California Legislature—2015–16 Regular Session

Assembly BillNo. 1051


Introduced by Assembly Member Maienschein

(Coauthors: Assembly Members Atkins, Chávez, Gonzalez, Steinorth, and Waldron)

(Coauthors: Senators Anderson, Bates, Block, and Hueso)

February 26, 2015


An act to amend Section 186.22 of, and to add Section 266m to, the Penal Code, relating to human trafficking.

LEGISLATIVE COUNSEL’S DIGEST

AB 1051, as introduced, Maienschein. Human trafficking.

Existing law, as amended by Proposition 21, as approved by the voters at the March 7, 2000, statewide primary election, provides that any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang, shall be punished, as specified. Existing law defines “a pattern of criminal gang activity” as the commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of, 2 or more listed offenses. Proposition 21 may be amended by a statute passed by a 23 vote of the membership of each house of the Legislature.

This bill would add human trafficking as an offense that may be used to establish a pattern of criminal gang activity. Because this bill would amend Proposition 21, the bill requires a 23 vote.

Existing law provides various penalties for human trafficking and sex trafficking offenses.

This bill would require that a person convicted of a human trafficking offense or of specified sex trafficking offenses where any part of the violation takes place upon the grounds of, or within 1,000 feet of, a public or private elementary school, vocational, junior high, or high school during the hours that the school is open for classes or school-related programs, or at any time when minors are using the facility, to receive, in addition to any other penalty imposed, punishment of 3 years in state prison. The bill would also require that the person sentenced under this provision serve the entire term of his or her imprisonment for the underlying offense, as well as the additional term imposed, in the state prison.

Because this bill would change the definition of a crime, impose an enhancement on certain crimes, and require a higher level of service from local prosecutors in pleading and proving the enhancement, it would impose a state-mandated local program.

The bill would also correct cross-references and make conforming changes.

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: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P2    1

SECTION 1.  

Section 186.22 of the Penal Code, as amended
2by Section 1 of Chapter 508 of the Statutes of 2013, is amended
3to read:

4

186.22.  

(a) begin deleteAny end deletebegin insertA end insertperson who actively participates in any
5criminal street gang with knowledge that its members engage in
6or have engaged in a pattern of criminal gang activity, and who
7willfully promotes, furthers, or assists in any felonious criminal
8conduct by members of that gang, shall be punished by
9imprisonment in a county jail for a period not to exceed one year,
10or by imprisonment in the state prison for 16 months, or two or
11three years.

12(b) (1) Except as provided in paragraphs (4) and (5),begin delete anyend deletebegin insert aend insert
13 person who is convicted of a felony committed for the benefit of,
P3    1at the direction of, or in association with any criminal street gang,
2with the specific intent to promote, further, or assist in any criminal
3conduct by gang members, shall, upon conviction of that felony,
4in addition and consecutive to the punishment prescribed for the
5felony or attempted felony of which he or she has been convicted,
6be punished as follows:

7(A) Except as provided in subparagraphs (B) and (C), the person
8shall be punished by an additional term of two, three, or four years
9at the court’s discretion.

10(B) If the felony is a serious felony, as defined in subdivision
11(c) of Section 1192.7, the person shall be punished by an additional
12term of five years.

13(C) If the felony is a violent felony, as defined in subdivision
14(c) of Section 667.5, the person shall be punished by an additional
15term of 10 years.

16(2) If the underlying felony described in paragraph (1) is
17committed on the grounds of, or within 1,000 feet of, a public or
18private elementary, vocational, junior high, or high school, during
19hours in which the facility is open for classes or school-related
20programs or when minors are using the facility, that fact shall be
21a circumstance in aggravation of the crime in imposing a term
22under paragraph (1).

23(3) The court shall select the sentence enhancement which, in
24the court’s discretion, best serves the interests of justice and shall
25state the reasons for its choice on the record at the time of the
26sentencing in accordance with the provisions of subdivision (d) of
27Section 1170.1.

