California Legislature—2013–14 Regular Session

Assembly Bill No. 1321

Introduced by Assembly Member Jones

February 22, 2013

An act to amend Sections 1170.125 and 1192.7 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

AB 1321, as introduced, Jones. Serious felonies.

Existing law, as added by Proposition 8, adopted June 8, 1982, and amended by Proposition 21, adopted March 7, 2000, among other things, defines a serious felony. Existing law, also added by Proposition 8, adopted June 8, 1982, and amended by Proposition 36, adopted November 6, 2012, commonly known as the Three Strikes Law, requires increased penalties for certain recidivist offenders in addition to any other enhancement or penalty provisions that may apply, including individuals with current and prior convictions of a serious felony, as specified. Existing law, the Three Strikes Law, specifies that references to code sections contained in the law, including references to the definition of a serious felony, are to those statutes as they existed on November 7, 2012. The Legislature may directly amend Proposition 8 and Proposition 21 by a statute passed in each house by a 2⁄3 vote, or by a statute that becomes effective only when approved by the voters. The Legislature may directly amend Proposition 36 by a statute passed in each house by a 2⁄3 vote and the Governor concurring, or with a majority vote to be placed on the next general ballot, or by a statute that becomes effective when approved by a majority of the electors.

This bill would add certain felonies, including threatening a witness and human trafficking, to the definition of a serious felony, as specified. The bill would specify that references to code sections contained in the Three Strikes Law are to those statutes as they exist January 1, 2014. Because the bill would impose additional duties on local prosecutors, and because it would expand the punishments for existing crimes, it would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1170.125 of the Penal Code is amended
to read:

1170.125.  

Notwithstanding Section 2 of Proposition 184, as
adopted at the November 8, 1994, General Election, for all offenses
committed on or after begin delete November 7, 2012, end delete begin insert January 1, 2014, end insert all
references to existing statutes in Sections 1170.12 and 1170.126
are to those sections as they existed on begin delete November 7, 2012 end delete begin insert January
1, 2014 end insert .

SEC. 2.  

Section 1192.7 of the Penal Code is amended to read:

1192.7.  

(a) (1) It is the intent of the Legislature that district
attorneys prosecute violent sex crimes under statutes that provide
sentencing under a “one strike,” “three strikes” or habitual sex
offender statute instead of engaging in plea bargaining over those
offenses.

(2) Plea bargaining in any case in which the indictment or
information charges any serious felony, any felony in which it is
alleged that a firearm was personally used by the defendant, or
any offense of driving while under the influence of alcohol, drugs,
narcotics, or any other intoxicating substance, or any combination
thereof, is prohibited, unless there is insufficient evidence to prove
the people’s case, or testimony of a material witness cannot be
obtained, or a reduction or dismissal would not result in a
substantial change in sentence.

(3) If the indictment or information charges the defendant with
a violent sex crime, as listed in subdivision (c) of Section 667.61,
that could be prosecuted under Sections 269, 288.7, subdivisions
(b) through (i) of Section 667, Section 667.61, or 667.71, plea
bargaining is prohibited unless there is insufficient evidence to
prove the people’s case, or testimony of a material witness cannot
be obtained, or a reduction or dismissal would not result in a
substantial change in sentence. At the time of presenting the
agreement to the court, the district attorney shall state on the record
why a sentence under one of those sections was not sought.

(b) As used in this section “plea bargaining” means any
bargaining, negotiation, or discussion between a criminal
defendant, or his or her counsel, and a prosecuting attorney or
judge, whereby the defendant agrees to plead guilty or nolo
contendere, in exchange for any promises, commitments,
concessions, assurances, or consideration by the prosecuting
attorney or judge relating to any charge against the defendant or
to the sentencing of the defendant.

(c) As used in this section, “serious felony” means any of the
following:

