not exceeding one year, or in the state prison, by a fine not
exceeding two hundred fifty thousand dollars ($250,000), or by both
that imprisonment and fine.
   (B) If the violation involves the manufacture, assembly,
modification, importation into this state, distribution,
advertisement for sale, or possession for sale or for any of these
purposes, of nine or less of the items described in subdivision (b),
or the sale or offering for sale of four or less items for financial
gain, shall upon a conviction of a first offense, be punished by
imprisonment in a county jail not exceeding one year, by a fine not
exceeding twenty-five thousand dollars ($25,000), or by both that
imprisonment and fine. A second or subsequent conviction shall be
punished by imprisonment in a county jail not exceeding one year, or
in the state prison, by a fine not exceeding one hundred thousand
dollars ($100,000), or by both that imprisonment and fine.
   (3) Any person who violates subdivision (c) shall be punished by a
fine not exceeding ten thousand dollars ($10,000), by imprisonment
in a county jail, or by both that fine and imprisonment.
   (e) Any device or kit described in subdivision (a) or (b) seized
under warrant or incident to a lawful arrest, upon the conviction of
a person for a violation of subdivision (a) or (b), may be destroyed
as contraband by the sheriff.
   (f) Any person who violates this section shall be liable in a
civil action to the multichannel video or information services
provider for the greater of the following amounts:
   (1) Five thousand dollars ($5,000).
   (2) Three times the amount of actual damages, if any, sustained by
the plaintiff plus reasonable attorney's fees.
   A defendant who prevails in the action shall be awarded his or her
reasonable attorney's fees.
   (g) Any multichannel video or information services provider may,
in accordance with the provisions of Chapter 3 (commencing with
Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
bring an action to enjoin and restrain any violation of this section,
and may in the same action seek damages as provided in subdivision
(f).
   (h) It is not a necessary prerequisite to an action pursuant to
this section that the plaintiff has suffered, or be threatened with,
actual damages.
   (i) For the purposes of this section, a "multichannel video or
information services provider" means a franchised or otherwise duly
licensed cable television system, video dialtone system, Multichannel
Multipoint Distribution Service system, Direct Broadcast Satellite
system, or other system providing video or information services that
are distributed via cable, wire, radio frequency, or other media. A
video dialtone system is a platform operated by a public utility
telephone corporation for the transport of video programming as
authorized by the Federal Communications Commission pursuant to FCC
Docket No. 87-266, and any subsequent decisions related to that
docket, subject to any rules promulgated by the FCC pursuant to those
decisions. 
   (j) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 279.    Section 594.35 of the   Penal
Code   is amended to read: 
   594.35.   (a)    Every person is guilty of a
crime and punishable by imprisonment in the state prison or by
imprisonment in a county jail for not exceeding one year, who
maliciously does any of the following: 
   (a) 
    (1)  Destroys, cuts, mutilates, effaces, or otherwise
injures, tears down, or removes any tomb, monument, memorial, or
marker in a cemetery, or any gate, door, fence, wall, post or
railing, or any inclosure for the protection of a cemetery or
mortuary or any property in a cemetery or mortuary. 
   (b) 
    (2)  Obliterates any grave, vault, niche, or crypt.

   (c) 
    (3)  Destroys, cuts, breaks or injures any mortuary
building or any building, statuary, or ornamentation within the
limits of a cemetery. 
   (d) 
    (4)  Disturbs, obstructs, detains or interferes with any
person carrying or accompanying human remains to a cemetery or
funeral establishment, or engaged in a funeral service, or an
interment. 
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 280.    Section 594.4 of the   Penal
Code   is amended to read: 
   594.4.  (a) Any person who willfully and maliciously injects into
or throws upon, or otherwise defaces, damages, destroys, or
contaminates, any structure with butyric acid, or any other similar
noxious or caustic chemical or substance, is guilty of a public
offense, punishable by imprisonment in the state prison or in a
county jail, by a fine as specified in subdivision (b), or by both
that imprisonment and fine.
   (b) (1) If the amount of the defacement, damage, destruction, or
contamination is fifty thousand dollars ($50,000) or more, by a fine
of not more than fifty thousand dollars ($50,000).
   (2) If the amount of the defacement, damage, destruction, or
contamination is five thousand dollars ($5,000) or more, but less
than fifty thousand dollars ($50,000), by a fine of not more than ten
thousand dollars ($10,000).
   (3) If the amount of defacement, damage, destruction, or
contamination is  four hundred dollars ($400)  
nine hundred fifty dollars ($950)  or more, but less than five
thousand dollars ($5,000), by a fine of not more than five thousand
dollars ($5,000).
   (4) If the amount of the defacement, damage, destruction, or
contamination is less than  four hundred dollars ($400)
  nine hundred fifty dollars ($950) , by a fine of
not more than one thousand dollars ($1,000). 
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (c) 
    (d)  For purposes of this section, "structure" includes
any house or other building being used at the time of the offense for
a dwelling or for commercial purposes.
   SEC. 281.    Section 641.3 of the   Penal
Code   is amended to read: 
   641.3.  (a) Any employee who solicits, accepts, or agrees to
accept money or any thing of value from a person other than his or
her employer, other than in trust for the employer, corruptly and
without the knowledge or consent of the employer, in return for using
or agreeing to use his or her position for the benefit of that other
person, and any person who offers or gives an employee money or any
thing of value under those circumstances, is guilty of commercial
bribery.
   (b) This section does not apply where the amount of money or
monetary worth of the thing of value is  one hundred dollars
($100)   two hundred fifty dollars ($250)  or less.

   (c) Commercial bribery is punishable by imprisonment in the county
jail for not more than one year if the amount of the bribe is one
thousand dollars ($1,000) or less, or by imprisonment in the county
jail, or in the state prison for 16 months, or two or three years if
the amount of the bribe exceeds one thousand dollars ($1,000).
   (d) For purposes of this section:
   (1) "Employee" means an officer, director, agent, trustee,
partner, or employee.
   (2) "Employer" means a corporation, association, organization,
trust, partnership, or sole proprietorship.
   (3) "Corruptly" means that the person specifically intends to
injure or defraud (A) his or her employer, (B) the employer of the
person to whom he or she offers, gives, or agrees to give the money
or a thing of value, (C) the employer of the person from whom he or
she requests, receives, or agrees to receive the money or a thing of
value, or (D) a competitor of any such employer.
   SEC. 282.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (d) 
    (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. 
   (e) 
    (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. 
   (f) 
    (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." 
   (g) 
    (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." 
   (h) 
    (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.  
   (i) 
    (g)  This section shall not apply to conduct that occurs
during labor picketing. 
   (j) 
    (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. 
   (k) 
    (i)  (1) 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.
   (2) This protective order may be issued by the court whether the
defendant is sentenced to state prison, county jail, or if imposition
of sentence is suspended and the defendant is placed on probation.

   (l) 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.  
   (m) 
    (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. 283.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 284.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 285.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (b) 
    (c)    For the purposes of this section, the
terms "special construction equipment" and "vessel" are limited to
motorized vehicles and vessels. 
   (c) 
    (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. 286.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (b) 
    (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. 287.   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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 288.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 289.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 290.    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  Director of
Corrections is incarcerated at a facility operated by the Department
of the Youth Authority   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 Public Safety 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. 291.    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 Public Safety 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. 292.    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 Public Safety 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. 293.   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 Public Safety 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. 294.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 295.    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 Public Safety 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. 296.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 297.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 298.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 299.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (d) 
    (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. 300.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 301.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 302.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 303.    Section 1170.05 is added to the 
 Penal Code   , to read:  
   1170.05.  (a) Notwithstanding any other law, the Secretary of the
Department of Corrections and Rehabilitation is authorized to offer a
program under which inmates specified subdivision (c) and not
precluded by subdivision (d) who have been committed to state prison,
may be allowed to participate in a voluntary alternative custody
program as defined in subdivision (b) in lieu of their confinement in
state prison. In order to qualify for the program an offender need
not be confined in an institution under the jurisdiction of the
Department of Corrections and Rehabilitation. Under this program, one
day of participation in an alternative custody program shall be in
lieu of one day of incarceration in a state prison. Participants in
the program shall receive any sentence reduction credits that they
would have received had they served their sentence in a state prison,
and shall be subject to denial and loss of credit pursuant to
subdivision (a) of Section 2932.
   (b) As used in this section, an alternative custody program shall
include, but not be limited to, the following:
   (1) Confinement to a residential home during the hours designated
by the department.
   (2) Confinement to a residential drug or treatment program during
the hours designated by the department.
   (3) Confinement to a transitional care facility during the hours
designated by the department.
   (c) As provided in this section, the following inmates sentenced
to state prison for a determinate term of imprisonment pursuant to
Section 1170 and who fit one or more of the following criteria shall
be eligible for the alternative custody program authorized by this
section:
   (1) Inmates who have 12 months or less to serve on their term of
confinement.
   (2) Inmates who are 60 years of age or older.
   (3) Inmates who are permanently medically incapacitated with a
medical condition that renders him or her permanently unable to
perform activities of basic daily living.
   (d) An inmate committed to the state prison who meets any of the
following criteria shall not be eligible to participate in the
alternative custody program:
   (1) The person has a current or prior conviction for a violent
offense as defined in Section 667.5.
   (2) The person has a current or prior conviction for an offense
that requires the person to register as a sex offender as provided in
Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.

(3) The person was screened by the department using a validated risk
assessment tool and determined to pose a high risk to reoffend.
   (4) The person has a history, within the last 10 years, of escape
while under juvenile or adult custody, including, but not limited to,
any detention facility, group home, treatment facility, camp, jail,
or state prison facility.
   (e) An alternative custody program shall include the use of
electronic monitoring, global positioning system devices, or other
supervising devices for the purpose of helping to verify a
participant's compliance with the rules and regulations of the
program. The devices shall not be used to eavesdrop or record any
conversation, except a conversation between the participant and the
person supervising the participant which is to be used solely for the
purposes of voice identification.
   (f) The secretary shall prescribe reasonable rules and regulations
under which the alternative custody program shall operate. The
department shall adopt regulations necessary to effectuate this
section, including emergency regulations as provided under Section
5058.3 and adopted pursuant to the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code). The participant shall be informed
in writing that he or she shall comply with the rules and
regulations of the program, including, but not limited to, the
following rules:
   (1) The participant shall remain within the interior premises of
his or her residence during the hours designated by the secretary or
his or her designee.
   (2) The participant shall be subject to search and seizure by a
parole officer or other peace officer at any time of the day or
night, with or without cause. In addition, the perticipant shall
admit any peace officer designated by the secretary of his or her
designee into the participant's residence at any time for purposes of
verifying the participant's compliance with the conditions of his or
her detention. Prior to participation in the alternative custody
program, all participants shall agree in writing to these terms and
conditions.
   (3) The secretary or his or her designee may immediately retake
the participant into custody to serve the balance of his or her
sentence if the electronic monitoring or supervising devices are
unable for any reason to properly perform their function at the
designated place of detention, if the participant fails to remain
within the place of detention as stipulated in the agreement, or if
the participant for any other reason no longer meets the established
criteria under this section.
   (g) Whenever a peace officer supervising a participant has
reasonable suspicion to believe that the participant is not complying
with the rules or conditions of the program, or that the electronic
monitoring devices are unable to function properly in the designated
place of confinement, the peace officer may, under general or
specific authorization of the secretary or his or her designee, and
without a warrant of arrest, retake the participant into custody to
complete the remainder of the original sentence.
   (h) Nothing in this section shall be construed to require the
secretary or his or her designee to allow an inmate to participate in
this program if it appears from the record that the inmate has not
satisfactorily complied with reasonable rules and regulations while
in custody. An inmate shall be eligible for participation in an
alternative custody program only if the secretary or his or her
designee concludes that the inmate meets the criteria for program
participation established under this section and that the inmate's
participation is consistent with any reasonable rules and regulations
prescribed by the secretary.
   (1) The rules and regulations and administrative policies of the
program shall be written and shall be given or made available to any
participant upon request.
   (2) The secretary or his or her designee shall have the sole
discretion concerning whether to permit program participation as an
alternative to custody in state prison.
   (i) The secretary or his or her designee shall permit program
participants to seek and retain employment in the community, attend
psychological counseling sessions or educational or vocational
training classes, or seek medical and dental assistance. Willful
failure of the program participant to return to the place of
detention not later than the expiration of any period of time during
which he or she is authorized to be away from the place of detention
pursuant to this section, unauthorized departures from the place of
detention, or tampering with or disabling, or attempting to tamper
with or disable, an electronic monitoring device shall subject the
participant to a return to custody pursuant to subdivisions (f) and
(g). In addition, participants may be subject to forfeiture of
credits pursuant to the provisions of Section 2932, or to discipline
for violation of rules established by the secretary.
   (j) (1) Notwithstanding any other law, the secretary or his or her
designee shall provide the information specified in paragraph (2)
regarding participants in an alternative custody program to the law
enforcement agencies of the jurisdiction in which persons
participating in an alternative custody program reside.
   (2) The information required by paragraph (1) shall consist of the
following:
   (A) The participant's name, address, and date of birth.
   (B) The offense committed by the participant.
   (C) The period of time the participant will be subject to an
alternative custody program.
   (3) Any information received by a law enforcement agency pursuant
to this subdivision shall be used only for the purpose of monitoring
the impact of an alternative custody program on the community.
   (k) It is the intent of the Legislature that the alternative
custody program established under this section maintain the highest
public confidence, credibility, and public safety. In the furtherance
of these standards, secretary may administer an alternative custody
program pursuant to written contracts with appropriate public
agencies or entities to provide specified program services. No public
agency or entity entering into a contract may itself employ any
person who is in an alternative custody program.
   (l) An inmate participating in this program must voluntarily agree
to all of the provisions of the program in writing, including that
he or she may be returned to confinement at any time with or without
cause, and shall not be charged fees or costs for the program.
   (m) The secretary shall adopt emergency regulations specifically
governing participants in this program. 
   SEC. 304.    Chapter 3 (commencing with Section 1228)
is added to Title 8 of Part 2 of the   Penal Code 
 , to read:  
      CHAPTER 3.  CALIFORNIA COMMUNITY CORRECTIONS PERFORMANCE
INCENTIVES


