BILL NUMBER: AB 1844 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 28, 2010
AMENDED IN ASSEMBLY APRIL 13, 2010
INTRODUCED BY Assembly Member Fletcher
( Principal coauthors:
Assembly Members Anderson, Block,
Garrick, Gilmore, Nielsen, and Salas
)
( Principal coauthors:
Senators Hollingsworth and Wyland )
( Coauthor: Assembly Member
Gilmore Coauthors: Assembly
Members Arambula, Blakeslee,
Caballero, Cook, Coto, DeVore,
Fong, Fuller, Gaines, Galgiani,
Hagman, Hill, Huber,
Jeffries, Miller, Nestande,
Portantino, Torres, Torrico, and
Tran )
( Coauthors: Senators
Correa, Cox, Denham, Harman,
Maldonado, and Runner )
FEBRUARY 12, 2010
An act to amend Sections 220, 264, 264.1, 286, 288,
288a, 289, 667.61, 3000, and 3000.1 of, and to add Section 647.9 to,
the Penal Code, relating to sex crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1844, as amended, Fletcher. Sex offenders: punishment: parole.
Under existing law, an assault with the intent to commit mayhem,
rape, sodomy, oral copulation, or with the intent to commit, by
force, rape, spousal rape, or sexual penetration in concert with
another, is punishable by imprisonment in the state prison for 2, 4,
or 6 years, except as specified.
This bill would provide that an assault of a person under 18 years
of age with the intent to commit rape, sodomy, oral copulation, or
with the intent to commit, by force, rape, spousal rape, or sexual
penetration in concert with another, would be punishable by
imprisonment in state prison for 5, 7, or 9 years.
Under existing law, rape, sodomy accomplished against the victim's
will, oral copulation accomplished against the victim's will, and
sexual penetration accomplished against the victim's will is
punishable by imprisonment in state prison for 3, 6, or 8 years.
Rape, sodomy, and oral copulation committed in concert with another
is punishable by imprisonment in the state prison for 5, 7, or 9
years.
This bill would provide that the punishment for these specified
crimes upon a child who is under 14 years of age is punishable by
imprisonment in state prison for 6, 12, or 16 years, and if committed
upon a minor who is 14 years of age or older is punishable by
imprisonment in state prison for 6, 9, or 11 years. This bill would
provide that if these crimes are committed in concert with another
person upon a child who is under 14 years of age they are punishable
in state prison for 7, 13, or 17 years and if committed in concert
upon a minor who is 14 years of age or older by imprisonment for 7,
10, or 12 years. By increasing the punishment for crimes, this bill
would impose a state-mandated local program.
Under existing law, a person who commits an act of rape, rape or
sexual penetration in concert, sodomy, oral copulation, or sexual
penetration, when the act is committed upon a child who is under 14
years of age and 7 or more years younger than the person, is guilty
of aggravated sexual assault of a child. Aggravated sexual assault of
a child under these circumstances is punishable by imprisonment in
state prison for 15 years to life.
This bill would provide that it does not preclude prosecution
under this existing law.
Under existing law, a person who commits any lewd or lascivious
act upon a child who is under 14 years of age by use of force or fear
is guilty of a felony punishable by imprisonment in state prison for
3, 6, or 8 years.
This bill would increase the punishment for this crime to
imprisonment in the state prison for 6, 12, or 16 years. By
increasing the punishment for a crime, this bill would impose a
state-mandated local program.
Under existing law, a person who commits any lewd or lascivious
act upon a dependent person, as defined, by use of force or fear is
guilty of a felony punishable by imprisonment in state prison for 3,
6, or 8 years.
This bill would increase the punishment for this crime to
imprisonment in the state prison for 6, 9, or 11 years. By increasing
the punishment for a crime, this bill would impose a state-mandated
local program.
Existing law, as amended by Proposition 83 of the November 7,
2006, statewide general election, requires a person convicted of
certain felonies under specified circumstances to be committed to
prison for a term of years to life.
This bill would provide that these felonies committed under the
above-specified circumstances upon a victim who is a child under 14
years of age shall be punished by imprisonment in state prison for
life without the possibility of parole. This bill would add as a
circumstance the infliction of physical injury resulting in a
traumatic condition on a victim who is a child under 14 years of age
to the list of specified circumstances that would result in
imprisonment for life without parole.
This bill would provide that when rape, spousal rape, rape in
concert, or sexual penetration, sodomy, or oral copulation committed
against the victim's will are committed under specified
circumstances, the punishment shall be imprisonment in state prison
for 25 years to life, or if committed upon a person who is a child 14
years of age or older, for 25 years to life if committed under
one of the specified circumstances, or for life without
possibility of parole if committed under 2 or more of the
specified circumstances .
