BILL NUMBER: SB 1900 CHAPTERED
BILL TEXT
CHAPTER 926
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 1998
APPROVED BY GOVERNOR SEPTEMBER 28, 1998
PASSED THE SENATE AUGUST 28, 1998
PASSED THE ASSEMBLY AUGUST 26, 1998
AMENDED IN ASSEMBLY AUGUST 24, 1998
AMENDED IN SENATE MAY 26, 1998
AMENDED IN SENATE APRIL 14, 1998
INTRODUCED BY Senator Schiff
(Coauthor: Senator Haynes)
FEBRUARY 19, 1998
An act to amend Sections 1170, 1170.1, 1170.13, 1170.15, and
1170.95 of the Penal Code, relating to sentencing.
LEGISLATIVE COUNSEL'S DIGEST
SB 1900, Schiff. Sentencing.
(1) Existing law limits the total of subordinate terms for
offenses that are not violent felonies, including the offenses
described in (2) below, to 5 years, except as otherwise provided by
law.
This bill would delete that limitation and make additional
conforming changes.
(2) Under existing law, if a person is convicted of a felony, and
is also convicted of intimidation of a witness or victim, influencing
testimony or information given to a law enforcement official, or a
felony violation of soliciting the commission of certain offenses,
that was committed with respect to the first felony, the subordinate
term for each of these consecutive offenses shall consist of the full
middle term of imprisonment for the felony for which a consecutive
term of imprisonment is imposed, and shall include the full term
prescribed for any enhancements imposed pursuant to specified
provisions for being armed with or using a deadly or dangerous
weapon, or for inflicting great bodily injury.
This bill would include, for purposes of this provision, the full
term prescribed for any enhancements imposed pursuant to any
provision for being armed with or using a deadly or dangerous weapon,
or for inflicting great bodily injury.
(3) This bill would incorporate additional changes in Section 1170
of the Penal Code proposed by SB 295, to be operative if SB 295 and
this bill are both enacted and become effective on or before January
1, 1999, and this bill is enacted last.
(4) This bill would incorporate additional changes in Section
1170.1 of the Penal Code proposed by AB 1290, to be operative if AB
1290 and this bill are both enacted and become effective on or before
January 1, 1999, and this bill is enacted last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1170 of the Penal Code is amended to read:
1170. (a) (1) The Legislature finds and declares that the purpose
of imprisonment for crime is punishment. This purpose is best
served by terms proportionate to the seriousness of the offense with
provision for uniformity in the sentences of offenders committing the
same offense under similar circumstances. The Legislature further
finds and declares that the elimination of disparity and the
provision of uniformity of sentences can best be achieved by
determinate sentences fixed by statute in proportion to the
seriousness of the offense as determined by the Legislature to be
imposed by the court with specified discretion.
(2) Paragraph (1) shall not be construed to preclude programs,
including educational programs, that are designed to rehabilitate
nonviolent, first-time felony offenders. The Legislature encourages
the development of policies and programs designed to educate and
rehabilitate nonviolent, first-time felony offenders consistent with
the purpose of imprisonment.
(3) In any case in which the punishment prescribed by statute for
a person convicted of a public offense is a term of imprisonment in
the state prison of any specification of three time periods, the
court shall sentence the defendant to one of the terms of
imprisonment specified unless the convicted person is given any other
disposition provided by law, including a fine, jail, probation, or
the suspension of imposition or execution of sentence or is sentenced
pursuant to subdivision (b) of Section 1168 because he or she had
committed his or her crime prior to July 1, 1977. In sentencing the
convicted person, the court shall apply the sentencing rules of the
Judicial Council. The court, unless it determines that there are
circumstances in mitigation of the punishment prescribed, shall also
impose any other term that it is required by law to impose as an
additional term. Nothing in this article shall affect any provision
of law that imposes the death penalty, that authorizes or restricts
the granting of probation or suspending the execution or imposition
of sentence, or expressly provides for imprisonment in the state
prison for life. In any case in which the amount of preimprisonment
credit under Section 2900.5 or any other provision of law is equal to
or exceeds any sentence imposed pursuant to this chapter, the entire
sentence, including any period of parole under Section 3000, shall
be deemed to have been served and the defendant shall not be actually
delivered to the custody of the Director of Corrections. However,
that sentence shall be deemed a separate prior prison term under
Section 667.5, and a copy of the judgment and other necessary
documentation shall be forwarded to the Director of Corrections.
