BILL NUMBER: SB 786	CHAPTERED
	BILL TEXT

	CHAPTER   350
	FILED WITH SECRETARY OF STATE   SEPTEMBER 7, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 7, 1999
	PASSED THE ASSEMBLY   AUGUST 19, 1999
	PASSED THE SENATE   MAY 17, 1999
	AMENDED IN SENATE   MAY 6, 1999
	AMENDED IN SENATE   APRIL 7, 1999

INTRODUCED BY   Senator Schiff

                        FEBRUARY 25, 1999

   An act to amend Section 668 of, and to add   Section 668.5 to, the
Penal Code and to amend Section 6600 of the Welfare and Institutions
Code, relating to punishment, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 786, Schiff.    Punishment.
   Existing law provides that every person convicted in any other
state, government, country, or jurisdiction of an offense that is
punishable in this state by imprisonment in state prison is
punishable as if the prior conviction had occurred in this state when
convicted of a subsequent crime in this state.  Existing law
specifies that the application of this provision includes, but is not
limited to, all statutes that provide for enhancements for prior
convictions and prior prison terms.
   This bill additionally would include in this application a term of
imprisonment based upon a prior conviction or prior prison term and
further require that an offense specified as a prior felony
conviction by reference to a specific code section include any prior
felony conviction under any predecessor statute of that specified
offense that includes all of the elements of that specified offense.
This bill also would specify that application of the latter
provision includes, but is not limited to, all statutes that provide
for an enhancement or a term of imprisonment based upon a prior
conviction or a prior prison term.
   This bill would make a conforming change.
   The bill also would provide that it is intended to be declaratory
of existing law as established by the holding set forth in People v.
Butler (1998) 68 Cal. App. 4th 421.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 668 of the Penal Code is amended to read:
   668.  Every person who has been convicted in any other state,
government, country, or jurisdiction of an offense for which, if
committed within this state, that person could have been punished
under the laws of this state by imprisonment in the state prison, is
punishable for any subsequent crime committed within this state in
the manner prescribed by law and to the same extent as if that prior
conviction had taken place in a court of this state.  The application
of this section includes, but is not limited to, all statutes that
provide for  an enhancement or a term of imprisonment based on a
prior conviction or a prior prison term.
  SEC. 2.  Section 668.5 is added to the Penal Code, to read:
   668.5.  An offense specified as a prior felony conviction by
reference to a specific code section shall include any prior felony
conviction under any predecessor statute of that specified offense
that includes all of the elements of that specified offense.  The
application of this section includes, but is not limited to, all
statutes that provide for an enhancement or a term of imprisonment
based on a prior conviction or a prior prison term.
  SEC. 3.  Section 6600 of the Welfare and Institutions Code is
amended to read:
   6600.  As used in this article, the following terms have the
following meanings:
   (a) "Sexually violent predator" means a person who has been
convicted of a sexually violent offense against two or more victims
for which he or she received a determinate sentence and who has a
diagnosed mental disorder that makes the person a danger to the
health and safety of others in that it is likely that he or she will
engage in sexually violent criminal behavior.
   For purposes of this subdivision, a prior finding of not guilty by
reason of insanity for an offense described in subdivision (b), a
conviction for an offense under a predecessor statute that includes
all of the elements of an offense described in subdivision (b), a
conviction prior to July 1, 1977, for an offense described in
subdivision (b), a conviction resulting in a finding that the person
was a mentally disordered sex offender, or a conviction in another
jurisdiction for an offense that includes all the elements of an
offense described in subdivision (b), shall also be deemed to be a
sexually violent offense even if the offender did not receive a
determinate sentence for that prior offense.
   Conviction of one or more of the crimes enumerated in this section
shall constitute evidence that may support a court or jury
determination that a person is a sexually violent predator, but shall
not be the sole basis for the determination.  The existence of any
prior convictions may be shown with documentary evidence.  The
details underlying the commission of an offense that led to a prior
conviction, including a predatory relationship with the victim, may
be shown by documentary evidence, including, but not limited to,
preliminary hearing transcripts, trial transcripts, probation and
sentencing reports, and evaluations by the State Department of Mental
Health.  Jurors shall be admonished that they may not find a person
a sexually violent predator based on prior offenses absent relevant
evidence of a currently diagnosed mental disorder that makes the
person a danger to the health and safety of others in that it is
likely that he or she will engage in sexually violent criminal
behavior.
   (b) "Sexually violent offense" means the following acts when
committed by force, violence, duress, menace, or fear of immediate
and unlawful bodily injury on the victim or another person, and that
are committed on, before, or after the effective date of this article
and result in a conviction or a finding of not guilty by reason of
insanity, as provided in subdivision (a):  a felony violation of
paragraph (2) of subdivision (a) of Section 261, paragraph (1) of
subdivision (a) of Section 262, Section 264.1, subdivision (a) or (b)
of Section 288, or subdivision (a) of Section 289 of the Penal Code,
or sodomy or oral copulation in violation of Section 286 or 288a of
the Penal Code.
   (c) "Diagnosed mental disorder" includes a congenital or acquired
condition affecting the emotional or volitional capacity that
predisposes the person to the commission of criminal sexual acts in a
degree constituting the person a menace to the health and safety of
others.
   (d) "Danger to the health and safety of others" does not require
proof of a recent overt act while the offender is in custody.
   (e) "Predatory" means an act is directed toward a stranger, a
person of casual acquaintance with whom no substantial relationship
exists, or an individual with whom a relationship has been
established or promoted for the primary purpose of victimization.
   (f) "Recent overt act" means any criminal act that manifests a
likelihood that the actor may engage in sexually violent predatory
criminal behavior.
  SEC. 4.  This act is intended to be declaratory of existing law as
contained in People v. Butler (1998) 68 Cal.App.4th 421, at pages
435-441.
  SEC. 5.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to clarify the qualification of prior convictions under
predecessor statutes at the earliest possible time so as to avoid
confusion regarding their use, it is necessary for this act to take
effect immediately.