BILL ANALYSIS �
AB 1026
Page 1
Date of Hearing: April 26, 2011
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1026 (Knight) - As Introduced: February 18, 2011
SUMMARY : Recasts provisions of law relating to assault with
force likely to produce great bodily injury (GBI) and assault
with a deadly weapon (ADW) by creating separate and distinct
subdivisions.
EXISTING LAW :
1)Provides that "�a]ny 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
bodily injury shall be punished by imprisonment in the state
prison for 2, 3, or 4 years, or in a county jail for not more
than one year, or by a fine not to exceed $10,000, or by both
the fine and imprisonment." �Penal Code Section 245(a)(1).]
2)Provides that if a defendant is convicted of a felony offense
and it is pled and proved that the defendant has been
convicted of one prior serious or violent offense as defined,
the term of imprisonment is twice the term otherwise imposed
for the current offense. (Penal Code Sections 667 and
1170.12.)
3)Provides that if a defendant is convicted of a felony offense
and it is pled and proved that the defendant has previously
been convicted of two or more serious or violent offenses as
specified, the term for the current conviction is an
indeterminate term of life in prison with the minimum term
calculated as the greater of 25 years, three times the term
provided for each current felony conviction, or the
determinate term which would otherwise be imposed including
enhancements. (Penal Code Sections 667 and 1170.12.)
4)Provides that assault with a deadly weapon or instrument on a
peace officer is a serious felony. �Penal Code Section
1192.7(c)(11).]
AB 1026
Page 2
5)Provides that assault with a deadly weapon, firearm, machine
gun, assault weapon, or semiautomatic firearm or assault on a
peace officer or firefighter, in violation of Section 245 are
serious felonies. �Penal Code Section 1192.7(c)(31).]
FISCAL EFFECT : None
COMMENTS :
1)Author's Statement : According to the author, "AB 1026 will
make it easier for prosecutors and defense attorneys to
determine whether or not a defendant's prior conviction for
assault with a deadly weapon statute (Penal Code Section
245(a)(1)) involves situations where a defendant commits an
assault on a person with a deadly weapon or a situation in
which a defendant commits an assault likely to produce great
bodily injury. Under California law an assault with a deadly
weapon can be treated more severely than an assault likely to
produce great bodily injury.
"At the time of the filing of a criminal case, the prosecutor
reviews the defendant's criminal history to determine what
priors or enhancements, if any, to allege. Both CCHRS and CII
(databases which contain a person's prior arrest and
conviction information) list prior convictions by code
section. Thus, the prosecutor will see "PC �245(a)(1)" on a
defendant's rap sheet and not know if it was an assault with a
deadly weapon or an assault likely to produce great bodily
injury. This causes problems by clogging the court system
with cases which could be settled at an early disposition
hearing or prior to a preliminary hearing, but cannot, because
the true nature of the PC �245(a)(1) conviction is not known.
"AB 1026 amends existing Penal Code Section 245(a)(1) by
deleting the words, "or by means of force likely to produce
great bodily injury" and placing the deleted words in a new
subdivision (Penal Code Section 245(a)(4)) so that in the
future it will be clear what type of an assault occurred.
"AB 1026 if enacted, will allow for a more efficient assessment
of a defendant's prior criminal history and would lead to a
more accurate and earlier disposition of criminal cases. AB
1026 does not create any new felonies or expand the punishment
for any existing felonies. It merely splits an ambiguous code
AB 1026
Page 3
section into two distinct parts."
REGISTERED SUPPORT / OPPOSITION :
Support
None
Opposition
None
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744