(b) When a judgment of imprisonment is to be imposed and the
statute specifies three possible terms, the court shall order
imposition of the middle term, unless there are circumstances in
aggravation or mitigation of the crime. At least four days prior to
the time set for imposition of judgment, either party or the victim,
or the family of the victim if the victim is deceased, may submit a
statement in aggravation or mitigation to dispute facts in the record
or the probation officer's report, or to present additional facts.
In determining whether there are circumstances that justify
imposition of the upper or lower term, the court may consider the
record in the case, the probation officer's report, other reports
including reports received pursuant to Section 1203.03 and statements
in aggravation or mitigation submitted by the prosecution, the
defendant, or the victim, or the family of the victim if the victim
is deceased, and any further evidence introduced at the sentencing
hearing. The court shall set forth on the record the facts and
reasons for imposing the upper or lower term. The court may not
impose an upper term by using the fact of any enhancement upon which
sentence is imposed under any provision of law. A term of
imprisonment shall not be specified if imposition of sentence is
suspended.
(c) The court shall state the reasons for its sentence choice on
the record at the time of sentencing. The court shall also inform
the defendant that as part of the sentence after expiration of the
term he or she may be on parole for a period as provided in Section
3000.
(d) When a defendant subject to this section or subdivision (b) of
Section 1168 has been sentenced to be imprisoned in the state prison
and has been committed to the custody of the Director of
Corrections, the court may, within 120 days of the date of commitment
on its own motion, or at any time upon the recommendation of the
Director of Corrections or the Board of Prison Terms, recall the
sentence and commitment previously ordered and resentence the
defendant in the same manner as if he or she had not previously been
sentenced, provided the new sentence, if any, is no greater than the
initial sentence. The resentence under this subdivision shall apply
the sentencing rules of the Judicial Council so as to eliminate
disparity of sentences and to promote uniformity of sentencing.
Credit shall be given for time served.
(e) (1) Notwithstanding any other law and consistent with
paragraph (1) of subdivision (a) of Section 1170, if the Director of
Corrections or the Board of Prison Terms or both determine that a
prisoner satisfies the criteria set forth in paragraph (2), the
director or the board may recommend to the court that the prisoner's
sentence be recalled.
(2) The court shall have the discretion to resentence or recall if
the court finds both of the following:
(A) The prisoner is terminally ill with an incurable condition
caused by an illness or disease that would produce death within six
months, as determined by a physician employed by the department.
(B) The conditions under which the prisoner would be released or
receive treatment do not pose a threat to public safety.
The Board of Prison Terms shall make findings pursuant to this
subdivision before making a recommendation for resentence or recall
to the court. This subdivision does not apply to a prisoner
sentenced to death or a term of life without the possibility of
parole.
(3) Within 10 days of receipt of a positive recommendation by the
director or the board, the court shall hold a hearing to consider
whether the prisoner's sentence should be recalled.
(4) The prisoner or his or her family member or designee may
request consideration for recall and resentencing by contacting the
chief medical officer at the prison or the Director of Corrections.
Upon receipt of the request, if the director determines that the
prisoner satisfies the criteria set forth in paragraph (2), the
director or board may recommend to the court that the prisoner's
sentence be recalled. The director shall submit a recommendation for
release within 30 days in the case of inmates sentenced to
determinate terms and, in the case of inmates sentenced to
indeterminate terms, the director may make a recommendation to the
Board of Prison Terms with respect to the inmates who have applied
under this section. The board shall consider this information and
make an independent judgment pursuant to paragraph (2) and make
findings related thereto before rejecting the request or making a
recommendation to the court. This action shall be taken at the next
lawfully noticed board meeting.
(5) Any recommendation for recall submitted to the court by the
Director of Corrections or the Board of Prison Terms shall include
one or more medical evaluations, a postrelease plan, and findings
pursuant to paragraph (2).
(6) If possible, the matter shall be heard before the same judge
of the court who sentenced the prisoner.
(f) Any sentence imposed under this article shall be subject to
the provisions of Sections 3000 and 3057 and any other applicable
provisions of law.
(g) A sentence to state prison for a determinate term for which
only one term is specified, is a sentence to state prison under this
section.