   1228.  (a) This chapter shall be known and may be cited as the
California Community Corrections Performance Incentives Act of 2009.
   (b) The Legislature finds and declares all of the following:
   (1) In 2007, nearly 270,000 felony offenders were subject to
probation supervision in California's communities.
   (2) In 2007, out of 46,987 new admissions to state prison, nearly
20,000 were felony offenders who were committed to state prison after
failing probation supervision.
   (3) Probation is a judicially imposed suspension of sentence that
attempts to supervise, treat, and rehabilitate offenders while they
remain in the community under the supervision of the probation
department. Probation is a linchpin of the criminal justice system,
closely aligned with the courts, and plays a central role in
promoting public safety in California's communities.
   (4) Providing sustainable funding for improved, evidence-based
probation supervision practices and capacities will improve public
safety outcomes among adult felons who are on probation. Improving
felony probation performance, measured by a reduction in felony
probationers who are sent to prison because they were revoked on
probation or convicted of another crime while on probation, will
reduce the number of new admissions to state prison, saving taxpayer
dollars and allowing a portion of those state savings to be
redirected to probation for investing in community corrections
programs.
   1229.  As used in this chapter, the following definitions apply:
   (a) "Community corrections" means the placement of persons
convicted of a felony offense under probation supervision, with
conditions imposed by a court for a specified period.
   (b) "Chief probation officer" means the chief probation officer
for the county or city and county in which an adult offender is
subject to probation for the conviction of a felony offense.
   (c) "Community corrections program" means a program established
pursuant to this act consisting of a system of felony probation
supervision services dedicated to all of the following goals:
   (1) Enhancing public safety through the management and reduction
of offender risk while under felony probation supervision and upon
reentry from jail into the community.
   (2) Providing a range of probation supervision tools, sanctions,
and services applied to felony probationers based on a risk/needs
assessment for the purpose of reducing criminal conduct and promoting
behavioral change that results in reducing recidivism and promoting
the successful reintegration of offenders into the community.
   (3) Maximizing offender restitution, reconciliation, and
restorative services to victims of crime.
   (4) Holding offenders accountable for their criminal behaviors and
for successful compliance with applicable court orders and
conditions of supervision.
   (5) Improving public safety outcomes for persons placed on
probation for a felony offense, as measured by their successful
completion of probation and commensurate reduction in the rate of
felony probationers sent to prison as a result of a probation
revocation or conviction of a new crime.
   (d) "Evidence-based practices" refers to supervision policies,
procedures, programs, and practices demonstrated by scientific
research to reduce recidivism among individuals under probation,
parole, or postrelease supervision.
   1230.  (a) Each county is hereby authorized to establish in each
county treasury a Community Corrections Performance Incentive Fund
(CCPIF), to receive all amounts allocated to that county for purposes
of implementing this chapter.
   (b) In any fiscal year for which a county receives moneys to be
expended for the implementation of this chapter, the moneys,
including any interest, shall be made available to the chief
probation officer (CPO) of that county, within 30 days of the deposit
of those moneys into the fund, for the implementation of that county'
s community corrections program as authorized by this chapter.
   (1) The community corrections program shall be developed and
implemented by the probation department and advised by a local
Community Corrections Partnership.
   (2) The local Community Corrections Partnership shall be chaired
by the chief probation officer and comprised of the following
membership:
   (A) The presiding judge of the superior court, or his or her
designee.
   (B) A county supervisor or the chief administrative officer for
the county.
   (C) The district attorney.
   (D) The public defender.
   (E) The sheriff.
   (F) A chief of police.
   (G) The head of the county department of social services.
   (H) The head of the county department of mental health.
   (I) The head of the county department of employment.
   (J) The head of the county alcohol and substance abuse programs.
   (K) The head of the county office of education.
   (L) A representative from a community-based organization with
experience in successfully providing rehabilitative services to
persons who have been convicted of a criminal offense.
   (3) Funds allocated to probation pursuant to this act shall be
used to provide supervision and rehabilitative services for adult
felony offenders subject to probation, and shall be spent on
evidence-based community corrections practices and programs, as
defined in subdivision (c) of Section 1229, which may include, but
are not limited to, the following:
   (A) Implementing and expanding evidence-based risk and needs
assessments.
   (B) Implementing and expanding intermediate sanctions that
include, but are not limited to, electronic monitoring, mandatory
community service, home detention, day reporting, restorative justice
programs, work furlough programs, and incarceration in county jail
for up to 90 days.
   (C) Providing more intensive probation supervision.
   (D) Expanding the availability of evidence-based rehabilitation
programs including, but not limited to, drug and alcohol treatment,
mental health treatment, anger management, cognitive behavior
programs, and job training and employment services.
   (E) Evaluating the effectiveness of rehabilitation and supervision
programs and ensuring program fidelity.
   (4) The chief probation officer shall have discretion to spend
funds on any of the above practices and programs consistent with this
act but, at a minimum, shall devote at least 5 percent of all
funding received to evaluate the effectiveness of those programs and
practices implemented with the funds provided pursuant to this
chapter. A chief probation officer may petition the Administrative
Office of the Courts to have this restriction waived, and the
Administrative Office of the Courts shall have the authority to grant
that petition, if the CPO can demonstrate that the department is
already devoting sufficient funds to the evaluation of these programs
and practices.
   (5) Each probation department receiving funds under this chapter
shall maintain a complete and accurate accounting of all funds
received pursuant to this chapter.
   1231.  (a) Community corrections programs funded pursuant to this
act shall identify and track specific outcome-based measures
consistent with the goals of this act.
   (b) The Administrative Office of the Courts, in consultation with
the Chief Probation Officers of California, shall specify and define
minimum required outcome-based measures, which shall include, but not
be limited to, all of the following:
   (1) The percentage of persons on felony probation who are being
supervised in accordance with evidence-based practices.
   (2) The percentage of state moneys expended for programs that are
evidence-based, and a descriptive list of all programs that are
evidence-based.
   (3) Specification of supervision policies, procedures, programs,
and practices that were eliminated.
   (4) The percentage of persons on felony probation who successfully
complete the period of probation.
   (c) Each chief probation officer receiving funding pursuant to
Sections 1233 to 1233.6, inclusive, shall provide an annual written
report to the Administrative Office of the Courts and the Department
of Corrections and Rehabilitation evaluating the effectiveness of the
community corrections program, including, but not limited to, the
data described in subdivision (b).
   (d) The Administrative Office of the Courts shall, in consultation
with the chief probation officer of each county and the Department
of Corrections and Rehabilitation, provide a quarterly statistical
report to the Department of Finance including, but not limited to,
the following statistical information for each county:
   (1) The number of felony filings.
   (2) The number of felony convictions.
   (3) The number of felony convictions in which the defendant was
sentenced to the state prison.
   (4) The number of felony convictions in which the defendant was
granted probation.
   (5) The adult felon probation population.
   (6) The number of felons who had their probation revoked and were
sent to prison for that revocation.
   (7) The number of adult felony probationers sent to state prison
for a conviction of a new felony offense, including when probation
was revoked or terminated.
   1232.  Commencing no later than 18 months following the initial
receipt of funding pursuant to this act and annually thereafter, the
Administrative Office of the Courts, in consultation with the
Department of Corrections and Rehabilitation, the Department of
Finance, and the Chief Probation Officers of California, shall submit
to the Governor and the Legislature a comprehensive report on the
implementation of this act. The report shall include, but not be
limited to, all of the following information:
   (a) The effectiveness of the community corrections program based
on the reports of performance-based outcome measures required in
Section 1231.
   (b) The percentage of felony probationers whose probation was
revoked for the year about which the report is being made.
   (c) The percentage of felony probationers who were convicted of
crimes during their term of probation for the year about which the
report is being made.
   (d) The impact of the moneys appropriated pursuant to this act to
enhance public safety by reducing the percentage and number of felony
probationers whose probation was revoked for the year being reported
on for probation violations or new convictions, and to reduce the
number of felony probationers who are sent to prison for the year
about which the report is being made.
   (e) Any recommendations regarding resource allocations or
additional collaboration with other federal, state, regional, or
local entities, or other for improvements to this act.
   1233.  (a) The Director of Finance, in consultation with the
Department of Corrections and Rehabilitation, the Joint Legislative
Budget Committee, the Chief Probation Officers of California, and the
Administrative Office of the Courts, shall calculate for each county
a baseline probation failure rate that equals the average number of
adult felony probationers sent to state prison during calendar years
2006 to 2008, inclusive, as a percentage of the average adult felony
probation population during the same period.
   (b) For purposes of calculating the baseline probation failure
rate, the number of adult felony probationers sent to prison shall
include those adult felony probationers sent to state prison for a
revocation of probation, as well as adult felony probationers sent to
state prison for a conviction of a new felony offense. The
calculation shall also include adult felony probationers sent to
prison for conviction of a new crime who simultaneously have their
probation term terminated.
   1233.1.  After the conclusion of each calendar year following the
enactment of this section, the Director of Finance, in consultation
with the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall
calculate the following for that calendar year:
   (a) The cost to the state to incarcerate in prison and supervise
on parole a probationer sent to prison. This calculation shall take
into consideration factors, including, but not limited to, the
average length of stay in prison and on parole for probationers, as
well as the associated parole revocation rates, and revocation costs.

   (b) The statewide probation failure rate. The statewide probation
failure rate shall be calculated as the total number of adult felony
probationers statewide sent to prison in the previous year as a
percentage of the statewide adult felony probation population as of
June 30 of that year.
   (c) A probation failure rate for each county. Each county's
probation failure rate shall be calculated as the number of adult
felony probationers sent to prison from that county in the previous
year as a percentage of the county's adult felony probation
population as of June 30 of that year.
   (d) An estimate of the number of adult felony probationers each
county successfully prevented from being sent to prison. For each
county, this estimate shall be calculated based on the reduction in
the county's probation failure rate as calculated annually pursuant
to subdivision (c) of this section and the county's baseline
probation failure rate as calculated pursuant to Section 1233. In
making this estimate, the Director of Finance, in consultation with
the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall adjust
the calculations to account for changes in each county's adult
felony probation caseload in the most recent completed calendar year
as compared to the county's adult felony probation population during
the period 2006 to 2008, inclusive.
   (e) In calculating probation failure rates for the state and
individual counties, the number of adult felony probationers sent to
prison shall include those adult felony probationers sent to state
prison for a revocation of probation, as well as adult felony
probationers sent to state prison for a conviction of a new felony
offense. The calculation shall also include adult felony probationers
who are sent to prison for conviction of a new crime and who
simultaneously have their probation terms terminated.
   1233.2.  Annually, after the conclusion of each calendar year, the
Director of Finance, in consultation with the Department of
Corrections and Rehabilitation, the Joint Legislative Budget
Committee, the Chief Probation Officers of California, and the
Administrative Office of the Courts, shall identify the appropriate
Probation Revocation Tier for each county for which it was estimated
that the county successfully prevented any number of adult felony
probationers from being sent to state prison, as provided in
subdivision (d) of Section 1233.1. The tiers shall be defined as
follows:
   (a) Tier 1. A Tier 1 county is one which has a probation failure
rate, as defined in subdivision (c) of Section 1233.1, that is no
more than 25 percent higher than the statewide probation failure
rate, as defined in subdivision (b) of Section 1233.1.
   (b) Tier 2. A Tier 2 county is one which has a probation failure
rate, as defined in subdivision (c) of Section 1233.1, that is more
than 25 percent above the statewide probation failure rate, as
defined in subdivision (b) of Section 1233.1.
   1233.3.  Annually, the Director of Finance, in consultation with
the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall
calculate a probation failure reduction incentive payment for each
eligible county, pursuant to Section 1233.2, for the most recently
completed calendar year, as follows:
   (a) For a county identified as being in Tier 1, as defined in
subdivision (a) of Section 1233.2, its probation failure reduction
incentive payment shall equal the estimated number of probationers
successfully prevented from being sent to prison, as defined by
subdivision (d) of Section 1233.1, multiplied by 45 percent of the
costs to the state to incarcerate in prison and supervise on parole a
probationer who was sent to prison, as defined in subdivision (a) of
Section 1233.1.
                                                       (b) For a
county identified as being in Tier 2, as defined in subdivision (b)
of Section 1233.2, its probation failure reduction incentive payment
shall equal the estimated number of probationers successfully
prevented from being sent to prison, as defined by subdivision (d) of
Section 1233.1, multiplied by 40 percent of the costs to the state
to incarcerate in prison and supervise on parole a probationer who
was sent to prison, as defined in subdivision (a) of Section 1233.1.
   1233.4.  (a) It is the intent of the Legislature for counties
demonstrating high success rates with adult felony probationers to
have access to performance-based funding, as provided for in this
section.
   (b) On an annual basis, the Department of Finance, in consultation
with the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall
calculate 5 percent of the savings to the state attributed to those
counties that successfully reduce the number of adult felony
probationers sent to state prison.
   (c) The savings estimated pursuant to subdivision (b) shall be
used to provide high performance grants to county probation
departments for the purpose of bolstering evidence-based probation
practices designed to reduce recidivism among adult felony
probationers.
   (d) County probation departments eligible for these high
performance grants shall be those with adult probation failure rates
more than 50 percent below the statewide average in the most recently
completed calendar year.
   (e) A county probation department may receive a high performance
grant under this section in a year in which it does not also receive
a probation failure reduction incentive payment as provided for in
Section 1233.3. The CPO of a county that qualifies for both a high
performance grant and a probation failure reduction incentive payment
shall indicate to the Administrative Office of the Courts, by a date
designated by the Administrative Office of the Courts, whether the
CPO chooses to receive the high performance grant or probation
failure reduction payment.
   (f) The grants provided for in this section shall be administered
by the Administrative Office of the Courts. The Administrative Office
of the Courts shall seek to ensure that all qualifying probation
departments that submit qualifying applications receive a
proportionate share of the grant funding available based on the
population of adults ages 18 to 25, inclusive, in each of the
counties receiving the grants.
   1233.5.  If data of sufficient quality and of the types required
for the implementation of this act are not available to the Director
of Finance, then the Director of Finance, in consultation with the
Department of Corrections and Rehabilitation, the Joint Legislative
Budget Committee, and the Administrative Office of the Courts, shall
use the best available data to estimate probation failure reduction
incentive payments and high performance grants utilizing a
methodology that is as consistent with that described in this act as
is reasonably possible.
   1233.6.  (a) Probation failure reduction incentive payments and
high performance grants calculated for any calendar year shall be
provided to counties in the following fiscal year. The total annual
payment to each county shall be divided into four equal quarterly
payments.
   (b) The Department of Finance shall include an estimate of the
total probation failure reduction incentive payments and high
performance grants to be provided to counties in the coming fiscal
year as part of the Governor's proposed budget released no later than
January 10 of each year. This estimate shall be adjusted by the
Department of Finance, as necessary, to reflect the actual
calculations of probation revocation incentive payments and high
performance grants completed by the Director of Finance, in
consultation with the Department of Corrections and Rehabilitation,
the Joint Legislative Budget Committee, the Chief Probation Officers
of California, and the Administrative Office of the Courts. This
adjustment shall occur as part of standard budget revision processes
completed by the Department of Finance in April and May of each year.

