SB 164, as introduced, Beall. Serial sexual predators.
Existing law, as amended by Proposition 83, the Sexual Predator Punishment and Control Act (Jessica’s Law), approved by the voters at the November 7, 2006, statewide general election, provides that a defendant shall be punished by imprisonment in the state prison for 25 years to life if convicted of certain crimes, including rape, sexual penetration, sodomy, oral copulation, continuous sexual abuse of a child, or rape, spousal rape, or sexual penetration in concert, if certain circumstances were present, including, among other things, if the defendant has been previously convicted of a specified offense. Proposition 83 provides that the Legislature may amend the provisions of the act to expand the scope of their application or increase the punishment or penalties by a statute passed by a majority vote of each house.
This bill would specify that the 25-year to life prison term applies if the defendant has been convicted of a separate violation of a specified offense irrespective of the order in which the offenses were committed or the convictions obtained.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 667.61 of the Penal Code is amended to
2read:
(a) Except as provided in subdivision (j), (l), or (m),
4any person who is convicted of an offense specified in subdivision
5(c) under one or more of the circumstances specified in subdivision
6(d) or under two or more of the circumstances specified in
7subdivision (e) shall be punished by imprisonment in the state
8prison for 25 years to life.
9(b) Except as provided in subdivision (a), (j), (l), or (m), any
10person who is convicted of an offense specified in subdivision (c)
11under one of the circumstances specified in subdivision (e) shall
12be punished by imprisonment in the state prison for 15 years to
13life.
14(c) This section shall apply to any of the following offenses:
15(1) Rape, in violation of paragraph (2) or (6) of subdivision (a)
16of Section 261.
17(2) Spousal rape, in violation of paragraph (1) or (4) of
18subdivision (a) of Section 262.
19(3) Rape, spousal rape, or sexual penetration, in concert, in
20violation of Section 264.1.
21(4) Lewd or lascivious act, in violation of subdivision (b) of
22Section 288.
23(5) Sexual penetration, in violation of subdivision (a) of Section
24289.
25(6) Sodomy, in violation of paragraph (2) or (3) of subdivision
26(c), or subdivision (d), of Section 286.
27(7) Oral copulation, in violation of paragraph (2) or
(3) of
28subdivision (c), or subdivision (d), of Section 288a.
29(8) Lewd or lascivious act, in violation of subdivision (a) of
30Section 288.
31(9) Continuous sexual abuse of a child, in violation of Section
32288.5.
33(d) The following circumstances shall apply to the offenses
34specified in subdivision (c):
35(1) The defendant has beenbegin delete previouslyend delete convictedbegin insert of a separate
36violationend insert of an offense specified in subdivision (c), including an
37offense committed in another jurisdiction that includes all of the
38elements of an offense specified in subdivision (c).begin insert
This paragraph
P3 1shall apply irrespective of the order in which the offenses were
2committed or the convictionsend insertbegin insert obtainedend insertbegin insert.end insert
3(2) The defendant kidnapped the victim of the present offense
4and the movement of the victim substantially increased the risk of
5harm to the victim over and above that level of risk necessarily
6inherent in the underlying offense in subdivision (c).
7(3) The defendant inflicted aggravated mayhem or torture on
8the victim or another person in the commission of the present
9offense in violation of Section 205 or 206.
10(4) The defendant committed the present
offense during the
11commission of a burglary of the first degree, as defined in
12subdivision (a) of Section 460, with intent to commit an offense
13specified in subdivision (c).
14(5) The defendant committed the present offense in violation
15of Section 264.1, subdivision (d) of Section 286, or subdivision
16(d) of Section 288a, and, in the commission of that offense, any
17person committed any act described in paragraph (2), (3), or (4)
18of this subdivision.
19(6) The defendant personally inflicted great bodily injury on
20the victim or another person in the commission of the present
21offense in violation of Section 12022.53, 12022.7, or 12022.8.
22(7) The defendant personally inflicted bodily harm on the victim
23who was under 14 years of age.
24(e) The following
circumstances shall apply to the offenses
25specified in subdivision (c):
26(1) Except as provided in paragraph (2) of subdivision (d), the
27defendant kidnapped the victim of the present offense in violation
28of Section 207, 209, or 209.5.
29(2) Except as provided in paragraph (4) of subdivision (d), the
30defendant committed the present offense during the commission
31of a burglary in violation of Section 459.
32(3) The defendant personally used a dangerous or deadly weapon
33or a firearm in the commission of the present offense in violation
34of Section 12022, 12022.3, 12022.5, or 12022.53.
35(4) The defendant has been convicted in the present case or
36cases of committing an offense specified in subdivision (c) against
37more than one victim.
38(5) The defendant engaged in the tying or binding of the victim
39or another person in the commission of the present offense.