SEC. 1.5. Section 1170 of the Penal Code is amended to read:
1170. (a) (1) The Legislature finds and declares that the purpose
of imprisonment for crime is punishment. This purpose is best
served by terms proportionate to the seriousness of the offense with
provision for uniformity in the sentences of offenders committing the
same offense under similar circumstances. The Legislature further
finds and declares that the elimination of disparity and the
provision of uniformity of sentences can best be achieved by
determinate sentences fixed by statute in proportion to the
seriousness of the offense as determined by the Legislature to be
imposed by the court with specified discretion.
(2) Paragraph (1) shall not be construed to preclude programs,
including educational programs, that are designed to rehabilitate
nonviolent, first-time felony offenders. The Legislature encourages
the development of policies and programs designed to educate and
rehabilitate nonviolent, first-time felony offenders consistent with
the purpose of imprisonment.
(3) In any case in which the punishment prescribed by statute for
a person convicted of a public offense is a term of imprisonment in
the state prison of any specification of three time periods, the
court shall sentence the defendant to one of the terms of
imprisonment specified unless the convicted person is given any other
disposition provided by law, including a fine, jail, probation, or
the suspension of imposition or execution of sentence or is sentenced
pursuant to subdivision (b) of Section 1168 because he or she had
committed his or her crime prior to July 1, 1977. In sentencing the
convicted person, the court shall apply the sentencing rules of the
Judicial Council. The court, unless it determines that there are
circumstances in mitigation of the punishment prescribed, shall also
impose any other term that it is required by law to impose as an
additional term. Nothing in this article shall affect any provision
of law that imposes the death penalty, that authorizes or restricts
the granting of probation or suspending the execution or imposition
of sentence, or expressly provides for imprisonment in the state
prison for life. In any case in which the amount of preimprisonment
credit under Section 2900.5 or any other provision of law is equal to
or exceeds any sentence imposed pursuant to this chapter, the entire
sentence shall be deemed to have been served and the defendant shall
not be actually delivered to the custody of the Director of
Corrections. The court shall advise the defendant that he or she
shall serve a period of parole and order the defendant to report to
the parole office closest to the defendant's last legal residence,
unless the in-custody credits equal the total sentence, including
both confinement time and the period of parole. The sentence shall
be deemed a separate prior prison term under Section 667.5, and a
copy of the judgment and other necessary documentation shall be
forwarded to the Director of Corrections.
(b) When a judgment of imprisonment is to be imposed and the
statute specifies three possible terms, the court shall order
imposition of the middle term, unless there are circumstances in
aggravation or mitigation of the crime. At least four days prior to
the time set for imposition of judgment, either party or the victim,
or the family of the victim if the victim is deceased, may submit a
statement in aggravation or mitigation to dispute facts in the record
or the probation officer's report, or to present additional facts.
In determining whether there are circumstances that justify
imposition of the upper or lower term, the court may consider the
record in the case, the probation officer's report, other reports
including reports received pursuant to Section 1203.03 and statements
in aggravation or mitigation submitted by the prosecution, the
defendant, or the victim, or the family of the victim if the victim
is deceased, and any further evidence introduced at the sentencing
hearing. The court shall set forth on the record the facts and
reasons for imposing the upper or lower term. The court may not
impose an upper term by using the fact of any enhancement upon which
sentence is imposed under any provision of law. A term of
imprisonment shall not be specified if imposition of sentence is
suspended.
(c) The court shall state the reasons for its sentence choice on
the record at the time of sentencing. The court shall also inform
the defendant that as part of the sentence after expiration of the
term he or she may be on parole for a period as provided in Section
3000.
(d) When a defendant subject to this section or subdivision (b) of
Section 1168 has been sentenced to be imprisoned in the state prison
and has been committed to the custody of the Director of
Corrections, the court may, within 120 days of the date of commitment
on its own motion, or at any time upon the recommendation of the
Director of Corrections or the Board of Prison Terms, recall the
sentence and commitment previously ordered and resentence the
defendant in the same manner as if he or she had not previously been
sentenced, provided the new sentence, if any, is no greater than the
initial sentence. The resentence under this subdivision shall apply
the sentencing rules of the Judicial Council so as to eliminate
disparity of sentences and to promote uniformity of sentencing.
Credit shall be given for time served.
(e) (1) Notwithstanding any other law and consistent with
paragraph (1) of subdivision (a) of Section 1170, if the Director of
Corrections or the Board of Prison Terms or both determine that a
prisoner satisfies the criteria set forth in paragraph (2), the
director or the board may recommend to the court that the prisoner's
sentence be recalled.
