Amended in Senate April 7, 2015

Senate BillNo. 164


Introduced by Senator Beall

(Principal coauthor: Senator Anderson)

(Coauthors: Senators Bates, Galgiani, Hall,begin insert Stone,end insert and Vidak)

(Coauthors: Assembly Membersbegin insert Baker, Bonilla,end insert Chávez,begin insert Cooley,end insert Dodd,begin delete andend deletebegin insert Gipson, Lackey, Maienschein,end insert Rodriguezbegin insert, and Waldronend insert)

February 4, 2015


An act to amend Section 667.61 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

SB 164, as amended, 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 thebegin delete 25-year to lifeend delete prison termbegin insert of 25 years to lifeend insert applies if the defendant has been convicted ofbegin delete a separate violation of aend deletebegin insert more than oneend insert specified offensebegin insert on charges brought and tried separately,end insert 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:

P2    1

SECTION 1.  

Section 667.61 of the Penal Code is amended to
2read:

3

667.61.  

(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),begin delete anyend deletebegin insert aend insert
10 person 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.

P3    1(d) The following circumstances shall apply to the offenses
2specified in subdivision (c):

3(1) The defendant has been convicted ofbegin delete a separate violation of
4anend delete
begin insert more than oneend insert offense specified in subdivision (c)begin insert on charges
5brought and tried separatelyend insert
, including an offense committed in
6another jurisdiction that includes all of the elements of an offense
7specified in subdivision (c). This paragraph shall apply irrespective
8of the order in which the offenses were committed or the
9convictions obtained.

10(2) The defendant kidnapped the victim of the present offense
11and the movement of the victim substantially increased the risk of
12harm to the victim over and above that level of risk necessarily
13inherent in the underlying offense in subdivision (c).

14(3) The defendant inflicted aggravated mayhem or torture on
15the victim or another person in the commission of the present
16offense in violation of Section 205 or 206.

17(4) The defendant committed the present offense during the
18commission of a burglary of the first degree, as defined in
19subdivision (a) of Section 460, with intent to commit an offense
20specified in subdivision (c).

21(5) The defendant committed the present offense in violation
22of Section 264.1, subdivision (d) of Section 286, or subdivision
23(d) of Section 288a, and, in the commission of that offense, any
24person committedbegin delete anyend deletebegin insert anend insert act described in paragraph (2), (3), or
25(4) of this subdivision.

26(6) The defendant personally inflicted great bodily injury on
27the victim or another person in the commission of the present
28offense in violation of Section 12022.53, 12022.7, or 12022.8.

29(7) The defendant personally inflicted bodily harm on the victim
30who was under 14 years of age.

31(e) The following circumstances shall apply to the offenses
32specified in subdivision (c):

33(1) Except as provided in paragraph (2) of subdivision (d), the
34defendant kidnapped the victim of the present offense in violation
35of Section 207, 209, or 209.5.

36(2) Except as provided in paragraph (4) of subdivision (d), the
37defendant committed the present offense during the commission
38of a burglary in violation of Section 459.

P4    1(3) The defendant personally used a dangerous or deadly weapon
2or a firearm in the commission of the present offense in violation
3of Section 12022, 12022.3, 12022.5, or 12022.53.

4(4) The defendant has been convicted in the present case or
5cases of committing an offense specified in subdivision (c) against
6 more than one victim.

7(5) The defendant engaged in the tying or binding of the victim
8or another person in the commission of the present offense.

9(6) The defendant administered a controlled substance to the
10victim in the commission of the present offense in violation of
11Section 12022.75.

12(7) The defendant committed the present offense in violation
13of Section 264.1, subdivision (d) of Section 286, or subdivision
14(d) of Section 288a, and, in the commission of that offense, any
15person committedbegin delete anyend deletebegin insert anend insert act described in paragraph (1), (2), (3),
16(5), or (6) of this subdivision or paragraph (6) of subdivision (d).