   (c) There is hereby established a State Community Corrections
Performance Incentives Fund. Moneys budgeted for purposes of
providing probation revocation incentive payments and high
performance grants authorized in Sections 1230 to 1233.6, inclusive,
shall be deposited into this fund. Any moneys deposited into this
fund shall be administered by the Administrative Office of the Courts
and the share calculated for each county probation department shall
be transferred to its Community Corrections Performance Incentives
Fund authorized in Section 1230. The Legislature may allocate up to 3
percent of the funds annually deposited into the State Community
Corrections Performance Incentives Fund for use by the Administrative
Office of the Courts for the costs of administering this program.
   1233.7.  The moneys appropriated pursuant to this chapter shall be
used to supplement, not supplant, any other state or county
appropriation for the chief probation officer or the probation
department.
   1233.8.  This chapter shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date. 
   SEC. 305.    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 360 days of credit shall be denied or lost for
the willful failure to return to the place of detention, unauthorized
departure from the place of detention, or tampering, disabling, or
attempted tampering or disabling of an electronic monitoring device,
for participants in an alternative custody program as provided in
Section 1170.05.  
   (2) 
    (3)  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) 
    (4) 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) 
    (5)  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. 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  , or any person who willfully fails to return to the
place of detention, departs from the place of detention without
authorization, or tampers, disables, or attempts to tamper or disable
an electronic monitoring device while participating in an
alternative custody program as provided in Section 1170.05, 
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 Director of Corrections 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 of Corrections 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 of Corrections for serious
disciplinary infractions if those procedures are not in conflict with
this section.
   (1) (A) The Department of Corrections 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 Director of Corrections. 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 of Corrections 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 of Corrections' 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 Prison Terms, 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 3041.5.
   (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 of Corrections 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 of Corrections 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.
   SEC. 306.    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  Director
of Corrections for performance in work, training or education
programs established by the Director of Corrections. 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   Secretary of the Department of
Corrections and Rehabilitation pursuant to this section and Section
2933.05  .  For 
    (b)     For  every six months of
 full-time performance in a credit qualifying program, as
designated by the director   continuous incarceration
 , 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   incarceration. 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   secretary. Prisoners who are
 denied the opportunity to earn  worktime 
credits pursuant to subdivision (a) of Section 2932 shall be awarded
no  worktime  credit reduction  pursuant to this
section  .  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) 
    (c)   Worktime credit   Credit
 is a privilege, not a right.  Worktime credit 
 Credit  must be earned and may be forfeited pursuant to the
provisions of Section 2932. Except as provided in subdivision (a) of
Section 2932, every  eligible  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) 
    (d)  Under regulations adopted by the Department of
Corrections  and Rehabilitation  , 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  director  
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  
as  specified in paragraph (1) of subdivision (a) of Section
2932, the Department of Corrections  and Rehabilitation  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   secretary
 . 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 of
Corrections  and Rehabilitation's  review procedure, which
shall include a review by an individual independent of the
institution who has supervisorial authority over the institution.

   (e) A prisoner sentenced to the state prison under Section 1170
shall receive one day of credit for every day served in a county
jail, city jail, industrial farm, or road camp after the date he or
she was sentenced to the state prison as specified in subdivision (g)
of Section 4019.  
   (d) 
    (f)  The provisions of subdivision  (c)
  (d)  shall also apply in cases of credit
forfeited under Section 2931 for offenses and serious disciplinary
infractions occurring on or after January 1, 1983.
   SEC. 307.    Section 2933.05 is added to the 
 Penal Code   , to read:  
   2933.05.  (a) In addition to any credit awarded pursuant to
Section 2933, the department may also award a prisoner program credit
reductions from his or her term of confinement as provided in this
section. Within 90 days of the enactment of this section, the
secretary shall promulgate regulations that provide for credit
reductions for inmates who successfully complete specific program
performance objectives for approved rehabilitative programming
ranging in credit reduction of not less than one week to credit
reduction of no more than six weeks for each performance milestone.
Regulations promulgated pursuant to this subdivision shall specify
the credit reductions applicable to distinct objectives in a schedule
of graduated program performance objectives concluding with the
successful completion of an in-prison rehabilitation program.
Commencing upon the promulgation of those regulations, the department
shall thereafter calculate and award credit reductions authorized by
this section. However, a prisoner may not have his or her term of
imprisonment reduced more than six weeks for credits awarded pursuant
to this section during any 12-month period of continuous
confinement.
   (b) Program credit is a privilege, not a right. Prisoners shall
have a reasonable opportunity to participate in program credit
qualifying assignments in a manner consistent with institutional
security and available resources. Assignments made to program credit
qualifying programs shall be made in accordance with the prisoner's
case plan, when available.
   (c) As used in this section, "approved rehabilitation programming"
shall include, but is not limited to, academic programs, vocational
programs, vocational training, and core programs such as anger
management and social life skills, and substance abuse programs.
   (d) Credits awarded pursuant to this section may be forfeited
pursuant to the provisions of Section 2932. Inmates shall not be
eligible for program credits that result in an inmate overdue for
release.
   (e) The following prisoners shall not be eligible for program
credits pursuant to this section:
   (1) Any person serving a term of imprisonment for an offense
specified in subdivision (c) of Section 667.5.
   (2) Any person sentenced to state prison pursuant to Section
1170.12 or subdivisions (b) to (i), inclusive, of Section 667.
   (3) Any person required to register as a sex offender pursuant to
Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.
   (4) Any person serving a term of imprisonment as a result of a
violation of parole without a new term. 
                                                          SEC.
308.    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  or Section
2933.05  .
   (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.
   SEC. 309.    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
  incarceration  pursuant to Section 2933 shall
instead earn two days of  worktime  credit for every
one day of service.  This   The  enhanced
 worktime  credit  authorized pursuant to this
subdivision  shall only apply to  service performed
  those prisoners eligible  after January 1, 2003.

   (b) Notwithstanding any other law, any inmate who has completed
training for assignment to a conservation camp or to a correctional
institution as an inmate firefighter or who is assigned to a
correctional institution as an inmate firefighter and who is eligible
to earn one day of credit for every one day of incarceration
pursuant to Section 2933 shall instead earn two days of credit for
every one day served in that assignment or after completing that
training.  
   (c) In addition to credits granted pursuant to subdivision (a) or
(b), inmates who have successfully completed training for firefighter
assignments shall receive a credit reduction from his or her term of
confinement pursuant to regulations adopted by the secretary. 

   (d) The credits authorized in subdivisions (b) and (c) shall only
apply to inmates who are eligible after July 1, 2009. 
   SEC. 310.    Section 2933.4 of the   Penal
Code   is amended and renumbered to read:
    2933.4.   3050.   (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 in prison
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.
   SEC. 311.    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
  article  .
   (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.
   SEC. 312.    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  , Psychiatric Services Unit,
Behavioral Management Unit,  or an Administrative Segregation
Unit for misconduct described in subdivision (b)  or upon
validation as a prison gang member or associate  is ineligible
to earn  work credits or good behavior  credits 
pursuant to Section 2933 or 2933.05  during the time he or she
is in the Security Housing Unit  , Psychiatric Services Unit,
Behavioral Management 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.
   SEC. 313.    Section 2934 of the   Penal
Code   is amended to read: 
   2934.  Under rules prescribed by the  Director of
Corrections   Secretary of the Department of Corrections
and Rehabilitation  , a prisoner subject to the provisions of
Section 2931 may waive the right to receive time credits as provided
in Section 2931 and be subject to the provisions of Section 2933. In
order to exercise a waiver under this section, a prisoner must apply
in writing to the Department of Corrections. A prisoner exercising a
waiver under this section shall retain only that portion of good
behavior and participation credits, which have not been forfeited
pursuant to Section 2932, attributable to the portion of the sentence
served by the prisoner prior to the effective date of the waiver. A
waiver under this section shall, if accepted by the department,
become effective at a time to be determined by the  Director
of the Department of Corrections   Secretary of the
Department of Corrections and Rehabilitation  .
   SEC. 314.    Section 2935 of the   Penal
Code   is amended to read: 
   2935.  Under the guidelines prescribed by the rules and
regulations of the director, the  Director of Corrections
  Secretary of the Department of Corrections  
and Rehabilitation  may grant up to 12 additional months of
reduction of the sentence to a prisoner who has performed a heroic
act in a life-threatening situation, or who has provided exceptional
assistance in maintaining the safety and security of a prison.
   SEC. 315.    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  effective  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,  or  as 
otherwise  provided in this  section  
article  .
   (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 of Corrections and
Rehabilitation 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 who are subject to Section 290.011 who are on
parole to engage them in treatment.
   SEC. 316.   Section 3000.03 is added to the 
 Penal Code   , to read:  
   3000.03.  Notwithstanding any other provision of law, the
Department of Corrections and Rehabilitation shall not return to
prison, place a parole hold on pursuant to Section 3056, or report
any parole violation to the Board of Parole Hearings regarding any
person to whom all of the following criteria apply:
   (a) The person is not required to register as a sex offender
pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of
Part 1.
   (b) The person was not committed to prison for a serious felony as
defined in Sections 1192.7 and 1192.8, or a violent felony, as
defined in Section 667.5, and does not have a prior conviction for a
serious felony, as defined in Section 1192.7 and 1192.8, or a violent
felony, as defined in Section 667.5.
   (c) The person was not committed to prison for a sexually violent
offense as defined in subdivision (b) of Section 6600 of the Welfare
and Institutions Code and does not have a prior conviction for a
sexually violent offense as defined in subdivision (b) of Section
6600 of the Welfare and Institutions Code.
   (d) The person was not found guilty of a serious disciplinary
offense, as defined in regulation by the department, during his or
her current term of imprisonment.
   (e) The person is not a validated prison gang member or associate,
as defined in regulation by the department.
   (f) The person did not refuse to sign any written notification of
parole requirements or conditions, including, but not limited to, the
written notification of requirements pursuant to Section 3067.
   (g) The person was evaluated by the department using a validated
risk assessment tool and was not determined to pose a high risk to
reoffend. 
   SEC. 317.    Article 2.3 (commencing with Section
3015) is added to Chapter 8 of Title 1 of Part 3 of the  
Penal Code   , to read:  