28(4) begin deleteAny end deletebegin insertA end insertperson who is convicted of a felony enumerated in
29this paragraph committed for the benefit of, at the direction of, or
30in association with any criminal street gang, with the specific intent
31to promote, further, or assist in any criminal conduct by gang
32members, shall, upon conviction of that felony, be sentenced to
33an indeterminate term of life imprisonment with a minimum term
34of the indeterminate sentence calculated as the greater of:

35(A) The term determined by the court pursuant to Section 1170
36for the underlying conviction, including any enhancement
37applicable under Chapter 4.5 (commencing with Section 1170) of
38Title 7 of Part 2, or any period prescribed by Section 3046, if the
39felony is any of the offenses enumerated in subparagraph (B) or
40(C) of this paragraph.

P4    1(B) Imprisonment in the state prison for 15 years, if the felony
2is a home invasion robbery, in violation of subparagraph (A) of
3paragraph (1) of subdivision (a) of Section 213; carjacking, as
4defined in Section 215; a felony violation of Section 246; or a
5violation of Section 12022.55.

6(C) Imprisonment in the state prison for seven years, if the
7felony is extortion, as defined in Section 519; or threats to victims
8and witnesses, as defined in Section 136.1.

9(5) Except as provided in paragraph (4),begin delete anyend deletebegin insert aend insert person who
10violates this subdivision in the commission of a felony punishable
11by imprisonment in the state prison for life shall not be paroled
12until a minimum of 15 calendar years have been served.

13(c) If the court grants probation or suspends the execution of
14sentence imposed upon the defendant for a violation of subdivision
15(a), or in cases involving a true finding of the enhancement
16enumerated in subdivision (b), the court shall require that the
17defendant serve a minimum of 180 days in a county jail as a
18condition thereof.

19(d) begin deleteAny end deletebegin insertA end insertperson who is convicted of a public offense
20punishable as a felony or a misdemeanor, which is committed for
21the benefit of, at the direction of, or in association withbegin delete anyend deletebegin insert aend insert
22 criminal street gang, with the specific intent to promote, further,
23 or assist in any criminal conduct by gang members, shall be
24punished by imprisonment in a county jail not to exceed one year,
25or by imprisonment in a state prison for one, two, or three years,
26provided thatbegin delete anyend deletebegin insert aend insert person sentenced to imprisonment inbegin delete theend deletebegin insert aend insert
27 county jail shall be imprisoned for a period not to exceed one year,
28but not less than 180 days, and shall not be eligible for release
29upon completion of sentence, parole, or any other basis, until he
30or she has served 180 days. If the court grants probation or
31suspends the execution of sentence imposed upon the defendant,
32it shall require as a condition thereof that the defendant serve 180
33days in a county jail.

34(e) As used in this chapter, “pattern of criminal gang activity”
35means the commission of, attempted commission of, conspiracy
36to commit, or solicitation of, sustained juvenile petition for, or
37conviction of two or more of the following offenses, provided at
38least one of these offenses occurred after the effective date of this
39chapter and the last of those offenses occurred within three years
P5    1after a prior offense, and the offenses were committed on separate
2occasions, or by two or more persons:

3(1) Assault with a deadly weapon or by means of force likely
4to produce great bodily injury, as defined in Section 245.

5(2) Robbery, as defined in Chapter 4 (commencing with Section
6211) of Titlebegin delete 8 of Part 1.end deletebegin insert 8.end insert

7(3) Unlawful homicide or manslaughter, as defined in Chapter
81 (commencing with Section 187) of Titlebegin delete 8 of Part 1.end deletebegin insert 8.end insert

9(4) The sale, possession for sale, transportation, manufacture,
10offer for sale, or offer to manufacture controlled substances as
11defined in Sections 11054, 11055, 11056, 11057, and 11058 of
12the Health and Safety Code.

13(5) Shooting at an inhabited dwelling or occupied motor vehicle,
14as defined in Section 246.

15(6) Discharging or permitting the discharge of a firearm from
16a motor vehicle, as defined in subdivisions (a) and (b) of Section begin delete17 12034 until January 1, 2012, and, on or after that date, subdivisions
18(a) and (b) of Sectionend delete
26100.

19(7) Arson, as defined in Chapter 1 (commencing with Section
20450) of Title 13.

21(8) The intimidation of witnesses and victims, as defined in
22Section 136.1.

23(9) Grand theft, as defined in subdivision (a) or (c) of Section
24487.

25(10) Grand theft of any firearm, vehicle, trailer, or vessel.

26(11) Burglary, as defined in Section 459.

27(12) Rape, as defined in Section 261.

28(13) Looting, as defined in Section 463.

29(14) Money laundering, as defined in Section 186.10.

