California Legislature—2015–16 Regular Session

Assembly BillNo. 2481


Introduced by Assembly Member Lackey

February 19, 2016


An act to amend Section 12022.53 of the Penal Code, relating to sentencing.

LEGISLATIVE COUNSEL’S DIGEST

AB 2481, as introduced, Lackey. Sentencing: enhancements: crossbows.

Existing law provides for specified enhancements for the use or discharge of a firearm, or discharge of a firearm that causes serious bodily injury or death, in connection with certain offenses, as specified.

This bill would also make those enhancements applicable if the weapon used or discharged is a crossbow. By expanding the scope of an enhancement, this bill 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: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P1    1

SECTION 1.  

This act shall be known and may be cited as the 2Charles Emmanuel Briggs Memorial Act of 2016.

P2    1

SEC. 2.  

Section 12022.53 of the Penal Code is amended to
2read:

3

12022.53.  

(a) This section applies to the following felonies:

4(1) Section 187 (murder).

5(2) Section 203 or 205 (mayhem).

6(3) Section 207, 209, or 209.5 (kidnapping).

7(4) Section 211 (robbery).

8(5) Section 215 (carjacking).

9(6) Section 220 (assault with intent to commit a specified
10felony).

11(7) Subdivision (d) of Section 245 (assault with a firearm on a
12peace officer or firefighter).

13(8) Section 261 or 262 (rape).

14(9) Section 264.1 (rape or sexual penetration in concert).

15(10) Section 286 (sodomy).

16(11) Section 288 or 288.5 (lewd act on a child).

17(12) Section 288a (oral copulation).

18(13) Section 289 (sexual penetration).

19(14) Section 4500 (assault by a life prisoner).

20(15) Section 4501 (assault by a prisoner).

21(16) Section 4503 (holding a hostage by a prisoner).

22(17) Any felony punishable by death or imprisonment in the
23state prison for life.

24(18) Any attempt to commit a crime listed in this subdivision
25other than an assault.

26(b) Notwithstanding any otherbegin delete provision ofend delete law,begin delete anyend deletebegin insert aend insert person
27who, in the commission of a felony specified in subdivision (a),
28personally uses abegin delete firearm,end deletebegin insert firearm or crossbowend insert shall be punished
29by an additional and consecutive term of imprisonment in the state
30prison for 10 years. The firearmbegin insert or crossbowend insert need not be operable
31or loaded for this enhancement to apply.

32(c) Notwithstanding any otherbegin delete provision ofend delete law, any person
33who, in the commission of a felony specified in subdivision (a),
34personally and intentionally discharges abegin delete firearm,end deletebegin insert firearm or
35crossbowend insert
shall be punished by an additional and consecutive term
36of imprisonment in the state prison for 20 years.

37(d) Notwithstanding any otherbegin delete provision ofend delete law, any person
38who, in the commission of a felony specified in subdivision (a),
39Section 246, or subdivision (c) or (d) of Section 26100, personally
40and intentionally discharges a firearmbegin insert or crossbowend insert and proximately
P3    1causes great bodily injury, as defined in Section 12022.7, or death,
2to any person other than an accomplice, shall be punished by an
3additional and consecutive term of imprisonment in the state prison
4for 25 years to life.

5(e) (1) The enhancements provided in this section shall apply
6to any person who is a principal in the commission of an offense
7if both of the following are pled and proved:

8(A) The person violated subdivision (b) of Section 186.22.

9(B) Any principal in the offense committed any act specified
10in subdivision (b), (c), or (d).

11(2) An enhancement for participation in a criminal street gang
12pursuant to Chapter 11 (commencing with Section 186.20) of Title
137 of Part 1 shall not be imposed on a person in addition to an
14enhancement imposed pursuant to this subdivision, unless the
15person personally used or personally discharged a firearmbegin insert or
16crossbowend insert
in the commission of the offense.

17(f) Only one additional term of imprisonment under this section
18shall be imposed per person for each crime. If more than one
19enhancement per person is found true under this section, the court
20shall impose upon that person the enhancement that provides the
21longest term of imprisonment. An enhancement involving a firearm
22specified in Section 12021.5, 12022, 12022.3, 12022.4, 12022.5,
23or 12022.55 shall not be imposed on a person in addition to an
24enhancement imposed pursuant to this section. An enhancement
25for great bodily injury as defined in Section 12022.7, 12022.8, or
2612022.9 shall not be imposed on a person in addition to an
27enhancement imposed pursuant to subdivision (d).

28(g) Notwithstanding any otherbegin delete provision ofend delete law, probation shall
29not be granted to, nor shall the execution or imposition of sentence
30be suspended for, any person found to come within the provisions
31of this section.

32(h) Notwithstanding Section 1385 or any otherbegin delete provision ofend delete law,
33the court shall not strike an allegation under this section or a finding
34bringing a person within the provisions of this section.

35(i) The total amount of credits awarded pursuant to Article 2.5
36(commencing with Section 2930) of Chapter 7 of Title 1 of Part
373 or pursuant to Section 4019 or any other provision of law shall
38not exceed 15 percent of the total term of imprisonment imposed
39on a defendant upon whom a sentence is imposed pursuant to this
40section.

P4    1(j) For the penalties in this section to apply, the existence of any
2fact required under subdivision (b), (c), or (d) shall be alleged in
3the accusatory pleading and either admitted by the defendant in
4open court or found to be true by the trier of fact.begin delete Whenend deletebegin insert Ifend insert an
5enhancement specified in this section has been admitted or found
6to be true, the court shall impose punishment for that enhancement
7pursuant to this section rather than imposing punishment authorized
8under any otherbegin delete provision ofend delete law, unless another enhancement
9provides for a greater penalty or a longer term of imprisonment.

10(k) begin deleteWhen end deletebegin insertIf end inserta person is found to have used or discharged a
11firearmbegin insert or crossbowend insert in the commission of an offense that includes
12an allegation pursuant to this section and the firearmbegin insert or crossbowend insert
13 is owned by that person, a coparticipant, or a coconspirator, the
14court shall order that the firearmbegin insert or crossbowend insert be deemed a nuisance
15and disposed of in the manner provided in Sections 18000 and
1618005.

17(l) The enhancements specified in this sectionbegin delete shallend deletebegin insert doend insert not apply
18to the lawful use or discharge of a firearmbegin insert or crossbowend insert by a public
19officer, as provided in Section 196, or by any person in lawful
20self-defense, lawful defense of another, or lawful defense of
21property, as provided in Sections 197, 198, and 198.5.

begin insert

22(m) For the purposes of this section, “crossbow” means any
23device that is designed to fire a bolt or arrow projectile by
24releasing a string or wire held at tension, including, but not limited
25to, crossbows, compound bows, and long bows.

end insert
26

SEC. 3.  

No reimbursement is required by this act pursuant to
27Section 6 of Article XIII B of the California Constitution because
28the only costs that may be incurred by a local agency or school
29district will be incurred because this act creates a new crime or
30infraction, eliminates a crime or infraction, or changes the penalty
31for a crime or infraction, within the meaning of Section 17556 of
32the Government Code, or changes the definition of a crime within
33the meaning of Section 6 of Article XIII B of the California
34Constitution.



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