(2) The court shall have the discretion to resentence or recall if
the court finds both of the following:
(A) The prisoner is terminally ill with an incurable condition
caused by an illness or disease that would produce death within six
months, as determined by a physician employed by the department.
(B) The conditions under which the prisoner would be released or
receive treatment do not pose a threat to public safety.
The Board of Prison Terms shall make findings pursuant to this
subdivision before making a recommendation for resentence or recall
to the court. This subdivision does not apply to a prisoner
sentenced to death or a term of life without the possibility of
parole.
(3) Within 10 days of receipt of a positive recommendation by the
director or the board, the court shall hold a hearing to consider
whether the prisoner's sentence should be recalled.
(4) The prisoner or his or her family member or designee may
request consideration for recall and resentencing by contacting the
chief medical officer at the prison or the Director of Corrections.
Upon receipt of the request, if the director determines that the
prisoner satisfies the criteria set forth in paragraph (2), the
director or board may recommend to the court that the prisoner's
sentence be recalled. The director shall submit a recommendation for
release within 30 days in the case of inmates sentenced to
determinate terms and, in the case of inmates sentenced to
indeterminate terms, the director may make a recommendation to the
Board of Prison Terms with respect to the inmates who have applied
under this section. The board shall consider this information and
make an independent judgment pursuant to paragraph (2) and make
findings related thereto before rejecting the request or making a
recommendation to the court. This action shall be taken at the next
lawfully noticed board meeting.
(5) Any recommendation for recall submitted to the court by the
Director of Corrections or the Board of Prison Terms shall include
one or more medical evaluations, a postrelease plan, and findings
pursuant to paragraph (2).
(6) If possible, the matter shall be heard before the same judge
of the court who sentenced the prisoner.
(f) Any sentence imposed under this article shall be subject to
the provisions of Sections 3000 and 3057 and any other applicable
provisions of law.
(g) A sentence to state prison for a determinate term for which
only one term is specified, is a sentence to state prison under this
section.
SEC. 2. Section 1170.1 of the Penal Code is amended to read:
1170.1. (a) Except as provided in subdivisions (b) and (c), and
subject to Section 654, when any person is convicted of two or more
felonies, whether in the same proceeding or court or in different
proceedings or courts, and whether by judgment rendered by the same
or by a different court, and a consecutive term of imprisonment is
imposed under Sections 669 and 1170, the aggregate term of
imprisonment for all these convictions shall be the sum of the
principal term, the subordinate term, and any additional term imposed
for applicable enhancements for prior convictions, prior prison
terms, and Section 12022.1. The principal term shall consist of the
greatest term of imprisonment imposed by the court for any of the
crimes, including any term imposed for applicable specific
enhancements. The subordinate term for each consecutive offense
which is not a "violent felony," as defined in subdivision (c) of
Section 667.5, shall consist of one-third of the middle term of
imprisonment prescribed for each other felony conviction for an
offense that is not a violent felony for which a consecutive term of
imprisonment is imposed, and shall exclude any specific enhancements.
The subordinate term for each consecutive offense which is a
"violent felony," as defined in any paragraph of subdivision (c) of
Section 667.5, shall consist of one-third of the middle term of
imprisonment prescribed for each other felony conviction for an
offense that is a violent felony for which a consecutive term of
imprisonment is imposed, and shall include one-third of the term
imposed for any specific enhancements applicable to those subordinate
offenses.
(b) When a consecutive term of imprisonment is imposed under
Sections 669 and 1170 for two or more convictions for kidnapping, as
defined in Section 207 or 208, involving separate victims, the
aggregate term shall be calculated as provided in subdivision (a),
except that the subordinate term for each subordinate kidnapping
conviction shall consist of the full middle term for each kidnapping
conviction for which a consecutive term of imprisonment is imposed
and shall include the full term imposed for specific enhancements
applicable to those subordinate offenses.
(c) In the case of any person convicted of one or more felonies
committed while the person is confined in a state prison or is
subject to reimprisonment for escape from custody and the law either
requires the terms to be served consecutively or the court imposes
consecutive terms, the term of imprisonment for all the convictions
that the person is required to serve consecutively shall commence
from the time the person would otherwise have been released from
prison. If the new offenses are consecutive with each other, the
principal and subordinate terms shall be calculated as provided in
subdivision (a). This subdivision shall be applicable in cases of
convictions of more than one offense in different proceedings, and
convictions of more than one offense in the same or different
proceedings.