30(15) Kidnapping, as defined in Section 207.

31(16) Mayhem, as defined in Section 203.

32(17) Aggravated mayhem, as defined in Section 205.

33(18) Torture, as defined in Section 206.

34(19) Felony extortion, as defined in Sections 518 and 520.

35(20) Felony vandalism, as defined in paragraph (1) of
36subdivision (b) of Section 594.

37(21) Carjacking, as defined in Section 215.

38(22) The sale, delivery, or transfer of a firearm, as defined in
39begin delete Section 12072 until January 1, 2012, and, on or after that date,end delete
P6    1 Article 1 (commencing with Section 27500) of Chapter 4 of
2Division 6 of Title 4 of Part 6.

3(23) Possession of a pistol, revolver, or other firearm capable
4of being concealed upon the person in violation ofbegin delete paragraph (1)
5of subdivision (a) of Section 12101 until January 1, 2012, and, on
6or after that date,end delete
Section 29610.

7(24) Threats to commit crimes resulting in death or great bodily
8injury, as defined in Section 422.

9(25) Theft and unlawful taking or driving of a vehicle, as defined
10in Section 10851 of the Vehicle Code.

11(26) Felony theft of an access card or account information, as
12defined in Section 484e.

13(27) Counterfeiting, designing, using, or attempting to use an
14access card, as defined in Section 484f.

15(28) Felony fraudulent use of an access card or account
16information, as defined in Section 484g.

17(29) Unlawful use of personal identifying information to obtain
18credit, goods, services, or medical information, as defined in
19Section 530.5.

20(30) Wrongfully obtaining Department of Motor Vehicles
21documentation, as defined in Section 529.7.

22(31) Prohibited possession of a firearm in violation ofbegin delete Section
2312021 until January 1, 2012, and on or after that date,end delete
Chapter 2
24(commencing with Section 29800) of Division 9 of Title 4 of Part
256.

26(32) Carrying a concealed firearm in violation of Sectionbegin delete 12025
27until January 1, 2012, and, on or after that date, Sectionend delete
25400.

28(33) Carrying a loaded firearm in violation of Sectionbegin delete 12031
29until January 1, 2012, and, on or after that date, Sectionend delete
25850.

begin insert

30(34) Human trafficking in violation of Section 236.1.

end insert

31(f) As used in this chapter, “criminal street gang” means any
32ongoing organization, association, or group of three or more
33persons, whether formal or informal, having as one of its primary
34activities the commission of one or more of the criminal acts
35enumerated in paragraphs (1) to (25), inclusive, or (31) tobegin delete (33),end delete
36begin insert (34),end insert inclusive, of subdivision (e), having a common name or
37common identifying sign or symbol, and whose members
38individually or collectively engage in or have engaged in a pattern
39of criminal gang activity.

P7    1(g) Notwithstanding any other law, the court may strike the
2additional punishment for the enhancements provided in this
3section or refuse to impose the minimum jail sentence for
4misdemeanors in an unusual case where the interests of justice
5would best be served, if the court specifies on the record and enters
6into the minutes the circumstances indicating that the interests of
7justice would best be served by that disposition.

8(h) Notwithstanding any otherbegin delete provision ofend delete law, for each person
9committed to the Department of Corrections and Rehabilitation,
10Division of Juvenile Facilities for a conviction pursuant to
11subdivision (a) or (b) of this section, the offense shall be deemed
12one for which the state shall pay the rate of 100 percent of the per
13capita institutional cost of the Department of Corrections and
14Rehabilitation, Division of Juvenilebegin delete Facilities, pursuant to Section
15912.5 of the Welfare and Institutions Code.end delete
begin insert Facilities.end insert

16(i) In order to secure a conviction or sustain a juvenile petition,
17pursuant to subdivision (a) it is not necessary for the prosecution
18to prove that the person devotes all, or a substantial part, of his or
19her time or efforts to the criminal street gang, nor is it necessary
20to prove that the person is a member of the criminal street gang.
21Active participation in the criminal street gang is all that is
22required.

23(j) A pattern of gang activity may be shown by the commission
24of one or more of the offenses enumerated in paragraphs (26) to
25(30), inclusive, of subdivision (e), and the commission of one or
26more of the offenses enumerated in paragraphs (1) to (25),
27inclusive, or (31) tobegin delete (33),end deletebegin insert (34),end insert inclusive, of subdivision (e). A
28pattern of gang activity cannot be established solely by proof of
29commission of offenses enumerated in paragraphs (26) to (30),
30inclusive, of subdivision (e), alone.