      Article 2.3.  Parole Reentry Accountability Program


   3015.  (a) The Secretary of the Department of Corrections and
Rehabilitation shall establish a parole reentry accountability
program for parolees who have been sentenced to a term of
imprisonment under Section 1170. The purpose of the program is to
promote public safety, hold parolees accountable, and reduce
recidivism.
   (b) The department shall employ a parole violation decisionmaking
instrument to determine the most appropriate sanctions for these
parolees who violate their conditions of parole.
   (1) For purposes of this subdivision, a "parole violation
decisionmaking instrument" means a standardized tool that provides
ranges of appropriate sanctions for parole violators given relevant
case factors, including, but not limited to, offense history, risk of
reoffense based on a validated risk assessment tool, need for
treatment services, the number and type of current and prior parole
violations, and other relevant statutory requirements.
   (2) The department shall adopt emergency regulations to implement
this section initially, and shall subsequently adopt permanent
regulations that make appropriate changes in policies and procedures
to reflect the intent of this section.
   (c) The secretary shall have the discretion to establish
additional tools and standards to further the purposes of this
section.
   (d) Parolees subject to this program with a history of substance
abuse or mental illness who violate their conditions of parole may be
referred by the department to a reentry court program established
pursuant to subdivision (e).
   (1) A parolee who is deemed eligible by the department to
participate in a reentry court program may be referred by his or her
parole officer for participation in the program. The court shall have
the discretion to determine if the parolee will be admitted into the
program and, in making this determination, shall consider, among
other factors, whether the parolee will benefit from the program, the
risk the parolee poses to the community, and the history and nature
of the committing offense.
   (2) If the court determines that the parolee will be admitted into
the program, the court, with the assistance of the parolee's parole
agent, shall have exclusive authority to determine the appropriate
conditions of parole, order rehabilitation and treatment services to
be provided, determine appropriate incentives, order appropriate
sanctions, lift parole holds, and hear and determine appropriate
responses to alleged violations, unless and until the court
terminates the parolee's enrollment in the program authorized by
subdivision (e).
   (3) A reentry court program plan shall include, but not be limited
to, all of the following:
   (A) The anticipated number of parolees who will be served by the
program.
   (B) The method by which each parolee who is eligible for the
program shall be referred to the program.
   (C) The method by which each parolee is to be individually
assessed as to his or her treatment and rehabilitative needs and the
level of community and court monitoring required by the program.
   (D) The criteria for continued participation in, and successful
completion of, the program, as well as the criteria for termination
from the program and referral to the parole revocation process.
   (E) A description of how the program shall be administered
effectively.
   (F) An established method by which to report outcome measures for
program participants.
   (G) The development of a program team, as well as a plan for
ongoing training in utilizing the drug court and collaborative court
nonadversarial model.
   (e) (1) Subject to funding made available for this purpose, the
secretary shall enter into a memorandum of understanding with the
Administrative Office of the Courts for the purpose of the
establishment and operation of parolee reentry court programs. Only
courts with existing drug and mental health courts or courts that
otherwise demonstrate leadership and a commitment to conduct the
reentry court authorized by this section may participate in this
program. These parolee reentry court programs shall, with the
assistance of the parolee's parole agent, direct the treatment and
supervision of parolees who would benefit from community drug
treatment or mental health treatment. The purpose of reentry court
programs created pursuant to this subdivision is to promote public
safety, hold parolees accountable, and reduce recidivism. The program
shall include key components of drug and collaborative courts using
a highly structured model, including close supervision and
monitoring, dedicated calendars, nonadversarial proceedings, frequent
drug and alcohol testing, and close collaboration between the
respective entities involved to improve the parolee's likelihood of
success on parole.
   (2) The Judicial Council, in collaboration with the department,
shall design and perform an evaluation of the program that will
assess its effectiveness in reducing recidivism among parolees and
reducing parole revocations.
   (3) The Judicial Council, in collaboration with the department,
shall submit a final report of the findings from its evaluation of
the program to the Legislature and the Governor no later than 3 years
after the establishment of a reentry court pursuant to this section.

   SEC. 318.    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 
    (b)     (1)     Except as
provided in Section 2933.1 and paragraph (2), subject  to the
provisions of subdivision (d), for each  six-day 
 four-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. 
   (2) If the prisoner is required to register as a sex offender
pursuant to Chapter 5.5 (commencing with Section 290), was committed
for a serious felony, as defined in Section 1192.7, or has a prior
conviction for a serious felony, as defined in Section 1192.7, or a
violent felony, as defined in Section 667.5, subject to the
provisions of subdivision (d), for each six-day period in which the
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 
    (c)     (1)     Except as
provided in Section 2933.1 and paragraph (2), for  each
 six-day   four-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. 
   (2) If the prisoner is required to register as a sex offender
pursuant to Chapter 5.5 (commencing with Section 290), was committed
for a serious felony, as defined in Section 1192.7, or has a prior
conviction for a serious felony, as defined in Section 1192.7, or a
violent felony, as defined in Section 667.5, for each six-day period
in which the 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 is 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   four 
days or longer  , or six days or longer for persons described in
paragraph (2) of subdivision (b) or (c)  .
   (f) It is the intent of the Legislature that if all days are
earned under this section, a term of  six   four
 days will be deemed to have been served for every 
four   two  days spent in actual custody  ,
except that a term of six days will be deemed to have been served for
every   four days spent in actual custody for persons
described in paragraph (2) of subdivision (b) or (c) .
   SEC. 319.    Section 4532 of the   Penal
Code   is amended to read: 
   4532.  (a) (1) Every prisoner arrested and booked for, charged
with, or convicted of a misdemeanor, and every person committed under
the terms of Section 5654, 5656, or 5677 of the Welfare and
Institutions Code as an inebriate, who is confined in any county or
city jail, prison, industrial farm, or industrial road camp, is
engaged on any county road or other county work, is in the lawful
custody of any officer or person, is employed or continuing in his or
her regular educational program or authorized to secure employment
or education away from the place of confinement, pursuant to the
Cobey Work Furlough Law (Section 1208), is authorized for temporary
release for family emergencies or for purposes preparatory to his or
her return to the community pursuant to Section 4018.6, or is a
participant in a home detention program pursuant to Section 1203.016
 ,   or an alternative custody program as
provided in Section 1170.05  and who thereafter escapes or
attempts to escape from the county or city jail, prison, industrial
farm, or industrial road camp or from the custody of the officer or
person in charge of him or her while engaged in or going to or
returning from the county work or from the custody of any officer or
person in whose lawful custody he or she is, or from the place of
confinement in a home detention program pursuant to Section 1203.016
 ,   or an alternative custody program as
provided in Section 1170.05  is guilty of a felony and, if the
escape or attempt to escape was not by force or violence, is
punishable by imprisonment in the state prison for a determinate term
of one year and one day, or in a county jail not exceeding one year.

   (2) If the escape or attempt to escape described in paragraph (1)
is committed by force or violence, the person is guilty of a felony,
punishable by imprisonment in the state prison for two, four, or six
years to be served consecutively, or in a county jail not exceeding
one year. When the second term of imprisonment is to be served in a
county jail, it shall commence from the time the prisoner otherwise
would have been discharged from jail.
   (3) A conviction of a violation of this subdivision, or a
violation of subdivision (b) involving a participant of a home
detention program pursuant to Section 1203.016 or an alternative
custody program as provided in Section 1170.05  , that is not
committed by force or violence, shall not be charged as a prior
felony conviction in any subsequent prosecution for a public offense.

   (b) (1) Every prisoner arrested and booked for, charged with, or
convicted of a felony, and every person committed by order of the
juvenile court, who is confined in any county or city jail, prison,
industrial farm, or industrial road camp, is engaged on any county
road or other county work, is in the lawful custody of any officer or
person,  or  is confined pursuant to Section
4011.9,  or  is a participant in a home detention program
pursuant to Section 1203.016  ,   or an
alternative custody program as provided in Section 1170.05  who
escapes or attempts to escape from a county or city jail, prison,
industrial farm, or industrial road camp or from the custody of the
officer or person in charge of him or her while engaged in or going
to or returning from the county work or from the custody of any
officer or person in whose lawful custody he or she is,  or
 from confinement pursuant to Section 4011.9, or from the
place of confinement in a home detention program pursuant to Section
1203.016  ,   or an alternative custody program
as provided in Section 1170.05  is guilty of a felony and, if
the escape or attempt to escape was not by force or violence, is
punishable by imprisonment in the state prison for 16 months, two
years, or three years, to be served consecutively, or in a county
jail not exceeding one year.
   (2) If the escape or attempt to escape described in paragraph (1)
is committed by force or violence, the person is guilty of a felony,
punishable by imprisonment in the state prison for a full term of
two, four, or six years to be served consecutively to any other term
of imprisonment, commencing from the time the person otherwise would
have been released from imprisonment and the term shall not be
subject to reduction pursuant to subdivision (a) of Section 1170.1,
or in a county jail for a consecutive term not to exceed one year,
that term to commence from the time the prisoner otherwise would have
been discharged from jail.
   (c) (1) 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
offense under this section in that he or she escaped or attempted to
escape from a secure main jail facility, from a court building, or
while being transported between the court building and the jail
facility  or as a participant in an alternative custody program
pursuan   t to Section 1170.05  .
   (2) In any case in which a person is convicted of a violation of
this section designated as a misdemeanor, he or she shall be confined
in a 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.
   (3) For the purposes of this subdivision, "main jail facility"
means the facility used for the detention of persons pending
arraignment, after arraignment, during trial, and upon sentence or
commitment. The facility shall not include an industrial farm,
industrial road camp, work furlough facility, or any other nonsecure
facility used primarily for sentenced prisoners. As used in this
subdivision, "secure" means that the facility contains an outer
perimeter characterized by the use of physically restricting
construction, hardware, and procedures designed to eliminate ingress
and egress from the facility except through a closely supervised gate
or doorway.
   (4) If the court grants probation under this subdivision, it shall
specify the reason or reasons for that order on the court record.
   (5) Any sentence imposed under this subdivision shall be served
consecutive to any other sentence in effect or pending.
   (d) The willful failure of a prisoner, whether convicted of a
felony or a misdemeanor, to return to his or her place of confinement
no later than the expiration of the period that he or she was
authorized to be away from that place of confinement, is an escape
from that place of confinement. This subdivision applies to a
prisoner who is employed or continuing in his or her regular
educational program, authorized to secure employment or education
pursuant to the Cobey Work Furlough Law (Section 1208), authorized
for temporary release for family emergencies or for purposes
preparatory to his or her return to the community pursuant to Section
4018.6, or permitted to participate in a home detention program
pursuant to Section 1203.016  or an alternative custody program
as provided in Section 1170.05  . A prisoner convicted of a
misdemeanor who willfully fails to return to his or her place of
confinement under this subdivision shall be punished as provided in
paragraph (1) of subdivision (a). A prisoner convicted of a felony
who willfully fails to return to his or her place of confinement
shall be punished as provided in paragraph (1) of subdivision (b).

   (e) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 320.    Section 4600 of the   Penal
Code   is amended to read: 
   4600.  (a) Every person who willfully and intentionally breaks
down, pulls down, or otherwise destroys or injures any jail, prison,
or any public property in any jail or prison, is punishable by a fine
not exceeding ten thousand dollars ($10,000), and by imprisonment in
the state prison, except that where the damage or injury to any
city, city and county, or county jail property or prison property is
determined to be  four hundred dollars ($400)  
nine hundred fifty dollars ($950)  or less, that person is
guilty of a misdemeanor.
   (b) In any case in which a person is convicted of violating this
section, the court may order the defendant to make restitution to the
public entity that owns the property damaged by the defendant. The
court shall specify in the order that the public entity that owns the
property damaged by the defendant shall not enforce the order until
the defendant satisfies all outstanding fines, penalties,
assessments, restitution fines, and restitution orders.
   SEC. 321.    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 California codes.
   (b) 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.
   (c) 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 Public Safety Commission comprised of individuals who will
provide a reasoned, balanced, and experienced 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.
   (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 public, and the legitimacy of its
operations as perceived by all affected communities.
   4952.  (a) There is hereby established the California Public
Safety Commission, a permanent, independent agency in state
government. Every reference in the California codes to a sentencing
commission is to the California Public Safety Commission.
   (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) (1) The commission shall be composed of 13 voting
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. One member shall be a
sitting or retired trial court judge appointed by the Chief Justice
of the California Supreme Court. One member shall be the State Public
Defender. The Governor shall appoint eight voting members, subject
to confirmation by the Senate: a California district attorney
recommended by the California District Attorney Association, a county
sheriff recommended by the California State Sheriffs Association, a
chief of police recommended by the California Police Chiefs
Association, two academic experts in criminal justice policy, a chief
probation officer recommended by the Chief Probation Officers of
California, a public defender with expertise in inmate or inmate
family rights recommended by the California Public Defenders
Association, and a legal scholar with expertise in sentencing law.
There shall also be three nonvoting members, one ex-felon appointed
by the Speaker of the Assembly, one crime victim appointed by the
Governor, and one member who shall be either a county mental health
director or a substance abuse expert with substantial experience in
offender treatment appointed by the Senate Committee on Rules, none
of whom shall be subject to confirmation by the Senate.
   (b) On July 1, 2013, the terms of the nonvoting members, the
sitting or retired trial court judge, the public defender, the
district attorney, the chief of police, and the sheriff shall expire.
On July 1, 2014, the terms of the probation officer, the sitting or
retired appellate court justice, the experts in criminal justice, and
the legal scholar 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.
   (c) 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.
   (d) The commission shall establish committees as it deems
necessary.
   4954.  (a) The California Public Safety Commission shall perform
the following initial duties:
   (1) No later than June 1, 2012, 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 majority vote of the
Legislature and signed by the Governor, the rules shall become
operative on that date.
   (2) No later than July 1, 2013, 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 Public Safety 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.
   (4) Prepare population projections for the correctional system
whenever new sentencing or parole rules, laws, or initiatives
affecting criminal law and punishment are proposed.
   (5) Serve as a resource and information center with respect to
state and local sentencing policy.
   (6) 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.
   (7) Collect information on, and, where necessary, conduct periodic
surveys of, the correctional populations and resources of the state.

