SB 717,
as amended, Stone. begin deleteBail. end deletebegin insertSentencing: great bodily injury: murder or manslaughter.end insert
Existing law provides that a person who inflicts great bodily injury on another person in the commission or attempted commission of a felony, including a person who is 70 years of age or older, or under specified circumstances, including domestic violence, shall be punished by additional and consecutive terms of imprisonment, as specified. Existing law makes these provisions inapplicable to murder or manslaughter.
end insertbegin insertThis bill would instead provide that those provisions are inapplicable to great bodily injury suffered by the victim of murder or manslaughter. The bill would specify that this provision does not preclude a person from being subject to an additional and consecutive term of imprisonment for great bodily injury, whether resulting in death or not, suffered by a victim other than the victim who is the subject of the murder or manslaughter charge. By expanding the applicability of an enhancement that must be pled and proved, this bill would impose a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law provides that the taking of bail consists of the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum.
end deleteThis bill would make technical, nonsubstantive changes to those provisions.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 12022.7 of the end insertbegin insertPenal Codeend insertbegin insert is amended
2to read:end insert
(a) Any person who personally inflicts great bodily
4injury on any person other than an accomplice in the commission
5of a felony or attempted felony shall be punished by an additional
6and consecutive term of imprisonment in the state prison for three
7years.
8(b) Any person who personally inflicts great bodily injury on
9any person other than an accomplice in the commission of a felony
10or attempted felony which causes the victim to become comatose
11due to brain injury or to suffer paralysis of a permanent nature
12shall be punished by an additional and consecutive term of
13imprisonment in the state prison for five years. As used in this
14subdivision, “paralysis” means a major or complete loss of motor
15function resulting from injury to the nervous system or to a
16
muscular mechanism.
17(c) Any person who personally inflicts great bodily injury on a
18person who is 70 years of age or older, other than an accomplice,
19in the commission of a felony or attempted felony shall be punished
20by an additional and consecutive term of imprisonment in the state
21prison for five years.
22(d) Any person who personally inflicts great bodily injury on a
23child under the age of five years in the commission of a felony or
24attempted felony shall be punished by an additional and
P3 1consecutive term of imprisonment in the state prison for four, five,
2or six years.
3(e) Any person who personally inflicts great bodily injury under
4circumstances involving domestic violence in the commission of
5a felony or attempted felony shall be punished by an additional
6and consecutive term of imprisonment in the state prison
for three,
7four, or five years. As used in this subdivision, “domestic violence”
8has the meaning provided in subdivision (b) of Section 13700.
9(f) As used in this section, “great bodily injury” means a
10significant or substantial physical injury.
11(g) begin insert(1)end insertbegin insert end insertThis section shall not apply tobegin delete murder or manslaughter a violation of Section 451 or 452. Subdivisions (a), (b), (c), and
12orend delete
13(d) shall not apply if infliction of great bodily injury is an element
14of the offense.
15(2) This section does not apply to great bodily injury suffered
16
by the victim of murder or manslaughter. This paragraph does not
17preclude a person from being subject to an additional and
18consecutive term of imprisonment for great bodily injury, whether
19resulting in death or not, suffered by a victim other than the victim
20who is the subject of the murder or manslaughter charge.
21(h) The court shall impose the additional terms of imprisonment
22under either subdivision (a), (b), (c), or (d), but may not impose
23more than one of those terms for the same offense.
No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California
32Constitution.
Section 1269 of the Penal Code is amended to
34read:
(a) The taking of bail consists of the acceptance, by a
36competent court or magistrate, of the undertaking of sufficient bail
37for the appearance of the defendant, according to the terms of the
38undertaking, or that the bail will pay to the people of this state a
39specified sum. Upon filing, the clerk shall enter in the register of
40actions the date and amounts of
the bond and the name or names
P4 1of the surety or sureties of the bond. In the event of the loss or
2destruction of the bond, the entries made shall be prima facie
3evidence of the due execution of
the bond as required by law.
4(b) If bail bond has been deposited in a criminal action or
5proceeding in a superior court or in
a proceeding in habeas corpus
6in a superior court, and it appears to the satisfaction of the court
7from affidavits or testimony in open court that more than three
8years have elapsed since the exoneration or release of bail, the
9court shall direct that
the bond be destroyed.
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