31(k) This section shall remain in effect only until January 1, 2017,
32and as of that date is repealed, unless a later enacted statute, that
33is enacted before January 1, 2017, deletes or extends that date.

34

SEC. 2.  

Section 186.22 of the Penal Code, as amended by
35Section 2 of Chapter 508 of the Statutes of 2013, is amended to
36read:

37

186.22.  

(a) begin deleteAny end deletebegin insertA end insertperson who actively participates in any
38criminal street gang with knowledge that its members engage in
39or have engaged in a pattern of criminal gang activity, and who
40willfully promotes, furthers, or assists in any felonious criminal
P8    1conduct by members of that gang, shall be punished by
2imprisonment in a county jail for a period not to exceed one year,
3or by imprisonment in the state prison for 16 months, or two or
4three years.

5(b) (1) Except as provided in paragraphs (4) and (5),begin delete anyend deletebegin insert aend insert
6 person who is convicted of a felony committed for the benefit of,
7at the direction of, or in association with any criminal street gang,
8with the specific intent to promote, further, or assist in any criminal
9conduct by gang members, shall, upon conviction of that felony,
10in addition and consecutive to the punishment prescribed for the
11felony or attempted felony of which he or she has been convicted,
12be punished as follows:

13(A) Except as provided in subparagraphs (B) and (C), the person
14shall be punished by an additional term of two, three, or four years
15at the court’s discretion.

16(B) If the felony is a serious felony, as defined in subdivision
17(c) of Section 1192.7, the person shall be punished by an additional
18term of five years.

19(C) If the felony is a violent felony, as defined in subdivision
20(c) of Section 667.5, the person shall be punished by an additional
21term of 10 years.

22(2) If the underlying felony described in paragraph (1) is
23committed on the grounds of, or within 1,000 feet of, a public or
24private elementary, vocational, junior high, or high school, during
25hours in which the facility is open for classes or school-related
26programs or when minors are using the facility, that fact shall be
27a circumstance in aggravation of the crime in imposing a term
28under paragraph (1).

29(3) The court shall order the imposition of the middle term of
30the sentence enhancement, unless there are circumstances in
31aggravation or mitigation. The court shall state the reasons for its
32choice of sentencing enhancements on the record at the time of
33the sentencing.

34(4) begin deleteAny end deletebegin insertA end insertperson who is convicted of a felony enumerated in
35this paragraph committed for the benefit of, at the direction of, or
36in association with any criminal street gang, with the specific intent
37to promote, further, or assist in any criminal conduct by gang
38members, shall, upon conviction of that felony, be sentenced to
39an indeterminate term of life imprisonment with a minimum term
40of the indeterminate sentence calculated as the greater of:

P9    1(A) The term determined by the court pursuant to Section 1170
2for the underlying conviction, including any enhancement
3applicable under Chapter 4.5 (commencing with Section 1170) of
4Title 7 of Part 2, or any period prescribed by Section 3046, if the
5felony is any of the offenses enumerated in subparagraph (B) or
6(C) of this paragraph.

7(B) Imprisonment in the state prison for 15 years, if the felony
8is a home invasion robbery, in violation of subparagraph (A) of
9paragraph (1) of subdivision (a) of Section 213; carjacking, as
10defined in Section 215; a felony violation of Section 246; or a
11violation of Section 12022.55.

12(C) Imprisonment in the state prison for seven years, if the
13felony is extortion, as defined in Section 519; or threats to victims
14and witnesses, as defined in Section 136.1.

15(5) Except as provided in paragraph (4),begin delete anyend deletebegin insert aend insert person who
16violates this subdivision in the commission of a felony punishable
17by imprisonment in the state prison for life shall not be paroled
18until a minimum of 15 calendar years have been served.

19(c) If the court grants probation or suspends the execution of
20sentence imposed upon the defendant for a violation of subdivision
21(a), or in cases involving a true finding of the enhancement
22enumerated in subdivision (b), the court shall require that the
23defendant serve a minimum of 180 days in a county jail as a
24condition thereof.