   (8) Assemble information on the effectiveness of sentences imposed
and served in meeting the purposes set forth in Section 4951.
   (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
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
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 shall do 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 information to government officials, government
agencies, the courts, the bar, and the public on sentencing rules,
sentencing policies, sentencing proposals, and
                    sentencing practices.
   (3) 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, 2014, 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 not take any position either supporting
or opposing any proposed legislation or ballot initiative.
   (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) 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.
   (j) 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. However, these recommendations shall
not be binding.
   (k) 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) Consistent with Section 28 of Article I of the California
Constitution, 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, 2008, 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 the inclusion of criminal
histories of defendants as a factor in the determination of
presumptive sentences, as an aggravating factor enumerated as a
grounds for departure from a presumptive sentence, or as a component
of other presumptive provisions.
   (2) The commission may consider limitations periods after which
offenders' prior convictions and juvenile adjudications should not be
taken into account to enhance a 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.
   (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) (1) Upon request from the commission, each agency and
department of state government shall make its services, equipment,
personnel, facilities, and information available to the greatest
practicable extent to the commission in the execution of its
functions. Information that is privileged under state or federal law
is exempted from this section.
   (2) State agencies shall inform the commission if the information
requested is not available. If the commission is informed by a state
agency that information is not available, the commission may then
request that information from a local law enforcement agency which
may provide that information to the greatest extent practical.
   (b) Upon request from the commission, state law enforcement
agencies, including parole officers, shall supply arrest and criminal
history records to the commission. County probation departments may
provide copies of presentence reports to the commission, upon
request.
   (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 enhancement for which an additional or different
term of imprisonment is authorized shall apply unless that provision
has been made subordinate to this title.
   (d) Nothing in this title shall preclude the application of terms
of imprisonment established by any statutory provisions added or
amended by initiative acts.
   (e) 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 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. 322.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 323.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 324.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (c) 
    (d)    As used in this section, "body vest"
means any bullet-resistant material intended to provide ballistic and
trauma protection for the wearer.
   SEC. 325.    Section 12022.3 of the   Penal
Code   is amended to read: 
   12022.3.  For each violation of Section 220 involving a specified
sexual offense, or 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. 
   (c) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 326.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 327.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 328.    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.
   (l) 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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 329.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 330.    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 sixty-five thousand dollars ($65,000), 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 two hundred thousand dollars ($200,000),
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 three hundred thousand dollars
($1,300,000), 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 three million two hundred thousand dollars
($3,200,000), 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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (e) 
    (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. 
   (f) 
    (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,
2018, and as of that date is repealed unless a later enacted statute,
which is enacted before January 1, 2018, deletes or extends that
date.
   SEC. 331.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 332.    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 Public Safety 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. 333.    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 of Section 220 involving a specified sexual offense, or 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 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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 334.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   (c) 
    (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. 335.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules.  
   Nothing 
    (c)     Nothing in this section shall
be construed as affecting the applicability of subdivision (a) of
Section 187.
   SEC. 336.    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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 337.    Section 14591 of the   Public
Resources Code   is amended to read: 
   14591.  (a) Except as provided in subdivision (b), in addition to
any other applicable civil or criminal penalties, any person
convicted of a violation of this division is guilty of an infraction,
which is punishable by a fine of one hundred dollars ($100) for each
initial separate violation and not more than one thousand dollars
($1,000) for each subsequent separate violation per day.
   (b) (1) Every person who, with intent to defraud, takes any of the
following actions is guilty of fraud:
   (A) Submits a false or fraudulent claim for payment pursuant to
Section 14573 or 14573.5.
   (B) Fails to accurately report the number of beverage containers
sold, as required by subdivision (b) of Section 14550.
   (C) Fails to make payments as required by Section 14574.
   (D) Redeems out-of-state containers, rejected containers, line
breakage, or containers that have already been redeemed.
   (E) Returns redeemed containers to the marketplace for 
redemption .   redemption. 
   (F) Brings out-of-state containers, rejected containers, or line
breakage to the marketplace for redemption.
   (G) Submits a false or fraudulent claim for handling fee payments
pursuant to Section 14585.
   (2) If the money obtained or withheld pursuant to paragraph (1)
exceeds  four hundred dollars ($400)   nine
hundred fifty dollars ($950)  , the fraud is punishable by
imprisonment in the county jail for not more than one year or by a
fine not exceeding ten thousand dollars ($10,000), or by both, or by
imprisonment in the state prison for 16 months, two years, or three
years, or by a fine not exceeding twenty-five thousand dollars
($25,000) or twice the late or unmade payments plus interest,
whichever is greater, or by both fine and imprisonment. If the money
obtained or withheld pursuant to paragraph (1) equals, or is less
than,  four hundred dollars ($400)   nine
hundred fifty dollars ($950)  , the fraud is punishable by
imprisonment in the county jail for not more than six months or by a
fine not exceeding one thousand dollars ($1,000), or by both.
   (c)  For purposes of this section and Chapter 8.5 (commencing with
Section 14595), "line breakage" and "rejected container" have the
same meanings as defined in the regulations adopted or amended by the
department pursuant to this division.
   SEC. 338.    Section 41955 of the   Public
Resources Code   is amended to read: 
   41955.  If the value of the stolen material is more than fifty
dollars ($50), but less than  four hundred dollars ($400)
  nine hundred fifty dollars ($950) , a violation
of this part may be charged as either a misdemeanor or an infraction.
A violation after a second conviction within a 12-month period shall
be charged as a misdemeanor punishable pursuant to Section 19 of the
Penal Code.
  SEC. 339.    Section 19706 of the   Revenue
and Taxation Code   is amended to read: 
   19706.   (a)    Any person or any officer or
employee of any corporation who, within the time required by or under
the provisions of this part, willfully fails to file any return or
to supply any information with intent to evade any tax imposed by
Part 10 (commencing with Section 17001) or Part 11 (commencing with
Section 23001), or who, willfully and with like intent, makes,
renders, signs, or verifies any false or fraudulent return or
statement or supplies any false or fraudulent information, is
punishable by imprisonment in  the   a 
county jail not to exceed one year, or in the state prison, or by
fine of not more than twenty thousand dollars ($20,000), or by both
 the   that  fine and imprisonment, at the
discretion of the court, together with the costs of investigation and
prosecution. 
   (b) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 340.    Section 4463 of the   Vehicle
Code   is amended to read: 
   4463.  (a) A person who, with intent to prejudice, damage, or
defraud, commits any of the following acts is guilty of a felony and
upon conviction thereof shall be punished by imprisonment in the
state prison for 16 months or two or three years, or by imprisonment
in a county jail for not more than one year:
   (1) Alters, forges, counterfeits, or falsifies a certificate of
ownership, registration card, certificate, license, license plate,
device issued pursuant to Section 4853, special plate, or permit
provided for by this code or a comparable certificate of ownership,
registration card, certificate, license, license plate, device
comparable to that issued pursuant to Section 4853, special plate, or
permit provided for by any foreign jurisdiction, or alters, forges,
counterfeits, or falsifies the document, device, or plate with intent
to represent it as issued by the department, or alters, forges,
counterfeits, or falsifies with fraudulent intent an endorsement of
transfer on a certificate of ownership or other document evidencing
ownership, or with fraudulent intent displays or causes or permits to
be displayed or have in his or her possession a blank, incomplete,
canceled, suspended, revoked, altered, forged, counterfeit, or false
certificate of ownership, registration card, certificate, license,
license plate, device issued pursuant to Section 4853, special plate,
or permit.
   (2) Utters, publishes, passes, or attempts to pass, as true and
genuine, a false, altered, forged, or counterfeited matter listed in
paragraph (1) knowing it to be false, altered, forged, or
counterfeited.
   (b) A person who, with intent to prejudice, damage, or defraud,
commits any of the following acts is guilty of a misdemeanor, and
upon conviction thereof shall be punished by imprisonment in a county
jail for six months or by a fine of not less than five hundred
dollars ($500) or more than one thousand dollars ($1,000), or by both
that fine                                             and
imprisonment, which penalty shall not be suspended:
   (1) Forges, counterfeits, or falsifies a disabled person placard
or a comparable placard relating to parking privileges for disabled
persons provided for by a foreign jurisdiction, or forges,
counterfeits, or falsifies a disabled person placard with intent to
represent it as issued by the department.
   (2) Passes, or attempts to pass, as true and genuine, a false,
forged, or counterfeit disabled person placard knowing it to be
false, forged, or counterfeited.
   (3) Acquires, possesses, sells, or offers for sale a genuine or
counterfeit disabled person placard.
   (c) A person who, with fraudulent intent, displays or causes or
permits to be displayed any forged, counterfeit, or false disabled
person placard, is guilty of a misdemeanor, and upon conviction
thereof shall be punished by imprisonment in a county jail for six
months or by a fine of not less than five hundred dollars ($500) or
more than one thousand dollars ($1,000), or by both that fine and
imprisonment, which penalty shall not be suspended.
   (d) For purposes of subdivision (b) or (c), "disabled person
placard" means a placard issued pursuant to Section 22511.55 or
22511.59.
   (e) A person who, with intent to prejudice, damage, or defraud,
commits any of the following acts is guilty of an infraction, and
upon conviction thereof shall be punished by a fine of not less than
one hundred dollars ($100) or more than two hundred fifty dollars
($250) for a first offense, not less than two hundred fifty dollars
($250) or more than five hundred dollars ($500) for a second offense,
and not less than five hundred dollars ($500) or more than one
thousand dollars ($1,000) for a third or subsequent offense, which
penalty shall not be suspended:
   (1) Forges, counterfeits, or falsifies a Clean Air Sticker or a
comparable clean air sticker relating to high occupancy vehicle lane
privileges provided for by any foreign jurisdiction, or forges,
counterfeits, or falsifies a Clean Air Sticker with intent to
represent it as issued by the department.
   (2) Passes, or attempts to pass, as true and genuine, a false,
forged, or counterfeit Clean Air Sticker knowing it to be false,
forged, or counterfeited.
   (3) Acquires, possesses, sells, or offers for sale a counterfeit
Clean Air Sticker.
   (4) Acquires, possesses, sells, or offers for sale a genuine Clean
Air Sticker separate from the vehicle for which the department
issued that sticker.
   (f) As used in this section, "Clean Air Sticker" means a label or
decal issued pursuant to Sections 5205.5 and 21655.9. 
   (g) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 341.    Section 10801 of the   Vehicle
Code   is amended to read: 
   10801.   (a)    Any person who knowingly and
intentionally owns or operates a chop shop is guilty of a public
offense and, upon conviction, shall be punished by imprisonment in
the state prison for two, three, or four years, or by a fine of not
more than fifty thousand dollars ($50,000), or by both the fine and
imprisonment, or by up to one year in the county jail, or by a fine
of not more than one thousand dollars ($1,000), 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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 342.    Section 10802 of the   Vehicle
Code   is amended to read: 
   10802.   (a)   Any person who knowingly alters,
counterfeits, defaces, destroys, disguises, falsifies, forges,
obliterates, or removes vehicle identification numbers, with the
intent to misrepresent the identity or prevent the identification of
motor vehicles or motor vehicle parts, for the purpose of sale,
transfer, import, or export, is guilty of a public offense and, upon
conviction, shall be punished by imprisonment in the state prison for
16 months, or two or three years, or by a fine of not more than
twenty-five thousand dollars ($25,000), or by both the fine and
imprisonment, or by up to one year in the county jail, or by a fine
of not more than one thousand dollars ($1,000), 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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 343.    Section 10803 of the  Vehicle
Code   is amended to read: 
   10803.  (a) Any person who buys with the intent to resell,
disposes of, sells, or transfers, more than one motor vehicle or
parts from more than one motor vehicle, with the knowledge that the
vehicle identification numbers of the motor vehicles or motor vehicle
parts have been altered, counterfeited, defaced, destroyed,
disguised, falsified, forged, obliterated, or removed for the purpose
of misrepresenting the identity or preventing the identification of
the motor vehicles or motor vehicle parts, is guilty of a public
offense and, upon conviction, shall be punished by imprisonment in
the state prison for two, four, or six years, or by a fine of not
more than sixty thousand dollars ($60,000), or by both  the
  that  fine and imprisonment, or by up to one year
in the county jail, or by a fine of not more than one thousand
dollars ($1,000), or by both the fine and imprisonment.
   (b) Any person who possesses, for the purpose of sale, transfer,
import, or export, more than one motor vehicle or parts from more
than one motor vehicle, with the knowledge that the vehicle
identification numbers of the motor vehicles or motor vehicle parts
have been altered, counterfeited, defaced, destroyed, disguised,
falsified, forged, obliterated, or removed for the purpose of
misrepresenting the identity or preventing the identification of the
motor vehicles or motor vehicle parts, is guilty of a public offense
and, upon conviction, shall be punished by imprisonment in the state
prison for 16 months, or two or three years, or by a fine of not more
than thirty thousand dollars ($30,000), or by both  the
  that  fine and imprisonment, or by imprisonment
in the county jail not exceeding one year or by a fine of not more
than one thousand dollars ($1,000) 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 Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 344.    Section 10851 of the   Vehicle
Code   is amended to read: 
   10851.  (a) Any person who drives or takes a vehicle  , which
is of a value exceeding two thousand five hundred dollars ($2 
 ,500),  not his or her own, without the consent of the
owner thereof, and with intent either to permanently or temporarily
deprive the owner thereof of his or her title to or possession of the
vehicle, whether with or without intent to steal the vehicle, or any
person who is a party or an accessory to or an accomplice in the
driving or unauthorized taking or stealing, is guilty of a public
offense and, upon conviction thereof, shall be punished by
imprisonment in a county jail for not more than one year  , 
or in the state prison or by a fine of not more than five thousand
dollars ($5,000), or by both  the   that 
fine and imprisonment.  If the value of the vehicle is not more
than two thousand five hundred dollars ($2,500), the offense is
punishable by imprisonment in a county jail for not more than one
year, a fine of not more than five thousand dollars ($5,000), or by
both that fine and imprisonment. 
   (b) If the vehicle is (1) an ambulance, as defined in subdivision
(a) of Section 165, (2) a distinctively marked vehicle of a law
enforcement agency or fire department, taken while the ambulance or
vehicle is on an emergency call and this fact is known to the person
driving or taking, or any person who is party or an accessory to or
an accomplice in the driving or unauthorized taking or stealing, or
(3) a vehicle which has been modified for the use of a disabled
veteran or any other disabled person and which displays a
distinguishing license plate or placard issued pursuant to Section
22511.5 or 22511.9 and this fact is known or should reasonably have
been known to the person driving or taking, or any person who is
party or an accessory in the driving or unauthorized taking or
stealing, the offense is a felony punishable by imprisonment in the
state prison for two, three, or four years or by a fine of not more
than ten thousand dollars ($10,000), or by both  the
  that  fine and imprisonment.
   (c) In any prosecution for a violation of subdivision (a) or (b),
the consent of the owner of a vehicle to its taking or driving shall
not in any case be presumed or implied because of the owner's consent
on a previous occasion to the taking or driving of the vehicle by
the same or a different person.
   (d) The existence of any fact which makes subdivision (b)
applicable shall be alleged 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 plea of guilty or nolo contendere or by trial by the
court sitting without a jury.
   (e) Any person who has been convicted of one or more previous
felony violations of this section, or felony grand theft of a vehicle
in violation of subdivision (d) of Section 487 of the Penal Code,
former subdivision (3) of Section 487 of the Penal Code, as that
section read prior to being amended by Section 4 of Chapter 1125 of
the Statutes of 1993, or Section 487h of the Penal Code, is
punishable as set forth in Section 666.5 of the Penal Code. The
existence of any fact that would bring a person under Section 666.5
of the Penal Code 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. 
   (f) This section shall become operative on January 1, 1997.
 
