BILL NUMBER: SB 1037	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Correa

                        FEBRUARY 12, 2010

   An act to amend Section 667.6 of the Penal Code, relating to sex
offenses.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1037, as introduced, Correa. Sex offenses: penalty
enhancements.
   Existing law, as amended by Proposition 83, adopted November 7,
2006, allows for the imposition of a discretionary full, separate,
and consecutive sentence term for each violation of specified sex
crimes if the crimes involve the same victim on the same occasion.
The initiative provides that any amendment of this provision by the
Legislature shall require a 2/3 vote of the membership of each house
unless the Legislature amends the provision to expand the scope of
its application or to increase the punishments or penalties provided,
in which case the Legislature may amend this provision by a statute
passed by a majority vote of each house.
   This bill would permit the imposition of a discretionary full,
separate, and consecutive sentence term for each violation of those
specified sex crimes without the requirement that the crimes involve
the same victim on the same occasion.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 667.6 of the Penal Code is amended to read:
   667.6.  (a) Any person who is convicted of an offense specified in
subdivision (e) and who has been convicted previously of any of
those offenses shall receive a five-year enhancement for each of
those prior convictions.
   (b) Any person who is convicted of an offense specified in
subdivision (e) and who has served two or more prior prison terms as
defined in Section 667.5 for any of those offenses shall receive a
10-year enhancement for each of those prior terms.
   (c) In lieu of the term provided in Section 1170.1, a full,
separate, and consecutive term may be imposed for each violation of
an offense specified in subdivision (e)  if the crimes
involve the same victim on the same occasion  . A term may
be imposed consecutively pursuant to this subdivision if a person is
convicted of at least one offense specified in subdivision (e). If
the term is imposed consecutively pursuant to this subdivision, it
shall be served consecutively to any other term of imprisonment, and
shall commence from the time the person otherwise would have been
released from imprisonment. The term shall not be included in any
determination pursuant to Section 1170.1. Any other term imposed
subsequent to that term shall not be merged therein but shall
commence at the time the person otherwise would have been released
from prison.
   (d) A full, separate, and consecutive term shall be imposed for
each violation of an offense specified in subdivision (e) if the
crimes involve separate victims or involve the same victim on
separate occasions.
   In determining whether crimes against a single victim were
committed on separate occasions under this subdivision, the court
shall consider whether, between the commission of one sex crime and
another, the defendant had a reasonable opportunity to reflect upon
his or her actions and nevertheless resumed sexually assaultive
behavior. Neither the duration of time between crimes, nor whether or
not the defendant lost or abandoned his or her opportunity to
attack, shall be, in and of itself, determinative on the issue of
whether the crimes in question occurred on separate occasions.
   The term shall be served consecutively to any other term of
imprisonment and shall commence from the time the person otherwise
would have been released from imprisonment. The term shall not be
included in any determination pursuant to Section 1170.1. Any other
term imposed subsequent to that term shall not be merged therein but
shall commence at the time the person otherwise would have been
released from prison.
   (e) This section shall apply to the following offenses:
   (1) Rape, in violation of paragraph (2), (3), (6), or (7) of
subdivision (a) of Section 261.
   (2) Spousal rape, in violation of paragraph (1), (4), or (5) of
subdivision (a) of Section 262.
   (3) Rape, spousal rape, or sexual penetration, in concert, in
violation of Section 264.1.
   (4) Sodomy, in violation of paragraph (2) or (3) of subdivision
(c), or subdivision (d) or (k), of Section 286.
   (5) Lewd or lascivious act, in violation of subdivision (b) of
Section 288.
   (6) Continuous sexual abuse of a child, in violation of Section
288.5.
   (7) Oral copulation, in violation of paragraph (2) or (3) of
subdivision (c), or subdivision (d) or (k), of Section 288a.
   (8) Sexual penetration, in violation of subdivision (a) or (g) of
Section 289.
   (9) As a present offense under subdivision (c) or (d), assault
with intent to commit a specified sexual offense, in violation of
Section 220.
   (10) As a prior conviction under subdivision (a) or (b), an
offense committed in another jurisdiction that includes all of the
elements of an offense specified in this subdivision.
   (f) In addition to any enhancement imposed pursuant to subdivision
(a) or (b), the court may also impose a fine not to exceed twenty
thousand dollars ($20,000) for anyone sentenced under those
provisions. The fine imposed and collected pursuant to this
subdivision shall be deposited in the Victim-Witness Assistance Fund
to be available for appropriation to fund child sexual exploitation
and child sexual abuse victim counseling centers and prevention
programs established pursuant to Section 13837. If the court orders a
fine to be imposed pursuant to this subdivision, the actual
administrative cost of collecting that fine, not to exceed 2 percent
of the total amount paid, may be paid into the general fund of the
county treasury for the use and benefit of the county.