Amended in Senate March 28, 2016

Senate Bill No. 1269

Introduced by Senator Galgiani

February 18, 2016

begin delete An act to amend Section 600 of the Harbors and Navigation Code, relating to vessels. end delete begin insert An act to amend Sections 667.1, 667.5, and 1170.125 of the Penal Code, relating to violent felonies. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1269, as amended, Galgiani. begin delete Watercraft. end delete begin insert Violent felonies. end insert

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Existing law, as amended by Proposition 21 as approved by the voters at the March 7, 2000, statewide primary election and by Proposition 83 of the November 7, 2006, statewide general election, classifies certain felonies as violent felonies for purposes of various provisions of the Penal Code. Existing law imposes an additional one-year term for a felony and a 3-year term for a violent felony for each prior separate prison term served for a violent felony. Existing law, as added by Proposition 184, adopted November 8, 1994, and amended by Proposition 36, adopted November 6, 2012, commonly known as the Three Strikes Law, also imposes additional years of imprisonment in state prison on a person who commits a violent felony and has been convicted of, or who has a prior conviction for, a violent felony. The Legislature may amend the above-specified initiative statutes by a statute passed in each house by a 2⁄3 vote.

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This bill would additionally define human trafficking as a violent felony subject to the enhanced term of imprisonment.

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Because this bill would increase penalties for a violation of human trafficking crimes, it would impose a state-mandated local program.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing law regulates the operation of watercraft, as defined, in the waterways of the state. Existing law defines a “watercraft” for purposes of those provisions to mean any boat, ship, barge, craft, or floating thing designed for navigation in the water.

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This bill would make nonsubstantive changes in that definition of watercraft.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

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begin insert Section 667.1 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

667.1.  

Notwithstanding subdivision (h) of Section 667, for all
offenses committed on or after begin delete November 7, 2012, end delete begin insert January 1,
2017, end insert all references to existing statutes in subdivisions (c) to (g),
inclusive, of Section 667, are to those statutes as they existed on

begin delete November 7, 2012. end delete begin insert January 1, 2017. end insert

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begin insert SEC. 2. end insert   

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begin insert Section 667.5 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

667.5.  

Enhancement of prison terms for new offenses because
of prior prison terms shall be imposed as follows:

(a)  begin delete Where end delete begin insert If end insert one of the new offenses is one of the violent
felonies specified in subdivision (c), in addition to and consecutive
to any other prison terms therefor, the court shall impose a
three-year term for each prior separate prison term served by the
defendant begin delete where end delete begin insert if end insert the prior offense was one of the violent felonies
specified in subdivision (c). However, no additional term shall be
imposed under this subdivision for any prison term served prior
to a period of 10 years in which the defendant remained free of
both prison custody and the commission of an offense which results
in a felony conviction.

(b) Except begin delete where end delete begin insert if end insert subdivision (a) applies, begin delete where end delete begin insert if end insert the new
offense is any felony for which a prison sentence or a sentence of
imprisonment in a county jail under subdivision (h) of Section
1170 is imposed or is not suspended, in addition and consecutive
to any other sentence therefor, the court shall impose a one-year
term for each prior separate prison term or county jail term imposed
under subdivision (h) of Section 1170 or begin delete when end delete begin insert if the end insert sentence is
not suspended for any begin delete felony; provided that no end delete begin insert felony. An end insert additional
term shall begin insert not end insert be imposed under this subdivision for any prison
term or county jail term imposed under subdivision (h) of Section
1170 or begin delete when end delete begin insert if the end insert sentence is not suspended prior to a period of
five years in which the defendant remained free of both the
commission of an offense which results in a felony conviction,
and prison custody or the imposition of a term of jail custody
imposed under subdivision (h) of Section 1170 or any felony
sentence that is not suspended. A term imposed under the
provisions of paragraph (5) of subdivision (h) of Section 1170,
wherein a portion of the term is suspended by the court to allow
mandatory supervision, shall qualify as a prior county jail term for
the purposes of the one-year enhancement.

(c) For the purpose of this section, “violent felony” shall mean
any of the following:

(1) Murder or voluntary manslaughter.

(2) Mayhem.

(3) Rape as defined in paragraph (2) or (6) of subdivision (a)
of Section 261 or paragraph (1) or (4) of subdivision (a) of Section
262.

(4) Sodomy as defined in subdivision (c) or (d) of Section 286.

(5) Oral copulation as defined in subdivision (c) or (d) of Section
288a.

(6) Lewd or lascivious act as defined in subdivision (a) or (b)
of Section 288.

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

(8) Any felony in which the defendant inflicts great bodily injury
on any person other than an accomplice which has been charged
and proved as provided for in Section 12022.7, 12022.8, or 12022.9
on or after July 1, 1977, or as specified prior to July 1, 1977, in
Sections 213, 264, and 461, or any felony in which the defendant
uses a firearm which use has been charged and proved as provided
in subdivision (a) of Section 12022.3, or Section 12022.5 or
12022.55.

(9) Any robbery.