Under existing law, a person convicted of certain felony sex
offenses shall be committed to prison for a term of 15 years to life
if during the commission of the felony the defendant inflicted great
bodily injury on the victim.
This bill would change the required sentence to 25 years to life
for this type of offense.
Existing law makes it unlawful for a person who is required to
register as a sex offender to reside within 2,000 feet of a public or
private school, or park where children regularly gather. Existing
law also provides that any person required to register as a sex
offender who comes into any school building or upon any school ground
without lawful business and written permission is guilty of a
misdemeanor.
This bill would make it a misdemeanor for a person who is required
to register as a sex offender to enter any park where children
regularly gather without written permission from either the person's
parole agent, if the person is on parole, or the chief administrative
officer of the park, if the person is not on parole.
Under existing law a prisoner is generally released on parole for
a period not exceeding 3 years, except that inmates sentenced for
certain enumerated violent felonies are released on parole for a
period not exceeding 5 years.
This bill would change this period of parole for certain of these
violent felons from a maximum of 5 years to a maximum of 10 years.
This bill would impose lifetime parole on habitual sex offenders
whose victims were under 14 years of age and on inmates sentenced for
lewd or lascivious acts committed upon the body of a minor,
continuous sexual abuse of a child, specified sexual conduct with a
child 10 years of age or younger, other specified sexual offenses
against a victim under 14 years of age, and aggravated sexual assault
of a child.
Under existing law, the period of parole for an inmate who has
received a life sentence for certain specified sex offenses is for a
period not exceeding 10 years.
This bill would include in this category of parolees, inmates who
have received a life sentence for kidnaping with intent to commit
certain specified crimes.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known as the Chelsea
King Child Predator Prevention Act of 2010.
SEC. 2. Section 220 of the Penal Code
is amended to read:
220. (a) (1) 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.
(2) Except as provided in subdivision (b), any person who assaults
another person under 18 years of age with the 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 five,
seven, or nine 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.
SECTION 1. SEC. 3. Section 264 of
the Penal Code is amended to read:
264. (a) Except as provided in subdivision (c), 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) (1) Any person who commits rape in violation of paragraph (2)
of subdivision (a) of Section 261 upon a child who is under 14 years
of age shall be punished by imprisonment in the state prison for 6,
12, or 16 years.
(2) Any person who commits rape in violation of paragraph (2) of
subdivision (a) of Section 261 upon a minor who is 14 years of age or
older shall be punished by imprisonment in the state prison for 6,
9, or 11 years.
(3) This subdivision does not preclude prosecution under Section
269 , Section 288.7, or any other provision of law .
SEC. 2. SEC. 4. 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) (1) If the victim of an offense described in subdivision (a)
is a child who is under 14 years of age, the defendant shall be
punished by imprisonment in the state prison for 7, 13, or 17 years.
(2) If the victim of an offense described in subdivision (a) is a
minor who is 14 years of age or older, the defendant shall be
punished by imprisonment in the state prison for 7, 10, or 12 years.
(3) This subdivision does not preclude prosecution under Section
269 , Section 288.7, or any other provision of law .
SEC. 3. SEC. 5. 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) (A) 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.
(B) Any person who commits an act of sodomy with another person
who is under 14 years of age 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 6,
12, or 16 years.
(C) Any person who commits an act of sodomy with another person
who is a minor 14 years of age or older 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 6, 9, or 11 years.
(D) This paragraph does not preclude prosecution under Section 269
, Section 288.7, or any other provision of law .
(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) (1) 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.
(2) 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 upon a victim who is under 14 years
of age, 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, shall be punished by imprisonment in the
state prison for 7, 13, or 17 years.
(3) 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 upon a victim who is a minor 14
years of age or older, 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, shall be punished by
imprisonment in the state prison for 7, 10, or 12 years.
(4) This subdivision does not preclude prosecution under Section
269 , Section 288.7, or any other provision of law .
(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.
SEC. 4. SEC. 6. 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 6, 12, or 16 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 6, 9, or 11 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) 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) 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) 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) 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) 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. 5. SEC. 7. 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) (A) 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.
(B) Any person who commits an act of oral copulation upon a person
who is under 14 years of age, 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 6,
12, or 16 years.
(C) Any person who commits an act of oral copulation upon a minor
who is 14 years of age or older, 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 6,
9, or 11 years.
(D) This paragraph does not preclude prosecution under Section 269
, Section 288.7, or any other provision of law .
(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) (1) 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.