P4 1(6) The defendant administered a controlled substance to the
2victim in the commission of the present offense in violation of
3Section 12022.75.
4(7) The defendant committed the present offense in violation
5of Section 264.1, subdivision (d) of Section 286, or subdivision
6(d) of Section 288a, and, in the commission of that offense, any
7person committed any act described in paragraph (1), (2), (3), (5),
8or (6) of this subdivision or paragraph (6) of subdivision (d).
9(f) If only the minimum number of circumstances specified in
10subdivision (d) or (e) that are required for the punishment provided
11in subdivision (a), (b), (j), (l), or (m) to
apply have been pled and
12proved, that circumstance or those circumstances shall be used as
13the basis for imposing the term provided in subdivision (a), (b),
14(j), (l), or (m) whichever is greater, rather than being used to impose
15the punishment authorized under any other provision of law, unless
16another provision of law provides for a greater penalty or the
17punishment under another provision of law can be imposed in
18addition to the punishment provided by this section. However, if
19any additional circumstance or circumstances specified in
20subdivision (d) or (e) have been pled and proved, the minimum
21number of circumstances shall be used as the basis for imposing
22the term provided in subdivision (a), (j), or (l) and any other
23additional circumstance or circumstances shall be used to impose
24any punishment or enhancement authorized under any other
25provision of law.
26(g) Notwithstanding Section 1385 or any other provision of law,
27the court shall not
strike any allegation, admission, or finding of
28any of the circumstances specified in subdivision (d) or (e) for any
29person who is subject to punishment under this section.
30(h) Notwithstanding any other provision of law, probation shall
31not be granted to, nor shall the execution or imposition of sentence
32be suspended for, any person who is subject to punishment under
33this section.
34(i) For any offense specified in paragraphs (1) to (7), inclusive,
35of subdivision (c), or in paragraphs (1) to (6), inclusive, of
36subdivision (n), the court shall impose a consecutive sentence for
37each offense that results in a conviction under this section if the
38crimes involve separate victims or involve the same victim on
39separate occasions as defined in subdivision (d) of Section 667.6.
P5 1(j) (1) Any person who is
convicted of an offense specified in
2subdivision (c), with the exception of a violation of subdivision
3(a) of Section 288, upon a victim who is a child under 14 years of
4age under one or more of the circumstances specified in subdivision
5(d) or under two or more of the circumstances specified in
6subdivision (e), shall be punished by imprisonment in the state
7prison for life without the possibility of parole. Where the person
8was under 18 years of age at the time of the offense, the person
9shall be punished by imprisonment in the state prison for 25 years
10to life.
11(2) Any person who is convicted of an offense specified in
12subdivision (c) under one of the circumstances specified in
13subdivision (e), upon a victim who is a child under 14 years of
14age, shall be punished by imprisonment in the state prison for 25
15years to life.
16(k) As used in this section, “bodily harm” means any
substantial
17physical injury resulting from the use of force that is more than
18the force necessary to commit an offense specified in subdivision
19(c).
20(l) Any person who is convicted of an offense specified in
21subdivision (n) under one or more of the circumstances specified
22in subdivision (d) or under two or more of the circumstances
23specified in subdivision (e), upon a victim who is a minor 14 years
24of age or older shall be punished by imprisonment in the state
25prison for life without the possibility of parole. If the person who
26was convicted was under 18 years of age at the time of the offense,
27he or she shall be punished by imprisonment in the state prison
28for 25 years to life.
29(m) Any person who is convicted of an offense specified in
30subdivision (n) under one of the circumstances specified in
31subdivision (e) against a minor 14 years of age or older shall be
32punished by
imprisonment in the state prison for 25 years to life.
33(n) Subdivisions (l) and (m) shall apply to any of the following
34offenses:
35(1) Rape, in violation of paragraph (2) of subdivision (a) of
36Section 261.
37(2) Spousal rape, in violation of paragraph (1) of subdivision
38(a) of Section 262.
39(3) Rape, spousal rape, or sexual penetration, in concert, in
40violation of Section 264.1.
P6 1(4) Sexual penetration, in violation of paragraph (1) of
2subdivision (a) of Section 289.
3(5) Sodomy, in violation of paragraph (2) of subdivision (c) of
4Section 286, or in violation of subdivision (d) of Section 286.
5(6) Oral copulation, in violation of paragraph (2) of subdivision
6(c) of Section 288a, or in violation of subdivision (d) of Section
7288a.
8(o) The penalties provided in this section shall apply only if the
9existence of any circumstance specified in subdivision (d) or (e)
10is alleged in the accusatory pleading pursuant to this section, and
11is either admitted by the defendant in open court or found to be
12true by the trier of fact.
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