(10) Arson, in violation of subdivision (a) or (b) of Section 451.

(11) Sexual penetration as defined in subdivision (a) or (j) of
Section 289.

(12) Attempted murder.

(13) A violation of Section 18745, 18750, or 18755.

(14) Kidnapping.

(15) Assault with the intent to commit a specified felony, in
violation of Section 220.

(16) Continuous sexual abuse of a child, in violation of Section
288.5.

(17) Carjacking, as defined in subdivision (a) of Section 215.

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

(19) Extortion, as defined in Section 518, which would constitute
a felony violation of Section 186.22.

(20) Threats to victims or witnesses, as defined in Section 136.1,
which would constitute a felony violation of Section 186.22.

(21) Any burglary of the first degree, as defined in subdivision
(a) of Section 460, wherein it is charged and proved that another
person, other than an accomplice, was present in the residence
during the commission of the burglary.

(22) Any violation of Section 12022.53.

(23) A violation of subdivision (b) or (c) of Section 11418. The
Legislature finds and declares that these specified crimes merit
special consideration when imposing a sentence to display society’s
condemnation for these extraordinary crimes of violence against
the person.

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(24) Human trafficking, in violation of Section 236.1.

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(d) For the purposes of this section, the defendant shall be
deemed to remain in prison custody for an offense until the official
discharge from custody, including any period of mandatory
supervision, or until release on parole or postrelease community
supervision, whichever first occurs, including any time during
which the defendant remains subject to reimprisonment or custody
in county jail for escape from custody or is reimprisoned on
revocation of parole or postrelease community supervision. The
additional penalties provided for prior prison terms shall not be
imposed unless they are charged and admitted or found true in the
action for the new offense.

(e) The additional penalties provided for prior prison terms shall
not be imposed for any felony for which the defendant did not
serve a prior separate term in state prison or in county jail under
subdivision (h) of Section 1170.

(f) A prior conviction of a felony shall include a conviction in
another jurisdiction for an offense which, if committed in
California, is punishable by imprisonment in the state prison or in
county jail under subdivision (h) of Section 1170 if the defendant
served one year or more in prison for the offense in the other
jurisdiction. A prior conviction of a particular felony shall include
a conviction in another jurisdiction for an offense which includes
all of the elements of the particular felony as defined under
California law if the defendant served one year or more in prison
for the offense in the other jurisdiction.

(g) A prior separate prison term for the purposes of this section
shall mean a continuous completed period of prison incarceration
imposed for the particular offense alone or in combination with
concurrent or consecutive sentences for other crimes, including
any reimprisonment on revocation of parole which is not
accompanied by a new commitment to prison, and including any
reimprisonment after an escape from incarceration.

(h) Serving a prison term includes any confinement time in any
state prison or federal penal institution as punishment for
commission of an offense, including confinement in a hospital or
other institution or facility credited as service of prison time in the
jurisdiction of the confinement.

(i) For the purposes of this section, a commitment to the State
Department of Mental Health, or its successor the State Department
of State Hospitals, as a mentally disordered sex offender following
a conviction of a felony, which commitment exceeds one year in
duration, shall be deemed a prior prison term.

(j) For the purposes of this section, when a person subject to
the custody, control, and discipline of the Secretary of the
Department of Corrections and Rehabilitation is incarcerated at a
facility operated by the Division of Juvenile Justice, that
incarceration shall be deemed to be a term served in state prison.

(k) (1) Notwithstanding subdivisions (d) and (g) or any other
provision of law, where one of the new offenses is committed
while the defendant is temporarily removed from prison pursuant
to Section 2690 or while the defendant is transferred to a
community facility pursuant to Section 3416, 6253, or 6263, or
while the defendant is on furlough pursuant to Section 6254, the
defendant shall be subject to the full enhancements provided for
in this section.

(2) This subdivision begin delete shall end delete begin insert does end insert not apply begin delete when end delete begin insert if end insert a full, separate,
and consecutive term is imposed pursuant to any other provision
of law.

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begin insert SEC. 3. end insert   

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begin insert Section 1170.125 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

1170.125.  

Notwithstanding Section 2 of Proposition 184, as
adopted at the November 8, 1994, General Election, for all offenses
committed on or after begin delete November 7, 2012, end delete begin insert January 1, 2017, end insert all
references to existing statutes in Sections 1170.12 and 1170.126
are to those sections as they existed on begin delete November 7, 2012. end delete begin insert January
1, 2017. end insert

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begin insert SEC. 4. end insert   

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

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SECTION 1.  

Section 600 of the Harbors and Navigation Code
is amended to read:

600.  

As used in this chapter:

(a) “Watercraft” means any boat, ship, barge, craft or floating
thing designed for navigation in the water.

(b) “Nonresident” means a person who is not a resident of this
state at the time the accident or collision occurs or at the time a
cause of action or claim for relief arises against him, and also
means a person who, at the time the accident or collision occurs
or at the time a cause of action or claim for relief arises against
him is a resident of this state but subsequently becomes a
nonresident of this state.

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