   (f) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 345.    Section 10851.5 of the  Vehicle
Code   is amended to read: 
   10851.5.  Any person who takes binder chains, required under
regulations adopted pursuant to Section 31510, having a value of
 four hundred dollars ($400)   nine hundred
fifty dollars ($950)  or less which chains are not his own,
without the consent of the owner thereof, and with intent either
permanently or temporarily to deprive the owner thereof of his title
to or possession of the binder chains whether with or without intent
to steal the same, or any person who is a party or accessory to or an
accomplice in the unauthorized taking or stealing is guilty of a
misdemeanor, and upon conviction thereof shall be punished by
imprisonment in the county jail for not less than six months or by a
fine of not less than one thousand dollars ($1,000) or by both such
fine and imprisonment. The consent of the owner of the binder chain
to its taking shall not in any case be presumed or implied because of
such owner's consent on a previous occasion to the taking of the
binder chain by the same or a different person.
   SEC. 346.    Section 42002.4 of the  Vehicle
Code   is amended to read: 
   42002.4.  A violation of Section 10751 shall be punished by
imprisonment in the county jail not exceeding six months if the value
of the property does not exceed  four hundred dollars ($400)
  nine hundred fifty dollars ($950)  , and by
imprisonment in the county jail not exceeding one year if the value
of the property is more than  four hundred dollars ($400)
  nine hundred fifty dollars ($950)  .
   SEC. 347.   Section 10980 of the   Welfare
and Institutions Code   is amended to read: 
   10980.  (a) Any person who, willfully and knowingly, with the
intent to deceive, makes a false statement or representation or
knowingly fails to disclose a material fact in order to obtain aid
under the provisions of this division or who, knowing he or she is
not entitled thereto, attempts to obtain aid or to continue to
receive aid to which he or she is not entitled, or to receive a
larger amount than that to which he or she is legally entitled, is
guilty of a misdemeanor, punishable by imprisonment in the county
jail for a period of not more than six months, by a fine of not more
than five hundred dollars ($500), or by both imprisonment and fine.
   (b) Any person who knowingly makes more than one application for
aid under the provisions of this division with the intent of
establishing multiple entitlements for any person for the same period
or who makes an application for that aid for a fictitious or
nonexistent person or by claiming a false identity for any person is
guilty of a felony, punishable by imprisonment in the state prison
for a period of 16 months, two years, or three years, by a fine of
not more than five thousand dollars ($5,000), or by both  that
 imprisonment and fine; or by imprisonment in the county jail
for a period of not more than one year, or by a fine of not more than
one thousand dollars ($1,000), or by both imprisonment and fine.
   (c) Whenever any person has, willfully and knowingly, with the
intent to deceive, by means of false statement or representation, or
by failing to disclose a material fact, or by impersonation or other
fraudulent device, obtained or retained aid under the provisions of
this division for himself or herself or for a child not in fact
entitled thereto, the person obtaining this aid shall be punished as
follows:
   (1) If the total amount of the aid obtained or retained is
 four hundred dollars ($400)   nine hundred and
fifty dollars ($950)  or less, by imprisonment in the county
jail for a period of not more than six months, by a fine of not more
than five hundred dollars ($500), or by both imprisonment and fine.
   (2) If the total amount of the aid obtained or retained is more
than  four hundred dollars ($400)   nine hundred
and fifty dollars ($950)  , by imprisonment in the state prison
for a period of 16 months, two years, or three years, by a fine of
not more than five thousand dollars ($5,000), or by both  that
 imprisonment and fine; or by imprisonment in the county jail
for a period of not more than one year, by a fine of not more than
one thousand dollars ($1,000), or by both imprisonment and fine.
   (d) Any person who knowingly uses, transfers, acquires, or
possesses blank authorizations to participate in the federal 
Food Stamp   Supplemental Nutrition Assistance 
Program in any manner not authorized by Chapter 10 (commencing with
Section 18900) of Part 6 with the intent to defraud is guilty of a
felony, punishable by imprisonment in the state prison for a period
of 16 months, two years, or three years, by a fine of not more than
five thousand dollars ($5,000), or by both  that 
imprisonment and fine.
   (e) Any person who counterfeits or alters or knowingly uses,
transfers, acquires, or possesses counterfeited or altered
authorizations to participate in the federal  Food Stamp
  Supplemental Nutrition Assistance  Program or to
receive food stamps or electronically transferred benefits in any
manner not authorized by the Food Stamp Act of 1964 (Public Law
88-525 and all amendments thereto)  or the Food and  
Nutrition Act of 2008 (7 U.S.C. Sec. 2011 et seq.)  or the
federal regulations pursuant to the act is guilty of forgery.
   (f) Any person who fraudulently appropriates food stamps,
electronically transferred benefits, or authorizations to participate
in the federal  Food Stamp   Supplemental
Nutrition Assistance  Program with which he or she has been
entrusted pursuant to his or her duties as a public employee is
guilty of embezzlement of public funds.
   (g) Any person who knowingly uses, transfers, sells, purchases, or
possesses food stamps, electronically transferred benefits, or
authorizations to participate in the federal  Food Stamp
  Supplemental Nutrition Assistance  Program in any
manner not authorized by Chapter 10 (commencing with Section 18900),
of Part 6, or by the federal Food Stamp Act of 1977 (Public Law
95-113 and all amendments thereto)  or the Food and Nutrition Act
of 2008 (7 U.S.C. Sec. 2011 et seq.)  (1) is guilty of a
misdemeanor if the face value of the food stamp benefits or the
authorizations to participate is  four hundred dollars ($400)
  nine hundred and fifty dollars ($950)  or less,
and shall be punished by imprisonment in the county jail for a period
of not more than six months, by a fine of not more than five hundred
dollars ($500), or by both imprisonment and fine, or (2) is guilty
of a felony if the face value of the food stamps or the
authorizations to participate exceeds  four hundred dollars
($400)   nine hundred and fifty dollars ($950)  ,
and shall be punished by imprisonment in the state prison for a
period of 16 months, two years, or three years, by a fine of not more
than five thousand dollars ($5,000), or by both  that 
imprisonment and fine, or by imprisonment in the county jail for a
period of not more than one year, or by a fine of not more than one
thousand dollars ($1,000), or by both imprisonment and fine.
   (h) (1) If the violation of subdivision (f) or (g) is committed by
means of an electronic transfer of benefits, in addition and
consecutive to the penalties for the violation, or attempted
violation, of those subdivisions, the court shall impose the
following punishment:
   (A) If the electronic transfer of benefits exceeds fifty thousand
dollars ($50,000), an additional term of one year in state prison.
   (B) If the electronic transfer of benefits exceeds one hundred
fifty thousand dollars ($150,000), an additional term of two years in
state prison.
   (C) If the electronic transfer of benefits exceeds one million
dollars ($1,000,000), an additional term of three years in state
prison.
   (D) If the electronic transfer of benefits exceeds two million
five hundred thousand dollars ($2,500,000), an additional term of
four years.
   (2) In any accusatory pleading involving multiple charges of
violations of subdivision (f) or (g), or both, committed by means of
an electronic transfer of benefits, the additional terms provided in
paragraph (1) may be imposed if the aggregate losses to the victims
from all violations exceed the amounts specified in this paragraph
and arise from a common scheme or plan.
   (i) A person who is punished by an additional term of imprisonment
under another provision of law for a violation of subdivision (f) or
(g) shall not receive an additional term of imprisonment under
subdivision (h). 
   (j) Alternatively, on or after the operative date of an applicable
rule or rules proposed by the California Public Safety Commission, a
person who violates this section shall be punished as provided in
the applicable sentencing rules. 
   SEC. 348.    Se   ction 15656 of the 
 Welfare and Institutions Code   is amended to read:

   15656.  (a) 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
unjustifiable physical pain or mental suffering upon him or her, 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 such that his or her
person or health is endangered, is punishable by imprisonment in the
county jail not exceeding one year, or in the state prison for two,
three, or four years.
   (b) 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 unjustifiable physical pain or mental suffering
on him or her, 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 such
that his or her person or health may be endangered, is guilty of a
misdemeanor.
   (c) Any caretaker of an elder or a dependent adult who violates
any provision of law prescribing theft or embezzlement, with respect
to the property of that elder or dependent adult, is punishable by
imprisonment in the county jail not exceeding one year, or in the
state prison for two, three, or four years when the money, labor, or
real or personal property taken is of a value exceeding  four
hundred dollars ($400)   nine hundred fifty dollars
($950)  , and by a fine not exceeding one thousand dollars
($1,000), or by imprisonment in the county jail not exceeding one
year, or by both that imprisonment and fine, when the money, labor,
or real or personal property taken is of a value not exceeding
 four hundred dollars ($400)   nine hundred
fifty dollars ($950)  .
   (d) 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.
   (e) Conduct covered in subdivision (b) of Section 15610.57 shall
not be subject to this section.
   SEC. 349.    The Judicial Council shall consider the
adoption of appropriate modifications to the Criminal Rules of Court,
and of other judicial branch policies, procedures, and programs,
affecting felony probation services that would support implementation
of the evidence-based probation supervision practices described in
Chapter 3 (commencing with Section 1228) of Title 8 of Part 2 of the
Penal Code. 
   SEC. 350.    Section 50 of this act shall not become
operative unless fenfluramine and its salts and isomers are removed
from Schedule IV of the federal Controlled Substances Act (21 U.S.C.
Sec. 812; 21 C.F.R. 1308.14), in which case Section 51, to the extent
it remains effective, shall become inoperative and be repealed.