(d) When the court imposes a prison sentence for a felony pursuant
to Section 1170, the court shall also impose the additional terms
provided for any applicable enhancements. The court shall also
impose any other additional term that the court determines in its
discretion or as required by law shall run consecutive to the term
imposed under Section 1170. In considering the imposition of the
additional term, the court shall apply the sentencing rules of the
Judicial Council.
(e) All enhancements shall be alleged in the accusatory pleading
and either admitted by the defendant in open court or found to be
true by the trier of fact.
(f) When two or more enhancements may be imposed for being armed
with or using a dangerous or deadly weapon or a firearm in the
commission of a single offense, only the greatest of those
enhancements shall be imposed for that offense. This subdivision
shall not limit the imposition of any other enhancements applicable
to that offense, including an enhancement for the infliction of great
bodily injury.
(g) When two or more enhancements may be imposed for the
infliction of great bodily injury in the commission of a single
offense, only the greatest of those enhancements shall be imposed for
that offense. This subdivision shall not limit the imposition of
any other enhancements applicable to that offense, including an
enhancement for being armed with or using a dangerous or deadly
weapon or a firearm.
(h) For any violation of paragraph (2), (3), or (6) of subdivision
(a) of Section 261, paragraph (1) or (4) of subdivision (a) of
Section 262, Section 264.1, subdivision (b) of Section 288,
subdivision (a) of Section 289, or sodomy or oral copulation by
force, violence, duress, menace, or fear of immediate and unlawful
bodily injury on the victim or another person as provided in Section
286 or 288a, the number of enhancements that may be imposed shall not
be limited, regardless of whether the enhancements are pursuant to
this section, Section 667.6, or some other section of law. Each of
the enhancements shall be a full and separately served enhancement
and shall not be merged with any term or with any other enhancement.
SEC. 2.5. Section 1170.1 of the Penal Code is amended to read:
1170.1. (a) Except as provided in subdivisions (b) and (c), and
subject to Section 654, when any person is convicted of two or more
felonies, whether in the same proceeding or court or in different
proceedings or courts, and whether by judgment rendered by the same
or by a different court, and a consecutive term of imprisonment is
imposed under Sections 669 and 1170, the aggregate term of
imprisonment for all these convictions shall be the sum of the
principal term, the subordinate term, and any additional term imposed
for applicable enhancements for prior convictions, prior prison
terms, and Section 12022.1. The principal term shall consist of the
greatest term of imprisonment imposed by the court for any of the
crimes, including any term imposed for applicable specific
enhancements. The subordinate term for each consecutive offense
which is not a "violent felony," as defined in subdivision (c) of
Section 667.5, shall consist of one-third of the middle term of
imprisonment prescribed for each other felony conviction for an
offense that is not a violent felony for which a consecutive term of
imprisonment is imposed, and shall exclude any specific enhancements.
The subordinate term for each consecutive offense which is a
"violent felony," as defined in any paragraph of subdivision (c) of
Section 667.5, shall consist of one-third of the middle term of
imprisonment prescribed for each other felony conviction for an
offense that is a violent felony for which a consecutive term of
imprisonment is imposed, and shall include one-third of the term
imposed for any specific enhancements applicable to those subordinate
offenses.
(b) When a consecutive term of imprisonment is imposed under
Sections 669 and 1170 for two or more convictions for kidnapping, as
defined in Section 207, involving separate victims, the aggregate
term shall be calculated as provided in subdivision (a), except that
the subordinate term for each subordinate kidnapping conviction shall
consist of the full middle term for each kidnapping conviction for
which a consecutive term of imprisonment is imposed and shall include
the full term imposed for specific enhancements applicable to those
subordinate offenses.
(c) In the case of any person convicted of one or more felonies
committed while the person is confined in a state prison or is
subject to reimprisonment for escape from custody and the law either
requires the terms to be served consecutively or the court imposes
consecutive terms, the term of imprisonment for all the convictions
that the person is required to serve consecutively shall commence
from the time the person would otherwise have been released from
prison. If the new offenses are consecutive with each other, the
principal and subordinate terms shall be calculated as provided in
subdivision (a). This subdivision shall be applicable in cases of
convictions of more than one offense in different proceedings, and
convictions of more than one offense in the same or different
proceedings.