25(d) begin deleteAny end deletebegin insertA end insertperson who is convicted of a public offense
26punishable as a felony or a misdemeanor, which is committed for
27the benefit of, at the direction of, or in association withbegin delete anyend deletebegin insert aend insert
28 criminal street gang, with the specific intent to promote, further,
29 or assist in any criminal conduct by gang members, shall be
30punished by imprisonment in a county jail not to exceed one year,
31or by imprisonment in a state prison for one, two, or three years,
32provided thatbegin delete anyend deletebegin insert aend insert person sentenced to imprisonment inbegin delete theend deletebegin insert aend insert
33 county jail shall be imprisoned for a period not to exceed one year,
34but not less than 180 days, and shall not be eligible for release
35upon completion of sentence, parole, or any other basis, until he
36or she has served 180 days. If the court grants probation or
37suspends the execution of sentence imposed upon the defendant,
38it shall require as a condition thereof that the defendant serve 180
39days in a county jail.

P10   1(e) As used in this chapter, “pattern of criminal gang activity”
2means the commission of, attempted commission of, conspiracy
3to commit, or solicitation of, sustained juvenile petition for, or
4conviction of two or more of the following offenses, provided at
5least one of these offenses occurred after the effective date of this
6chapter and the last of those offenses occurred within three years
7after a prior offense, and the offenses were committed on separate
8occasions, or by two or more persons:

9(1) Assault with a deadly weapon or by means of force likely
10to produce great bodily injury, as defined in Section 245.

11(2) Robbery, as defined in Chapter 4 (commencing with Section
12211) of Titlebegin delete 8 of Part 1.end deletebegin insert 8.end insert

13(3) Unlawful homicide or manslaughter, as defined in Chapter
141 (commencing with Section 187) of Titlebegin delete 8 of Part 1.end deletebegin insert 8.end insert

15(4) The sale, possession for sale, transportation, manufacture,
16offer for sale, or offer to manufacture controlled substances as
17defined in Sections 11054, 11055, 11056, 11057, and 11058 of
18the Health and Safety Code.

19(5) Shooting at an inhabited dwelling or occupied motor vehicle,
20as defined in Section 246.

21(6) Discharging or permitting the discharge of a firearm from
22a motor vehicle, as defined in subdivisions (a) and (b) of Section
23begin delete 12034 until January 1, 2012, and, on or after that date, subdivisions
24(a) and (b) of Sectionend delete
26100.

25(7) Arson, as defined in Chapter 1 (commencing with Section
26450) of Title 13.

27(8) The intimidation of witnesses and victims, as defined in
28Section 136.1.

29(9) Grand theft, as defined in subdivision (a) or (c) of Section
30487.

31(10) Grand theft of any firearm, vehicle, trailer, or vessel.

32(11) Burglary, as defined in Section 459.

33(12) Rape, as defined in Section 261.

34(13) Looting, as defined in Section 463.

35(14) Money laundering, as defined in Section 186.10.

36(15) Kidnapping, as defined in Section 207.

37(16) Mayhem, as defined in Section 203.

38(17) Aggravated mayhem, as defined in Section 205.

39(18) Torture, as defined in Section 206.

40(19) Felony extortion, as defined in Sections 518 and 520.

P11   1(20) Felony vandalism, as defined in paragraph (1) of
2subdivision (b) of Section 594.

3(21) Carjacking, as defined in Section 215.

4(22) The sale, delivery, or transfer of a firearm, as defined in
5begin delete Section 12072 until January 1, 2012, and, on or after that date,end delete
6 Article 1 (commencing with Section 27500) of Chapter 4 of
7Division 6 of Title 4 of Part 6.

8(23) Possession of a pistol, revolver, or other firearm capable
9of being concealed upon the person in violation of begin delete paragraph (1)
10of subdivision (a) of Section 12101 until January 1, 2012, and, on
11or after that date,end delete
Section 29610.

12(24) Threats to commit crimes resulting in death or great bodily
13injury, as defined in Section 422.

14(25) Theft and unlawful taking or driving of a vehicle, as defined
15in Section 10851 of the Vehicle Code.

16(26) Felony theft of an access card or account information, as
17defined in Section 484e.

18(27) Counterfeiting, designing, using, or attempting to use an
19access card, as defined in Section 484f.

20(28) Felony fraudulent use of an access card or account
21information, as defined in Section 484g.