   SEC. 351.    The Department of Corrections and
Rehabilitation shall implement the changes made by this act regarding
time credits in a reasonable time. However, in light of limited case
management resources, it is expected that there will be some delays
in determining the amount of additional time credits to be granted
against inmate sentences resulting from changes in law pursuant to
this act. An inmate shall have no cause of action or claim for
damages because of any additional time spent in custody due to
reasonable delays in implementing the changes in the credit
provisions of this act. However, to the extent that excess days in
state prison due to delays in implementing this act are identified,
they shall be considered as time spent on parole, if any parole
period is applicable. 
   SEC. 352.    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.  
  SECTION 1.    Section 15819.40 of the Government
Code is amended to read:
   15819.40.  (a) (1) (A) The Department of Corrections and
Rehabilitation may design, construct, or renovate housing units,
support buildings, and programming space in order to add up to 12,000
beds at
    facilities under its jurisdiction. The department shall complete
site assessments at facilities at which it intends to construct or
renovate additional housing units, support buildings, and programming
space. The department may use the funding provided in Section 28 of
Chapter 7 of the Statutes of 2007 to complete these site assessments.
After completing these site assessments, the department shall define
the scope and cost of each project pursuant to subdivision (d).
   (B) The authority contained in subparagraph (A) may be used to
develop new beds including appropriate programmatic space pursuant to
paragraph (2) of subdivision (a) and, together with the funds
appropriated in Section 15819.403 for this purpose, shall constitute
the scope of a single capital outlay project for purposes of
calculating augmentations pursuant to Section 13332.11 as described
in Section 15819.401.
   (2) Any new beds constructed pursuant to this section shall be
supported by rehabilitative programming for inmates, including, but
not limited to, education,
      vocational programs, substance abuse treatment programs,
employment programs, and prerelease planning.
   (3) The purpose of beds constructed pursuant to this section is to
replace the temporary beds currently in use, and they are not
intended to house additional inmates. For the purposes of this
section, "temporary beds" shall be defined as those that are placed
in gymnasiums, classrooms, hallways, or other public spaces that were
not constructed for the purpose of housing inmates.
   (b) The Department of Corrections and Rehabilitation may acquire
land, design, construct, and renovate reentry program facilities to
provide housing for up to 6,000 inmates as authorized in Chapter 9.8
(commencing with Section 6271) of the Penal Code and, together with
the funds appropriated in Section 15819.403 for this purpose, this
shall constitute the scope and cost of a single capital outlay
project for purposes of calculating augmentations pursuant to Section
13332.11 as described in Section 15819.401.
   (c) The Department of Corrections and Rehabilitation is authorized
to design, construct, and establish new buildings at facilities
under the jurisdiction of the department to provide medical, dental,
and mental health treatment or housing for up to 6,000 inmates and,
together with the funds appropriated in Section 15819.403 for this
purpose, this shall constitute the scope and cost of a single capital
outlay project for purposes of calculating augmentations pursuant to
Section 13332.11 as described in Section 15819.401.
   (d) (1) The reporting requirements set forth in Sections 7000 to
7003.5, inclusive, of the Penal Code, shall apply separately to each
institution or facility. The scope and cost of the project for each
institution or facility shall be established individually by the
State Public Works Board. The amount of the total appropriations in
Section 15819.403 that is necessary for each project shall be
allocated to each institution or facility project. The appropriations
may be allocated based on current estimates. These initial
allocations may be adjusted commensurate to changes that occur during
the progression of the projects. As allocations are made or
adjusted, the anticipated deficit or savings shall be continuously
tracked and reported. Once the total appropriation has been
allocated, any augmentation necessary to fund an anticipated deficit
shall be based on the total applicable capital outlay appropriation
in Section 15819.403 and applied to each project allocation as
necessary.
   (2) For each institution, the Department of Corrections and
Rehabilitation shall report to the Joint Legislative Budget Committee
identifying those projects that the department proposes to
undertake, and any support buildings, and programming space to
support up to 12,000 new beds. For each institution, the department
shall describe the scope, budget, schedule, number of beds by
security level, along with approximate square footage of support
buildings, and programming space to be constructed or renovated. If
after providing these reports, the committee fails to take any action
with respect to each report within 30 days after submittal, this
inaction shall be deemed to be approval for purposes of this section,
and the department is authorized to proceed to design, construct, or
renovate housing units, support buildings, and programming space for
each institution for which a report has been approved.
   (3) The department shall notify the Joint Legislative Budget
Committee 45 days prior to the submission of preliminary plans to the
board for each project authorized in this section. If after
providing these notifications, the committee fails to take any action
with respect to each report within 45 days after submittal, this
inaction shall be deemed to be approval for purposes of this section,
and the department is authorized to design, construct, or renovate
housing units, support buildings, and programming space for each
institution for which a report has been approved.
   (4) The Department of Corrections and Rehabilitation shall report
quarterly to the Joint Legislative Budget Committee on the
allocations from the appropriations in Section 15819.403 and the
anticipated deficit or savings. Each reentry program facility
authorized under subdivision (b) shall be considered to be a separate
project for reporting purposes pursuant to Sections 7000 and 7003.5
of the Penal Code. Each medical, mental health, or dental building
improvement authorized under subdivision (c) shall be considered to
be a separate project, except that building improvements that have a
related purpose and that are located at the same institution may be
considered one project, for reporting purposes pursuant to Sections
7000 and 7003.5 of the Penal Code.  
  SEC. 2.    Section 15819.402 of the Government
Code is amended to read:
   15819.402.  For all projects authorized by this chapter, the board
may borrow funds for project costs, including studies, acquisition,
design, construction, and construction-related costs from the Pooled
Money Investment Account pursuant to Sections 16312 and 16313. Except
for preliminary expenditures to develop the scope, budget,
programming, and scheduling for a project, project funds expended
prior to project approval by the board shall not be reimbursable from
the proceeds of the bonds.  
  SEC. 3.    Section 15819.403 of the Government
Code is amended to read:
   15819.403.  (a) The board may issue revenue bonds, negotiable
notes, or negotiable bond anticipation notes pursuant to this part to
finance the acquisition, design, and construction, including,
without limitation, renovation, and the costs of interim financing of
the projects authorized in Section 15819.40. Authorized costs for
acquisition, design, construction, including, without limitation,
renovation, and construction-related costs for all projects approved
for financing by the board shall not exceed one billion eight hundred
million dollars ($1,800,000,000) for subdivision (a) of Section
15819.40, nine hundred seventy-five million dollars ($975,000,000)
for subdivision (b) of Section 15819.40, and eight hundred
fifty-seven million one hundred thousand dollars ($857,100,000) for
subdivision (c) of Section 15819.40.
   (b) Notwithstanding Section 13340, funds derived from interim
financing, revenue bonds, negotiable notes, or negotiable bond
anticipation notes issued pursuant to this chapter are hereby
continuously appropriated to the board on behalf of the Department of
Corrections and Rehabilitation for the purposes specified in Section
15819.40.
   (c) For the purposes of this section, "construction-related costs"
shall include mitigation costs of local government and school
districts and shall be made available pursuant to subdivisions (c)
and (d) of Section 7005.5 of the Penal Code. It is the intent of the
Legislature that any payments made for mitigation shall be made in a
timely manner.  
  SEC. 4.    Section 15819.404 of the Government
Code is amended to read:
   15819.404.  Notwithstanding Section 15819.403, the amount of
revenue bonds, negotiable notes, or negotiable bond anticipation
notes to be sold may include the following:
   (a) The cost of acquisition, design, construction, including,
without limitation, renovation, or construction management and
supervision, and other costs related to the acquisition, design, and
construction, including, without limitation, renovation, of the
facilities, including augmentations.
   (b) Sums necessary to pay interim financing.
   (c) In addition to the amount authorized by Section 15819.403, any
additional amount as may be authorized by the board to establish a
reasonable construction reserve and to pay the costs of financing,
including the payment of interest during acquisition or interest
prior to, during, and for a period of six months after construction
of the project, the cost of financing a debt-service reserve fund,
and the cost of issuance of permanent financing for the project. This
additional amount may include interest payable on any interim loan
for the facility from the General Fund or the Pooled Money Investment
Account pursuant to Sections 16312 and 16313.  
  SEC. 5.    Section 15819.41 of the Government Code
is amended to read:
   15819.41.  (a) The Department of Corrections and Rehabilitation
shall complete site assessments at facilities where it intends to
construct or renovate additional housing units, support buildings,
and programming space in order to add up to 4,000 beds at facilities
under its jurisdiction. The department may use the funding provided
in Section 28 of Chapter 7 of the Statutes of 2007 to complete the
site assessments. After completing these site assessments the
department shall define the scope and costs of each project pursuant
to subdivision (d). This authorization is in addition to the
authorization in subdivision (a) of Section 15819.40. Any new beds
constructed shall be supported by rehabilitative programming for
inmates, including, but not limited to, education, vocational
programs, substance abuse treatment programs, employment programs,
and prerelease planning. The Department of Corrections and
Rehabilitation is authorized to design, construct, or renovate
housing units, support buildings, and programming space in order to
add up to 4,000 beds at facilities under its jurisdiction. This
authorization is in addition to the authorization in subdivision (a)
of Section 15819.40. Any new beds constructed shall be supported by
rehabilitative programming for inmates, including, but not limited
to, education, vocational programs, substance abuse treatment
programs, employment programs, and prerelease planning. The authority
contained in this subdivision together with the funds appropriated
in Section 15819.413 for this purpose, shall constitute the scope and
cost of a single capital outlay project for purposes of calculating
augmentations pursuant to Section 13332.11 as described in Section
15819.411.
   (b) The Department of Corrections and Rehabilitation is authorized
to design and construct new, or renovate existing, buildings at
facilities under the jurisdiction of the department to provide
medical, dental, and mental health treatment or housing for up to
2,000 inmates. This authorization is in addition to the authorization
in subdivision (c) of Section 15819.40. The authority contained in
this subdivision together with the funds appropriated in Section
15819.413 for this purpose, shall constitute the scope and cost of a
single capital outlay project for purposes of calculating
augmentations pursuant to Section 13332.11 as described in Section
15819.411.
   (c) The Department of Corrections and Rehabilitation is authorized
to construct, establish, and operate reentry program facilities
throughout the state that will house up to 10,000 inmates pursuant to
Section 6271.1 of the Penal Code, and together with the funds
appropriated in Section 15819.413 for this purpose, this shall
constitute the scope and cost of a single capital outlay project for
purposes of calculating augmentations pursuant to Section 13332.11 as
described in Section 15819.411.
   (d) (1) The reporting requirements set forth in Sections 7000 to
7003.5, inclusive, of the Penal Code, shall apply separately to each
institution or facility. The scope and cost of the project for each
institution or facility shall be established by the State Public
Works Board individually. The amount of the total appropriations in
Section 15819.413 that is necessary for each project shall be
allocated to each institution or facility project. The appropriations
may be allocated based on current estimates. These initial
allocations may be adjusted commensurate to changes that occur during
the progression of the projects. As allocations are made or
adjusted, the anticipated deficit or savings shall be continuously
traced and reported. Once the total appropriation has been allocated,
any augmentation necessary to fund an anticipated deficit shall be
based on the total applicable capital outlay appropriation in Section
15819.413 and applied to each project allocation as necessary.
   (2) For each institution, the department shall report to the Joint
Legislative Budget Committee, identifying those projects that the
department proposes to undertake, and any support buildings, and
programming space to support up to 4,000 new beds. For each
institution, the department shall describe the scope, budget,
schedule, number of beds by security level, along with approximate
square footage of support buildings, and programming space to be
constructed or renovated. If after providing these reports, the
committee fails to take any action with respect to each report within
30 days after submittal, this inaction shall be deemed to be
approval for purposes of this section, and the department is
authorized to proceed to design, construct, or renovate housing
units, support buildings, and programming space for each institution
for which a report has been approved.
   (3) The Department of Corrections and Rehabilitation shall notify
the Joint Legislative Budget Committee 45 days prior to the
submission of preliminary plans to the board for each project
authorized in this section. If after providing these notifications,
the committee fails to take any action with respect to each report
within 45 days after submittal, this inaction shall be deemed to be
approval for purposes of this section, and the department is
authorized to design, construct, or renovate housing units, support
buildings, and programming space for each institution for which a
report has been approved.
   (4) The Department of Corrections and Rehabilitation shall report
quarterly to the Joint Legislative Budget Committee on the
allocations from the appropriations in Section 15819.413 and the
anticipated deficit or savings. Each reentry program facility
authorized under subdivision (c) shall be considered to be a separate
project. Each medical, mental health, or dental building improvement
authorized under subdivision (b) shall be considered to be a
separate project, except that building improvements that have a
related purpose and that are located at the same institution may be
considered one project, for reporting purposes pursuant to Sections
7000 and 7003.5 of the Penal Code.  
  SEC. 6.    Section 15819.412 of the Government
Code is amended to read:
   15819.412.  For all projects authorized by this chapter, the board
may borrow funds for project costs, including studies, design,
construction, including, without limitation, renovation, and
construction-related costs from the Pooled Money Investment Account
pursuant to Sections 16312 and 16313. Except for preliminary
expenditures to develop the scope, budget, programming, and
scheduling for a project, project funds expended prior to project
approval by the board shall not be reimbursable from the proceeds of
the bonds.  
  SEC. 7.    Section 15819.414 of the Government
Code is amended to read:
   15819.414.  Notwithstanding Section 15819.413, the amount of
revenue bonds, negotiable notes, or negotiable bond anticipation
notes to be sold may include the following:
   (a) The cost of design, construction, including, without
limitation, renovation, or construction management and supervision,
and other costs related to the design and construction, including,
without limitation, renovation, of the facilities, including
augmentations.
   (b) Sums necessary to pay interim financing.
   (c) In addition to the amount authorized by Section 15819.413, any
additional amount as may be authorized by the board to establish a
reasonable construction reserve and to pay the costs of financing,
including the payment of interest during acquisition or interest
prior to, during, and for a period of six months after construction
of the project, the cost of financing a debt-service reserve fund,
and the cost of issuance of permanent financing for the project. This
additional amount may include interest payable on any interim loan
for the facility from the General Fund or the Pooled Money Investment
Account pursuant to Sections 16312 and 16313.  
  SEC. 8.    Section 15819.417 of the Government
Code is amended to read:
   15819.417.  The State Public Works Board may not release any funds
pursuant to this chapter until the panel created pursuant to Section
7021 of the Penal Code has certified that conditions listed in that
section have been met. The authority provided by this chapter shall
expire on January 1, 2014, and no project shall be commenced after
that date, but projects already commenced may be completed and
financed through the issuance of bonds pursuant to this chapter.
 
  SEC. 9.    Section 15820.903 of the Government
Code is amended to read:
   15820.903.  (a) The SPWB may issue up to seven hundred fifty
million dollars ($750,000,000) in revenue bonds, notes, or bond
anticipation notes, pursuant to Chapter 5 of Part 10b of Division 3
of Title 2 (commencing with Section 15830) to finance the
acquisition, design, or construction, and a reasonable construction
reserve, of approved local jail facilities described in Section
15820.901, and any additional amount authorized under Section 15849.6
to pay for the cost of financing.
   (b) Proceeds from the revenue bonds, notes, or bond anticipation
notes may be utilized to reimburse a participating county for the
costs of acquisition, preliminary plans, working drawings, and
construction for approved projects.
   (c) Notwithstanding Section 13340, funds derived pursuant to this
section and Section 15820.902 are continuously appropriated for
purposes of this chapter.
   (d) This section shall become inoperative on June 30, 2017, and no
project may be commenced after that date; however, projects that
have already commenced by that date may be completed and financed
with bonds issued pursuant to this chapter.  
  SEC. 10.    Section 15820.904 is added to the
Government Code, to read:
   15820.904.  In support of this state funding, the Legislature
finds and declares all of the following:
   (a) The county jail system needs more capacity.
   (b) Without increased capacity, public safety throughout the state
may be jeopardized by offenders who either remain in the community
or are released early due to lack of jail capacity.
   (c) By expanding jail capacity, this funding will serve a critical
state purpose by promoting public safety.
   (d) This purpose represents valuable consideration in exchange for
this state action.  
  SEC. 11.    Section 15820.911 of the Government
Code is amended to read:
   15820.911.  (a) The CDCR, a participating county, and the SPWB are
authorized to acquire, design, and construct, a local jail facility
approved by the Corrections Standards Authority (CSA) pursuant to
Section 15820.916, or a site or sites owned by, or subject to a lease
or option to purchase held by a participating county. The ownership
interest of a participating county in the site or sites for a local
jail facility must be determined by the SPWB to be adequate for
purposes of its financing in order to be eligible under this chapter.