(2) Any person who, while voluntarily acting in concert with
another person, either personally or aiding and abetting that other
person, commits an act of oral copulation upon a victim who is under
14 years of age, 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, shall be punished by
imprisonment in the state prison for 7, 13, or 17 years.
(3) Any person who, while voluntarily acting in concert with
another person, either personally or aiding and abetting that other
person, commits an act of oral copulation upon a victim who is a
minor 14 years of age or older, 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, shall be punished by
imprisonment in the state prison for 7, 10, or 12 years.
(4) This paragraph does not preclude prosecution under Section 269
, Section 288.7, or any other provision of law .
(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) 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) 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. 6. SEC. 8. Section 289 of the
Penal Code is amended to read:
289. (a) (1) (A) 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.
(B) Any person who commits an act of sexual penetration upon a
child who is under 14 years of age, 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 6, 12, or 16 years.
(C) Any person who commits an act of sexual penetration upon a
minor who is 14 years of age or older, 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 6, 9, or 11 years.
(D) This paragraph does not preclude prosecution under Section 269
, Section 288.7, or any other provision of law .
(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) 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.
(l) 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) 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. 7. SEC. 9. Section 647.9 is
added to the Penal Code, to read:
647.9. (a) Any person who is required to register pursuant to the
Sex Offender Registration Act for a felony offense, who enters any
park where children regularly gather without written permission, is
guilty of a misdemeanor.
(1) If the person is on parole, written permission shall be
obtained from the person's parole officer.
(2) If the person is not on parole, written permission shall be
obtained from the chief administrative official of the park.
(b) Punishment for a violation of this section shall be as
follows:
(1) Upon a first conviction, by imprisonment in a county jail not
exceeding six months, or by a fine not exceeding five hundred dollars
($500), or by both imprisonment and a fine.
(2) Upon a second conviction pursuant to this section, by
imprisonment in a county jail for a period of not less than 10 days
and not more than 6 months. In addition to imprisonment, a violation
of this section punishable pursuant to this paragraph may also be
punished by a fine not exceeding five hundred dollars ($500). A
defendant sentenced pursuant to this paragraph shall not be released
on probation, parole, or any other basis, until he or she has served
at least 10 days imprisonment in a county jail.
(3) Upon a third or subsequent conviction pursuant to this
section, by imprisonment in a county jail for a period of not less
than 90 days and not more than 6 months and a fine not exceeding five
hundred dollars ($500). A defendant sentenced pursuant to this
paragraph shall not be released on probation, parole, or any other
basis, until he or she has served at least 90 days imprisonment in a
county jail.
(c) This section does not preclude or prohibit prosecution under
any other provision of law.
SEC. 8. SEC. 10. Section 667.61 of
the Penal Code is amended to read:
667.61. (a) Except as provided in subdivision (j), (l), or (m),
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), (j), (l), or (m), 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.
(6) 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.
(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 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.
(4) The defendant has been convicted in the present case or cases
of committing an offense specified in subdivision (c) against more
than one victim.
(5) The defendant engaged in the tying or binding of the victim or
another person in the commission of the present offense.
(6) The defendant administered a controlled substance to the
victim in the commission of the present offense in violation of
Section 12022.75.
(7) 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), (e), or (k) that are required for the punishment
provided in subdivision (a), (b), (j), (l), or (m) 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),
(b), (j), (l), or (m), 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), (e), or (k) have been pled and proved, the minimum number of
circumstances shall be used as the basis for imposing the term
provided in subdivision (a), (j), or (l), 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), (e), or (k)
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), or in subdivision (n), 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) (1) Any person who is convicted of an
offense specified in subdivision (c) under one or more of the
circumstances specified in subdivision (d) , (e), or (k)
or (k), or under two or more of the circumstances
specified in subdivision (e), upon a victim who is a child
under 14 years of age shall be punished by imprisonment in the state
prison for life without the possibility of parole.
(2) Any person who is convicted of an offense specified in
subdivision (c) under one of the circumstances specified in
subdivision (e), upon a victim who is a child under 14 years of age
shall be punished by imprisonment in the state prison for 25 years to
life.
(k) Any person who is convicted of an offense specified in
subdivision (c) upon a victim who is a child under 14 years of age
and who, in the commission of the offense, inflicted physical injury
resulting in a traumatic condition as defined in subdivision (c) of
Section 273.5 shall be punished pursuant to subdivision (j).
(l) Any person who is convicted of an offense specified in
subdivision (n) under one or more of the circumstances specified in
subdivision (d) or under two or more of the circumstances specified
in subdivision (e), upon a victim who is a minor 14 years of age or
older shall be punished by imprisonment in the state prison for life
without the possibility of parole.
