BILL NUMBER: AB 381 CHAPTERED 09/02/99 CHAPTER 298 FILED WITH SECRETARY OF STATE SEPTEMBER 2, 1999 APPROVED BY GOVERNOR SEPTEMBER 1, 1999 PASSED THE SENATE AUGUST 24, 1999 PASSED THE ASSEMBLY MAY 27, 1999 INTRODUCED BY Assembly Member Cardoza FEBRUARY 11, 1999 An act to amend Section 1192.7 of the Penal Code, relating to serious felonies. LEGISLATIVE COUNSEL'S DIGEST AB 381, Cardoza. Serious felonies: plea bargaining. Existing law, amended by initiative statute, prohibits plea bargaining in any case in which the indictment or information charges any serious felony, as defined. The initiative statute provides that any amendment of its provisions by the Legislature shall require a 2/3 vote of the membership of each house. This bill would add the offense of false imprisonment to the definition of a "serious felony" for purposes of the prohibition. Because it would amend an initiative statute, the bill would require a2/3 vote. By including the crime of false imprisonment in the definition of a "serious felony," the bill would increase the costs of prosecuting that crime and thereby impose a state-mandated local program. 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. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1192.7 of the Penal Code is amended to read: 1192.7. (a) Plea bargaining in any case in which the indictment or information charges any serious felony, any felony in which it is alleged that a firearm was personally used by the defendant, or any offense of driving while under the influence of alcohol, drugs, narcotics, or any other intoxicating substance, or any combination thereof, is prohibited, unless there is insufficient evidence to prove the people's case, or testimony of a material witness cannot be obtained, or a reduction or dismissal would not result in a substantial change in sentence. (b) As used in this section, "plea bargaining" means any bargaining, negotiation, or discussion between a criminal defendant, or his or her counsel, and a prosecuting attorney or judge, whereby the defendant agrees to plead guilty or nolo contendere, in exchange for any promises, commitments, concessions, assurances, or consideration by the prosecuting attorney or judge relating to any charge against the defendant or to the sentencing of the defendant. (c) As used in this section, "serious felony" means any of the following: (1) Murder or voluntary manslaughter. (2) Mayhem. (3) Rape. (4) Sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person. (5) Oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person. (6) Lewd or lascivious act on a child under the age of 14 years. (7) Any felony punishable by death or imprisonment in the state prison for life. (8) Any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm. (9) Attempted murder. (10) Assault with intent to commit rape, mayhem, sodomy, oral copulation, or robbery. (11) Assault with a deadly weapon or instrument on a peace officer. (12) Assault by a life prisoner on a noninmate. (13) Assault with a deadly weapon by an inmate. (14) Arson. (15) Exploding a destructive device or any explosive with intent to injure. (16) Exploding a destructive device or any explosive causing great bodily injury or mayhem. (17) Exploding a destructive device or any explosive with intent to murder. (18) Burglary of an inhabited dwelling house, vessel, as defined in the Harbors and Navigation Code, which is inhabited and designed for habitation, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, trailer coach, as defined by the Vehicle Code, or the inhabited portion of any other building. (19) Robbery or bank robbery. (20) Kidnapping. (21) Holding of a hostage by a person confined in a state prison. (22) False imprisonment as described in Section 210.5. (23) Attempt to commit a felony punishable by death or imprisonment in the state prison for life. (24) Any felony in which the defendant personally used a dangerous or deadly weapon. (25) Selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of the precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety Code. (26) Any violation of subdivision (a) of Section 289 where the act is accomplished against the victim's will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. (27) Grand theft involving a firearm. (28) Carjacking. (29) Any violation of Section 288.5. (30) Any violation of Section 244. (31) Assault with a deadly weapon or instrument on a firefighter. (32) Any violation of Section 264.1. (33) Any violation of Section 12022.53. (34) Any attempt to commit a crime listed in this subdivision other than an assault. (35) Any conspiracy to commit an offense described in paragraph (25) as it applies to Section 11370.4 of the Health and Safety Code where the defendant conspirator was substantially involved in the planning, direction, or financing of the underlying offense. (d) As used in this section, "bank robbery" means to take or attempt to take, by force or violence, or by intimidation from the person or presence of another any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association. As used in this subdivision, the following terms have the following meanings: (1) "Bank" means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operating under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation. (2) "Savings and loan association" means any federal savings and loan association and any "insured institution" as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 2 of the Federal Credit Union Act. (3) "Credit union" means any federal credit union and any state-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union Administration. (e) The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.