22(29) Unlawful use of personal identifying information to obtain
23credit, goods, services, or medical information, as defined in
24Section 530.5.

25(30) Wrongfully obtaining Department of Motor Vehicles
26documentation, as defined in Section 529.7.

27(31) Prohibited possession of a firearm in violation ofbegin delete Section
2812021 until January 1, 2012, and, on or after that date,end delete
Chapter 2
29(commencing with Section 29800) of Division 9 of Title 4 of Part
306.

31(32) Carrying a concealed firearm in violation of Sectionbegin delete 12025
32until January 1, 2012, and, on or after that date, Sectionend delete
25400.

33(33) Carrying a loaded firearm in violation of Sectionbegin delete 12031
34until January 1, 2012, and, on or after that date, Sectionend delete
25850.

begin insert

35(34) Human trafficking in violation of Section 236.1.

end insert

36(f) As used in this chapter, “criminal street gang” means any
37ongoing organization, association, or group of three or more
38persons, whether formal or informal, having as one of its primary
39activities the commission of one or more of the criminal acts
40enumerated in paragraphs (1) to (25), inclusive, or (31) tobegin delete (33),end delete
P12   1begin insert (34),end insert inclusive, of subdivision (e), having a common name or
2common identifying sign or symbol, and whose members
3individually or collectively engage in or have engaged in a pattern
4of criminal gang activity.

5(g) Notwithstanding any other law, the court may strike the
6additional punishment for the enhancements provided in this
7section or refuse to impose the minimum jail sentence for
8misdemeanors in an unusual case where the interests of justice
9would best be served, if the court specifies on the record and enters
10into the minutes the circumstances indicating that the interests of
11justice would best be served by that disposition.

12(h) Notwithstanding any otherbegin delete provision ofend delete law, for each person
13committed to the Department of Corrections and Rehabilitation,
14Division of Juvenile Facilities for a conviction pursuant to
15subdivision (a) or (b) of this section, the offense shall be deemed
16one for which the state shall pay the rate of 100 percent of the per
17capita institutional cost of the Department of Corrections and
18Rehabilitation, Division of Juvenilebegin delete Facilities, pursuant to Section
19912.5 of the Welfare and Institutions Code.end delete
begin insert Facilities.end insert

20(i) In order to secure a conviction or sustain a juvenile petition,
21pursuant to subdivision (a) it is not necessary for the prosecution
22to prove that the person devotes all, or a substantial part, of his or
23her time or efforts to the criminal street gang, nor is it necessary
24to prove that the person is a member of the criminal street gang.
25Active participation in the criminal street gang is all that is
26required.

27(j) A pattern of gang activity may be shown by the commission
28of one or more of the offenses enumerated in paragraphs (26) to
29(30), inclusive, of subdivision (e), and the commission of one or
30more of the offenses enumerated in paragraphs (1) to (25),
31inclusive, or (31) tobegin delete (33),end deletebegin insert (34),end insert inclusive, of subdivision (e). A
32pattern of gang activity cannot be established solely by proof of
33commission of offenses enumerated in paragraphs (26) to (30),
34inclusive, of subdivision (e), alone.

35(k) This section shall become operative on January 1, 2017.

36

SEC. 3.  

Section 266m is added to the Penal Code, to read:

37

266m.  

(a) A person who is convicted of a felony violation of
38Section 236.1, 266, 266a, 266b, 266c, 266d, 266e, 266f, 266g,
39266h, 266i, or 266j, where any part of the violation takes place on
40the grounds of, or within 1,000 feet of, a public or private
P13   1elementary, vocational, junior high, or high school, during hours
2that the school is open for classes or school-related programs or
3at any time when minors are using the facility, shall receive, in
4addition to any other penalty imposed, punishment of three years
5in the state prison.

6(b) A person sentenced pursuant to this section shall serve the
7entire term of his or her imprisonment for the underlying offense
8as well as the additional term imposed pursuant to this section in
9the state prison.

10

SEC. 4.  

No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution because
12the only costs that may be incurred by a local agency or school
13district will be incurred because this act creates a new crime or
14infraction, eliminates a crime or infraction, or changes the penalty
15for a crime or infraction, within the meaning of Section 17556 of
16the Government Code, or changes the definition of a crime within
17the meaning of Section 6 of Article XIII B of the California
18Constitution.



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