(m) Any person who is convicted of an offense specified in
subdivision (n) under one of the circumstances specified in
subdivision (e) against a minor 14 years of age or older shall be
punished by imprisonment in the state prison for 25 years to life.
(n) Subdivision (l) and (m) shall apply to any of the following
offenses:
(1) Rape, in violation of paragraph (2) of subdivision (a) of
Section 261.
(2) Spousal rape, in violation of paragraph (1) of subdivision (a)
of Section 262.
(3) Rape, spousal rape, or sexual penetration, in concert, in
violation of Section 264.1.
(4) Sexual penetration, in violation of paragraph (1) of
subdivision (a) of Section 289.
(5) Sodomy, in violation of paragraph (2) or subdivision
(c) or of subdivision (c) of Section 286, or in
violation of subdivision (d) of Section 286.
(6) Oral copulation, in violation of paragraph (2) of subdivision
(c) or of Section 288a, or in violation of
subdivision (d) of Section 288a.
(o) The penalties provided in this section shall apply only if the
existence of any circumstance specified in subdivision (d), (e), or
(k) 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.
SEC. 9. SEC. 11. 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 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), (11), or (18) of
subdivision (c) of Section 667.5 , or an offense specified in
paragraph (2) of subdivision (b) of Section 288, shall be
released on parole for a period not exceeding 10 years, unless a
longer period of parole is specified in Section 3000.1.
(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), and except as provided
in subdivision (a) of Section 3000.1, in the case of any offense for
which the inmate has received a life sentence pursuant to
subdivision (b) of Section 209, if that offense was committed
with the intent to commit a specified sexual offense, or
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. 10. SEC. 12. Section 3000.1 of
the Penal Code is amended to read:
3000.1. (a) (1) In the case of any inmate sentenced under Section
1168 for any offense of first or second degree murder with a maximum
term of life imprisonment, the period of parole, if parole is
granted, shall be the remainder of the inmate's life.
(2) Notwithstanding any other provision of law, in the case of any
inmate sentenced under subdivision (a) or paragraph (1) of
subdivision (b) of Section 288, Section 288.5, or Section 288.7, the
period of parole, if parole is granted, shall be the remainder of the
inmate's life.
(3) Notwithstanding any other provision of law, in the case of any
inmate sentenced under Section 667.71 in which one or more of the
victims of the offense was a child under 14 years of age, the period
of parole, if parole is granted, shall be the remainder of the inmate'
s life.
(4) Notwithstanding any other provision of law, in the case of any
inmate sentenced under Section 269, subdivision (c) of Section
667.51 with a maximum term of life imprisonment, paragraph (2)
of subdivision (j) of Section 667.61, or subdivision (m) of
Section 667.61, the period of parole, if parole is granted, shall be
the remainder of the inmate's life.
(5) Notwithstanding any other provision of law, in the case of any
inmate sentenced under Section 261, 262, 264.1, 286, 288a, or 289 in
which one or more of the victims of the offense was a child under 14
years of age, the period of parole, if parole is granted, shall be
the remainder of the inmate's life.
(b) Notwithstanding any other provision of law, when any person
referred to in paragraph (1) of subdivision (a) has been released on
parole from the state prison, and has been on parole continuously for
seven years in the case of any person imprisoned for first degree
murder, and five years in the case of any person imprisoned for
second degree murder, since release from confinement, the board
shall, within 30 days, discharge that person from parole, unless the
board, for good cause, determines that the person will be retained on
parole. The board shall make a written record of its determination
and transmit a copy of it to the parolee.
(c) In the event of a retention on parole, the parolee shall be
entitled to a review by the board each year thereafter.
(d) There shall be a hearing as provided in Sections 3041.5 and
3041.7 within 12 months of the date of any revocation of parole to
consider the release of the inmate on parole, and notwithstanding the
provisions of paragraph (2) of subdivision (b) of Section 3041.5,
there shall be annual parole consideration hearings thereafter,
unless the person is released or otherwise ineligible for parole
release. The panel or board shall release the person within one year
of the date of the revocation unless it determines that the
circumstances and gravity of the parole violation are such that
consideration of the public safety requires a more lengthy period of
incarceration or unless there is a new prison commitment following a
conviction.
(e) The provisions of Section 3042 shall not apply to any hearing
held pursuant to this section.
SEC. 11. SEC. 13. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.
SEC. 12. SEC. 14. The provisions of
this act are severable. If any provision of this act or its
application is held invalid, that invalidity shall not affect other
provisions or applications that can be given effect without the
invalid provision or application.