BILL NUMBER: AB 313	CHAPTERED  09/29/99

	CHAPTER   569
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 28, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 8, 1999
	AMENDED IN SENATE   SEPTEMBER 3, 1999
	AMENDED IN ASSEMBLY   APRIL 8, 1999

INTRODUCED BY   Assembly Member Zettel

                        FEBRUARY 8, 1999

   An act to amend Section 667.9 of the Penal Code, relating to
criminal enhancements.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 313, Zettel.  Crimes enhancements.
   (1) Existing law provides for a one-year sentence enhancement if
certain crimes are committed against a person 65 years of age or
older, or against a person who is blind, a paraplegic, or a
quadriplegic, or a person who is under the age of 14 years.
   This bill would also provide for that enhancement if the crime is
committed against a person who is deaf or developmentally disabled.
It would revise the list of crimes that are subject to that
enhancement, among other things, to include penetration of the
genital or anal opening of another by force of violence.
   (2) Existing law provides that any person who has a prior
conviction of any of the above-mentioned offenses who commits one of
those crimes against a person who is 65 years of age or older, or
against a person who is blind, deaf, developmentally disabled, a
paraplegic, or a quadriplegic, or against a person who is under the
age of 14 years shall receive a 2-year enhancement.
   This bill would provide for the 2-year enhancement if the person
is convicted of one of those crimes and has a previous conviction of
one of those crimes against a person 65 years of age or older, or
against a person who is blind, deaf, developmentally disabled, a
paraplegic, or a quadriplegic, or against a person who is under the
age of 14 years.
   The bill would set forth a statement of intent.
   (3) By imposing new enhancements on existing crimes, this bill
would 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 667.9 of the Penal Code is amended to read:
   667.9.  (a) Any person who commits one or more of the crimes
specified in subdivision (c) against a person who is 65 years of age
or older, or against a person who is blind, deaf, developmentally
disabled, a paraplegic, or a quadriplegic, or against a person who is
under the age of 14 years, and that disability or condition is known
or reasonably should be known to the person committing the crime,
shall receive a one-year enhancement for each violation.
   (b) Any person who commits a violation of subdivision (a) and who
has a prior conviction for any of the offenses specified in
subdivision (c), shall receive a two-year enhancement for each
violation in addition to the sentence provided under Section 667.
   (c) Subdivisions (a) and (b) apply to the following crimes:
   (1) Mayhem, in violation of Section 203 or 205.
   (2) Kidnapping, in violation of Section 207, 209, or 209.5.
   (3) Robbery, in violation of Section 211.
   (4) Carjacking, in violation of Section 215.
   (5) Rape, in violation of paragraph (2) or (6) of subdivision (a)
of Section 261.
   (6) Spousal rape, in violation of paragraph (1) or (4) of
subdivision (a) of Section 262.
   (7) Rape, spousal rape, or sexual penetration in concert, in
violation of Section 264.1.
   (8) Sodomy, in violation of paragraph (2) or (3) of subdivision
(c), or subdivision (d), of Section 286.
   (9) Oral copulation, in violation of paragraph (2) or (3) of
subdivision (c), or subdivision (d), of Section 288a.
   (10) Sexual penetration, in violation of subdivision (a) of
Section 289.
   (11) Burglary of the first degree, as defined in Section 460, in
violation of Section 459.
   (d) As used in this section, "developmentally disabled" means a
severe, chronic disability of a person, which is all of the
following:
   (1) Attributable to a mental or physical impairment or a
combination of mental and physical impairments.
   (2) Likely to continue indefinitely.
   (3) Results in substantial functional limitation in three or more
of the following areas of life activity:
   (A) Self-care.
   (B) Receptive and expressive language.
   (C) Learning.
   (D) Mobility.
   (E) Self-direction.
   (F) Capacity for independent living.
   (G) Economic self-sufficiency.
  SEC. 2.  (a) In deleting the reference to Section 667 in
subdivision (a) of Section 667.9 of the Penal Code, the Legislature
recognizes that subdivision (a) does not require a prior conviction
and that the reference to Section 667 is, therefore, surplusage.
   (b) In repealing the specific provision in subdivision (d) of
Section 667.9 of the Penal Code, it is not the intent of the
Legislature to alter the application of the general provision of
subdivision (e) of Section 1170.1 of the Penal Code to the
enhancements provided in that section.
  SEC. 3.  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.