(1) Murder or voluntary manslaughter; (2) mayhem; (3) rape;
(4) sodomy by force, violence, duress, menace, threat of great
bodily injury, or fear of immediate and unlawful bodily injury on
the victim or another person; (5) oral copulation by force, violence,
duress, menace, threat of great bodily injury, or fear of immediate
and unlawful bodily injury on the victim or another person; (6)
lewd or lascivious act on a child under 14 years of age; (7) any
felony punishable by death or imprisonment in the state prison for
life; (8) any felony in which the defendant personally inflicts great
bodily injury on any person, other than an accomplice, or any
felony in which the defendant personally uses a firearm; (9)
attempted murder; (10) assault with intent to commit rape or
robbery; (11) assault with a deadly weapon or instrument on a
peace officer; (12) assault by a life prisoner on a noninmate; (13)
assault with a deadly weapon by an inmate; (14) arson; (15)
exploding a destructive device or any explosive with intent to
injure; (16) exploding a destructive device or any explosive causing
bodily injury, great bodily injury, or mayhem; (17) exploding a
destructive device or any explosive with intent to murder; (18) any
burglary of the first degree; (19) robbery or bank robbery; (20)
kidnapping; (21) holding of a hostage by a person confined in a
state prison; (22) attempt to commit a felony punishable by death
or imprisonment in the state prison for life; (23) any felony in
which the defendant personally used a dangerous or deadly weapon;
(24) selling, furnishing, administering, giving, or offering to sell,
furnish, administer, or give to a minor any heroin, cocaine,
phencyclidine (PCP), or any methamphetamine-related drug, as
described in paragraph (2) of subdivision (d) of Section 11055 of
the Health and Safety Code, or any of the precursors of
methamphetamines, as described in subparagraph (A) of paragraph
(1) of subdivision (f) of Section 11055 or subdivision (a) of Section
11100 of the Health and Safety Code; (25) any violation of
subdivision (a) of Section 289 where the act is accomplished
against the victim’s will by force, violence, duress, menace, or
fear of immediate and unlawful bodily injury on the victim or
another person; (26) grand theft involving a firearm; (27)
carjacking; (28) any felony offense, which would also constitute
a felony violation of Section 186.22; (29) assault with the intent
to commit mayhem, rape, sodomy, or oral copulation, in violation
of Section 220; (30) throwing acid or flammable substances, in
violation of Section 244; (31) assault with a deadly weapon,
firearm, machinegun, assault weapon, or semiautomatic firearm
or assault on a peace officer or firefighter, in violation of Section
245; (32) assault with a deadly weapon against a public transit
employee, custodial officer, or school employee, in violation of
Section 245.2, 245.3, or 245.5; (33) discharge of a firearm at an
inhabited dwelling, vehicle, or aircraft, in violation of Section 246;
(34) commission of rape or sexual penetration in concert with
another person, in violation of Section 264.1; (35) continuous
sexual abuse of a child, in violation of Section 288.5; (36) shooting
from a vehicle, in violation of subdivision (c) or (d) of Section
26100; (37) intimidation of victims or witnesses, in violation of
Section 136.1; (38) begin insert threatening a witness, informant, or victim or
his or her immediate family in violation of Section 139 or 140;
(39) end insert criminal threats, in violation of Section 422; begin delete (39) end delete begin insert (40) end insert any
attempt to commit a crime listed in this subdivision other than an
assault; begin delete (40) end delete begin insert (41) end insert any violation of Section 12022.53; begin delete (41) end delete begin insert (42) end insert a
violation of subdivision (b) or (c) of Section 11418; begin delete and (42) end delete begin insert (43) end insert
any conspiracy to commit an offense described in this subdivision begin insert ;
(44) human trafficking in violation of Section 236.1; (45) child
abuse likely to result in great bodily harm in violation of
subdivision (a) of Section 273a or child abuse in violation of
Section 273d; (46) stalking in violation of Section 646.9; (47)
solicitation to commit murder or a designated sexual assault in
violation of subdivision (b) or (c) of Section 653f; (48) taking a
hostage to prevent arrest or to use as a shield in violation of
Section 210.5; (49) a felony in which a hate crime enhancement
pursuant to Section 422.75 is pled and proved; (50) violation of
Section 18715, 18720, 18725, 18730, or subdivision (a) or (d) of
Section 11418, relating to destructive devices; (51) threatening to
use a weapon of mass destruction in violation of Section 11418.5;
(52) possession of restricted biological agents in violation of
Section 11419; (53) exploding a destructive device to terrorize in
violation of Section 11413; (54) felony elder abuse in violation of
Section 368; (55) a felony violation of fleeing or evading a
pursuing peace officer in violation of Section 2800.2, 2800.3, or
2800.4 of the Vehicle Code; (56) manufacturing a controlled
substance in violation of Section 11379.6 of the Health and Safety
Code; (57) a felony where a loss of over two hundred thousand
dollars ($200,000) is proved, as provided in paragraphs (2), (3),
and (4) of subdivision (a) of Section 12022.6; (58) possession of
a firearm by a person who has a prior specified felony in violation
of Section 29900; (59) lynching in violation of Section 405b; and
(60) street gang recruiting in violation of Section 186.26 end insert .

(d) As used in this section, “bank robbery” means to take or
attempt to take, by force or violence, or by intimidation from the
person or presence of another any property or money or any other
thing of value belonging to, or in the care, custody, control,
management, or possession of, any bank, credit union, or any
savings and loan association.

As used in this subdivision, the following terms have the
following meanings:

(1) “Bank” means any member of the Federal Reserve System,
and any bank, banking association, trust company, savings bank,
or other banking institution organized or operating under the laws
of the United States, and any bank the deposits of which are insured
by the Federal Deposit Insurance Corporation.

(2) “Savings and loan association” means any federal savings
and loan association and any “insured institution” as defined in
Section 401 of the National Housing Act, as amended, and any
federal credit union as defined in Section 2 of the Federal Credit
Union Act.

(3) “Credit union” means any federal credit union and any
state-chartered credit union the accounts of which are insured by
the Administrator of the National Credit Union administration.

(e) The provisions of this section shall not be amended by the
Legislature except by statute passed in each house by rollcall vote
entered in the journal, two-thirds of the membership concurring,
or by a statute that becomes effective only when approved by the
electors.

SEC. 3.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.