(d) When the court imposes a prison sentence for a felony pursuant
to Section 1170, the court shall also impose the additional terms
provided for any applicable enhancements. The court shall also
impose any other additional term that the court determines in its
discretion or as required by law shall run consecutive to the term
imposed under Section 1170. In considering the imposition of the
additional term, the court shall apply the sentencing rules of the
Judicial Council.
(e) All enhancements shall be alleged in the accusatory pleading
and either admitted by the defendant in open court or found to be
true by the trier of fact.
(f) When two or more enhancements may be imposed for being armed
with or using a dangerous or deadly weapon or a firearm in the
commission of a single offense, only the greatest of those
enhancements shall be imposed for that offense. This subdivision
shall not limit the imposition of any other enhancements applicable
to that offense, including an enhancement for the infliction of great
bodily injury.
(g) When two or more enhancements may be imposed for the
infliction of great bodily injury in the commission of a single
offense, only the greatest of those enhancements shall be imposed for
that offense. This subdivision shall not limit the imposition of
any other enhancements applicable to that offense, including an
enhancement for being armed with or using a dangerous or deadly
weapon or a firearm.
(h) For any violation of paragraph (2), (3), or (6) of subdivision
(a) of Section 261, paragraph (1) or (4) of subdivision (a) of
Section 262, Section 264.1, subdivision (b) of Section 288,
subdivision (a) of Section 289, or sodomy or oral copulation by
force, violence, duress, menace, or fear of immediate and unlawful
bodily injury on the victim or another person as provided in Section
286 or 288a, the number of enhancements that may be imposed shall not
be limited, regardless of whether the enhancements are pursuant to
this section, Section
667.6, or some other section of law. Each of the enhancements shall
be a full and separately served enhancement and shall not be merged
with any term or with any other enhancement.
SEC. 3. Section 1170.13 of the Penal Code is amended to read:
1170.13. Notwithstanding subdivision (a) of Section 1170.1 which
provides for the imposition of a subordinate term for a consecutive
offense of one-third of the middle term of imprisonment, if a person
is convicted pursuant to subdivision (b) of Section 139, the
subordinate term for each consecutive offense shall consist of the
full middle term.
SEC. 4. Section 1170.15 of the Penal Code is amended to read:
1170.15. Notwithstanding subdivision (a) of Section 1170.1 which
provides for the imposition of a subordinate term for a consecutive
offense of one-third of the middle term of imprisonment, if a person
is convicted of a felony, and of an additional felony that is a
violation of Section 136.1 or 137 and that was committed against the
victim of, or a witness or potential witness with respect to, or a
person who was about to give material information pertaining to, the
first felony, or of a felony violation of Section 653f that was
committed to dissuade a witness or potential witness to the first
felony, the subordinate term for each consecutive offense that is a
felony described in this section shall consist of the full middle
term of imprisonment for the felony for which a consecutive term of
imprisonment is imposed, and shall include the full term prescribed
for any enhancements imposed for being armed with or using a
dangerous or deadly weapon or a firearm, or for inflicting great
bodily injury.
SEC. 5. Section 1170.95 of the Penal Code is amended to read:
1170.95. When a subordinate consecutive term of imprisonment is
imposed pursuant to Sections 669 and 1170 that involves one or more
convictions for robbery where it is charged and found that in each of
those robberies that the defendant personally used a deadly or
dangerous weapon in the commission of that robbery, as provided in
subdivision (b) of Section 12022, and each of those robberies is not
a violent felony, as defined in subdivision (c) of Section 667.5, the
aggregate term shall be calculated as provided in subdivision (a) of
Section 1170.1, except that the subordinate term for each
subordinate robbery conviction shall consist of one-third of the
middle term of imprisonment and one-third of the enhancement provided
in subdivision (b) of Section 12022.
SEC. 6. Section 1.5 of this bill incorporates amendments to
Section 1170 of the Penal Code proposed by both this bill and SB 295.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 1999, (2) each bill amends
Section 1170 of the Penal Code, and (3) this bill is enacted after SB
295, in which case Section 1170 of the Penal Code as amended by SB
295, shall remain operative only until the operative date of this
bill, at which time Section 1.5 of this bill shall become operative,
and Section 1 of this bill shall not become operative.
SEC. 7. Section 2.5 of this bill incorporates amendments to
Section 1170.1 of the Penal Code proposed by both this bill and AB
1290. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 1999, (2) each bill
amends Section 1170.1 of the Penal Code, and (3) this bill is enacted
after AB 1290, in which case Section 2 of this bill shall not become
operative.