   (b) Notwithstanding Section 15815, a participating county may
acquire, design, or construct the local jail facility in accordance
with its local contracting authority. Notwithstanding Section 14951,
the participating county may assign an inspector during the
construction of the project.
   (c) The CDCR, a participating county and the SPWB shall enter into
a construction agreement for these projects that shall provide, at a
minimum, performance expectations of the parties related to the
acquisition, design, construction, or renovation of the local jail
facility, guidelines and criteria for use and application of the
proceeds of revenue bonds, notes, or bond anticipation notes issued
by the SPWB to pay for the cost of the approved local jail facility
project and ongoing maintenance and staffing responsibilities for the
term of the financing.
   (d) The construction agreement shall include a provision that the
participating county agrees to indemnify, defend, and save harmless
the State of California for any and all claims and losses arising out
of the acquisition, design, and construction of the project. The
construction agreement may also contain additional terms and
conditions that facilitate the financing by the SPWB.
   (e) The scope and cost of these approved local jail facility
projects shall be subject to approval and administrative oversight by
the SPWB.
   (f) For purposes of compliance with the California Environmental
Quality Act (Division 13 of the Public Resources Code (commencing at
Section 210000)), neither the SPWB nor the CDCR shall be deemed a
lead or responsible agency; the participating county is the lead
agency.  
  SEC. 12.    Section 15820.913 of the Government
Code is amended to read:
   15820.913.  (a) The SPWB may issue up to four hundred seventy
million dollars ($470,000,000) in revenue bonds, notes, or bond
anticipation notes, pursuant to Chapter 5 of Part 10b of Division 3
of Title 2 (commencing with Section 15830) to finance the
acquisition, design, or construction, and a reasonable construction
reserve, of approved local jail facilities described in Section
15820.911, and any additional amount authorized under Section 15849.6
to pay for the cost of financing.
   (b) Proceeds from the revenue bonds, notes, or bond anticipation
notes may be used to reimburse a participating county for the costs
of acquisition, preliminary plans, working drawings, and construction
for approved projects.
   (c) Notwithstanding Section 13340, funds derived pursuant to this
section and Section 15820.912 are continuously appropriated for
purposes of this chapter.  
  SEC. 13.    Section 15820.914 is added to the
Government Code, to read:
   15820.914.  In support of this state funding, the Legislature
finds and declares all of the following:
   (a) The county jail system needs more capacity.
   (b) Without increased capacity, public safety throughout the state
may be jeopardized by offenders who either remain in the community
or are released early due to lack of jail capacity.
   (c) By expanding jail capacity, this funding will serve a critical
state purpose by promoting public safety.
   (d) This purpose represents valuable consideration in exchange for
this state action.  
  SEC. 14.    Section 7021 of the Penal Code is
amended to read:
   7021.  (a) The State Public Works Board may not release any funds
provided for projects in Section 15819.41 of the Government Code or
Section 6271.1, until a three-member panel, composed of the State
Auditor, the Inspector General, and an appointee of the Judicial
Council of California, verifies that the conditions outlined in
paragraphs (1) to (13), inclusive, have been met. The Legislative
Analyst shall provide information and input to the three-member panel
as it considers whether the conditions have been met.
   (1) At least 4,000 beds authorized in subdivision (a) of Section
15819.40 of the Government Code are under construction.
   (2) The first 4,000 beds authorized in subdivision (a) of Section
15819.40 of the Government Code include space and will provide
opportunities for rehabilitation services for inmates.
                                                               (3) At
least 2,000 of the beds authorized in subdivision (a) of Section
6271 are under construction or sited.
   (4) At least 2,000 substance abuse treatment slots established in
Section 2694 have been established, with aftercare in the community.
   (5) Prison institutional drug treatment slots have averaged at
least 75 percent participation over the previous six months.
   (6) The Department of Corrections and Rehabilitation has
implemented an inmate assessment at reception centers, pursuant to
Section 3020, and has used the assessment to assign inmates to
rehabilitation programs for at least six consecutive months.
   (7) The Department of Corrections and Rehabilitation has completed
the Inmate Treatment and Prison-to-Employment Plan, pursuant to
Section 3105.
   (8) At least 300 parolees are being served in day treatment or
crisis care services, pursuant to Section 3073.
   (9) The California Rehabilitation Oversight Board (C-ROB), created
pursuant to Section 6140, has been in operation for at least one
year, and is regularly reviewing the Department of Corrections and
Rehabilitation's programs. This condition may be waived if the
appointments to the C-ROB have not been made by the Legislature.
   (10) The Department of Corrections and Rehabilitation has
implemented a plan to address management deficiencies, pursuant to
Section 2061, and at least 75 percent of management positions have
been filled for at least six months.
   (11) The Department of Corrections and Rehabilitation has
increased full-time participation in inmate academic and vocation
education programs by 10 percent from the levels of participation on
April 1, 2007.
   (12) The Department of Corrections and Rehabilitation has
developed and implemented a plan to obtain additional rehabilitation
services, pursuant to Section 2062, and the vacancy rate for
positions dedicated to rehabilitation and treatment services in
prisons and parole offices is no greater than the statewide average
vacancy rate for all state positions.
   (13) The Department of Corrections and Rehabilitation has reviewed
existing parole procedures.
   (b) The provisions of Section 15819.41 of the Government Code and
Section 6271.1 shall not authorize construction of facilities until
the three-member panel specified in subdivision (a) has certified
that the requirements of that subdivision have been met. Those
sections shall become inoperative on January 1, 2014. Any projects
already underway may continue, and funding for those projects shall
remain authorized in order to allow for the issuance of bonds.
   (c) The requirements set forth in Section 7021 are contingent upon
the Legislature making funds available for the rehabilitation
programs set forth in the Public Safety and Offender Rehabilitation
Services Act of 2007.  
  SEC. 15.    Section 1970 of the Welfare and
Institutions Code is amended to read:
   1970.  (a) For the purposes of this article, "participating county"
means any county, or regional consortium of counties, within the
state that has been certified to the board by the authority as having
satisfied all of the requirements set forth in Section 1975 for
financing a local youthful offender rehabilitative facility pursuant
to this article.
   (b) For purposes of this article, "board" means the State Public
Works Board, and "authority" means the Corrections Standards
Authority.  
  SEC. 16.    Section 1971 of the Welfare and
Institutions Code is amended to read:
   1971.  (a) The Department of Corrections and Rehabilitation, a
participating county, and the board are authorized to acquire,
design, renovate, or construct a local youthful offender
rehabilitative facility approved by the authority pursuant to Section
1975, or a site or sites owned by, or subject to a lease or option
to purchase held by a participating county. The ownership interest of
a participating county in the site or sites for a local youthful
offender rehabilitative facility shall be determined by the board to
be adequate for purposes of its financing in order to be eligible
under this article.
   (b) Notwithstanding Section 15815 of the Government Code, a
participating county may acquire, design, renovate, or construct the
local youthful offender rehabilitative facility in accordance with
its local contracting authority. Notwithstanding Section 14951 of the
Government Code, the participating county may assign an inspector
during the construction of the project.
   (c) The department, a participating county, and the board shall
enter a construction agreement for the project that shall provide, at
a minimum, all of the following:
   (1) Performance expectations of the parties related to the
acquisition, design, renovation, or construction of the local
youthful offender rehabilitative facility.
   (2) Guidelines and criteria for use and application of the
proceeds of revenue bonds, notes, or bond anticipation notes issued
by the board to pay for the cost of the approved local youthful
offender rehabilitative facility project.
   (3) Ongoing maintenance and staffing responsibilities for the term
of the financing.
   (d) The construction agreement shall include a provision that the
participating county agrees to indemnify, defend, and hold harmless
the State of California for any and all claims and losses arising out
of the acquisition, design, renovation, and construction of the
local youthful offender rehabilitative facility. The construction
agreement may also contain additional terms and conditions that
facilitate the financing by the board.
   (e) The scope and cost of the approved local youthful offender
rehabilitative facility project shall be subject to approval and
administrative oversight by the board.
   (f) For purposes of compliance with the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code), neither the board nor the department, shall
be deemed a lead or responsible agency. The participating county
shall be the lead agency.  
  SEC. 17.    Section 1972 of the Welfare and
Institutions Code is amended to read:
   1972.  Upon the receipt by a participating county of responsive
construction bids, the board and the department may borrow funds for
project costs after the project has been certified pursuant to
Section 1970 from the Pooled Money Investment Account pursuant to
Sections 16312 and 16313 of the Government Code, or from any other
appropriate source. In the event any of the revenue bonds, notes, or
bond anticipation notes authorized by this chapter are not sold, the
department shall commit a sufficient amount of its support
appropriation to repay any loans made for an approved project.
 
  SEC. 18.    Section 1973 of the Welfare and
Institutions Code is amended to read:
   1973.  (a) The board may issue up to one hundred million dollars
($100,000,000) in revenue bonds, notes, or bond anticipation notes,
pursuant to Chapter 5 (commencing with Section 15830) of Part 10b of
Division 3 of Title 2 of the Government Code to finance the
acquisition, design, renovation, or construction, and a reasonable
construction reserve, of approved local youthful offender
rehabilitative facilities described in Section 1971, and any
additional amount authorized under Section 15849.6 of the Government
Code to pay for the cost of financing.
   (b) Proceeds from the revenue bonds, notes, or bond anticipation
notes may be utilized to reimburse a participating county for the
costs of acquisition, preliminary plans, working drawings, and
construction for approved projects.
   (c) Notwithstanding Section 13340 of the Government Code, funds
derived pursuant to this section are continuously appropriated for
purposes of this article.
   (d) This section shall become inoperative on June 30, 2017. No
projects shall be commenced after that date, but projects already
commenced may be completed and financed through the issuance of bonds
pursuant to this article.  
  SEC. 19.    Section 1975 of the Welfare and
Institutions Code is amended to read:
   1975.  (a) The authority shall adhere to its duly adopted
regulations for the approval or disapproval of local youthful
offender rehabilitative facilities. The authority also shall consider
cost-effectiveness in determining approval or disapproval. No state
moneys shall be encumbered in contracts let by a participating county
until final architectural plans and specifications have been
approved by the authority, and subsequent construction bids have been
received. The review and approval of plans, specifications, or other
documents by the authority are for the purpose of ensuring proper
administration of moneys and determination of whether the project
specifications comply with law and regulation. The authority may
require changes in construction materials to enhance safety and
security if materials proposed at the time of final plans and
specifications are not essential and customary as used statewide for
facilities of the same security level. Participating counties are
responsible for the acquisition, design, renovation, construction,
staffing, operation, repair, and maintenance of the project.
   (b) The authority shall establish minimum standards and funding
schedules and procedures, which shall take into consideration, but
not be limited to, all of the following:
   (1) Certification by a participating county of project site
control through either fee simple ownership of the site or comparable
long-term possession of the site, and right of access to the project
sufficient to ensure undisturbed use and possession.
   (2) Documentation of need for the project.
   (3) A written project proposal.
   (4) Submittal of a staffing plan for the project, including
operational cost projections and documentation that the local
youthful offender rehabilitative facility will be able to be safety
staffed and operated within 90 days of completion.
   (5) Submittal of architectural drawings, which shall be approved
by the authority for compliance with minimum youthful offender
rehabilitation facility standards and which also shall be approved by
the State Fire Marshal for compliance with fire safety and life
safety requirements.
   (6) Documentation evidencing the filing by a participating county
of a final notice of determination on its environmental impact
report.
   (7) Provisions intended to maintain the tax-exempt status of the
bonds, notes, or bond anticipation notes issued by the board.
 
  SEC. 20.    Section 1977 is added to the Welfare
and Institutions Code, to read:
   1977.  In support of state funding authorized by this article, the
Legislature finds and declares all of the following:
   (a) Population levels in local juvenile offender facilities across
the state have dramatically increased.
   (b) Although capacity in local juvenile offender rehabilitation
and incarceration facilities has been added during the last decade,
those facilities still face capacity problems, and aging facilities
need to be repaired or replaced.
   (c) Insufficient capacity at local juvenile offender
rehabilitation and incarceration facilities may create risks to the
public safety as well as a loss to the state of potentially
productive members of society.
   (d) By expanding local juvenile offender rehabilitation and
incarceration facilities, this funding will serve a critical state
purpose, which purpose represents valuable consideration in exchange
for this state action. 
   SEC. 21.   SEC. 353.   This act
addresses the fiscal emergency declared by the Governor by
proclamation on December 19, 2008, pursuant to subdivision (f) of
Section 10 of Article IV of the California Constitution. 
  SEC. 22.    This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
   In order to make the necessary statutory changes to implement the
Budget Act of 2008 at the earliest time possible, it is necessary
that this act take effect immediately.