17(f) If only the minimum number of circumstances specified in
18subdivision (d) or (e) that are required for the punishment provided
19in subdivision (a), (b), (j), (l), or (m) to apply have been pled and
20proved, that circumstance or those circumstances shall be used as
21the basis for imposing the term provided in subdivision (a), (b),
22(j), (l), or (m) whichever is greater, rather than being used to impose
23the punishment authorized under any otherbegin delete provision ofend delete law, unless
24anotherbegin delete provision ofend delete law provides for a greater penalty or the
25punishment under anotherbegin delete provision ofend delete law can be imposed in
26addition to the punishment provided by this section. However, if
27begin delete anyend deletebegin insert anend insert additional circumstance or circumstances specified in
28subdivision (d) or (e) have been pled and proved, the minimum
29number of circumstances shall be used as the basis for imposing
30the term provided in subdivision (a), (j), or (l) and any other
31additional circumstance or circumstances shall be used to impose
32begin delete anyend deletebegin insert aend insert punishment or enhancement authorized under any other
33begin delete provision ofend delete law.

34(g) Notwithstanding Section 1385 or any otherbegin delete provision ofend delete law,
35the court shall not strikebegin delete anyend deletebegin insert anend insert allegation, admission, or finding
36of any of the circumstances specified in subdivision (d) or (e) for
37begin delete anyend deletebegin insert aend insert person who is subject to punishment under this section.

38(h) Notwithstanding any otherbegin delete provision ofend delete law, probation shall
39not be granted to, nor shall the execution or imposition of sentence
P5    1be suspended for,begin delete anyend deletebegin insert aend insert person who is subject to punishment under
2this section.

3(i) Forbegin delete anyend deletebegin insert anend insert offense specified in paragraphs (1) to (7),
4inclusive, of subdivision (c), or in paragraphs (1) to (6), inclusive,
5of subdivision (n), the court shall impose a consecutive sentence
6for each offense that results in a conviction under this section if
7the crimes involve separate victims or involve the same victim on
8separate occasions as defined in subdivision (d) of Section 667.6.

9(j) (1) begin deleteAny end deletebegin insertA end insertperson who is convicted of an offense specified
10in subdivision (c), with the exception of a violation of subdivision
11(a) of Section 288, upon a victim who is a child under 14 years of
12age under one or more of the circumstances specified in subdivision
13(d) or under two or more of the circumstances specified in
14subdivision (e), shall be punished by imprisonment in the state
15prison for life without the possibility of parole. Where the person
16was under 18 years of age at the time of the offense, the person
17shall be punished by imprisonment in the state prison for 25 years
18to life.

19(2) begin deleteAny end deletebegin insertA end insertperson who is convicted of an offense specified in
20subdivision (c) under one of the circumstances specified in
21subdivision (e), upon a victim who is a child under 14 years of
22age, shall be punished by imprisonment in the state prison for 25
23years to life.

24(k) As used in this section, “bodily harm” means any substantial
25physical injury resulting from the use of force that is more than
26the force necessary to commit an offense specified in subdivision
27(c).

28(l) begin deleteAny end deletebegin insertA end insertperson who is convicted of an offense specified in
29subdivision (n) under one or more of the circumstances specified
30in subdivision (d) or under two or more of the circumstances
31specified in subdivision (e), upon a victim who is a minor 14 years
32of age or older shall be punished by imprisonment in the state
33prison for life without the possibility of parole. If the person who
34was convicted was under 18 years of age at the time of the offense,
35he or she shall be punished by imprisonment in the state prison
36for 25 years to life.

37(m) begin deleteAny end deletebegin insertA end insertperson who is convicted of an offense specified in
38subdivision (n) under one of the circumstances specified in
39subdivision (e) against a minor 14 years of age or older shall be
40punished by imprisonment in the state prison for 25 years to life.

P6    1(n) Subdivisions (l) and (m) shall apply to any of the following
2offenses:

3(1) Rape, in violation of paragraph (2) of subdivision (a) of
4Section 261.

5(2) Spousal rape, in violation of paragraph (1) of subdivision
6(a) of Section 262.

7(3) Rape, spousal rape, or sexual penetration, in concert, in
8violation of Section 264.1.

9(4) Sexual penetration, in violation of paragraph (1) of
10subdivision (a) of Section 289.

11(5) Sodomy, in violation of paragraph (2) of subdivision (c) of
12Section 286, or in violation of subdivision (d) of Section 286.

13(6) Oral copulation, in violation of paragraph (2) of subdivision
14(c) of Section 288a, or in violation of subdivision (d) of Section
15288a.

16(o) The penalties provided in this section shall apply only if the
17existence of any circumstance specified in subdivision (d) or (e)
18is alleged in the accusatory pleading pursuant to this section, and
19is either admitted by the defendant in open court or found to be
20true by the trier of fact.



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