SB 1085, as introduced, Walters. Human trafficking.
Existing law, except in unusual cases, prohibits the granting of probation to, or the suspension of sentence for, a person who is convicted of specified sex offenses.
Existing law proscribes the crime of human trafficking and imposes punishment including imprisonment in the state prison and specified fines upon a person who is convicted of that crime.
This bill would prohibit the granting of probation to, or the suspension of sentence for, a person who is convicted of human trafficking.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1203.065 of the Penal Code is amended
2to read:
(a) Notwithstanding any other provision of law,
4probation shall not be granted to, nor shall the execution or
5imposition of sentence be suspended for, any person who is
6convicted of violatingbegin insert Section 236.1,end insert paragraph (2) or (6) of
7subdivision (a) of Section 261, Section 264.1, 266h, 266i, 266j,
8or 269, paragraph (2) or (3) of subdivision (c), or subdivision (d),
9of Section 286,begin delete paragraph (2) or (3) of subdivision (c), or Section 288.7,begin insert paragraph (2) or
P2 1subdivision (d), of Section 288a,end delete
2(3) of subdivision (c), or
subdivision (d), of Section 288a,end insert
3 subdivision (a) of Section 289, or subdivision (b) of Section 311.4.
4(b) (1) Except in unusual cases where the interests of justice
5would best be served if the person is granted probation, probation
6shall not be granted to any person who is convicted of violating
7paragraph (7) of subdivision (a) of Section 261, subdivision (k) of
8Section 286, subdivision (k) of Section 288a, subdivision (g) of
9Section 289, or Section 220 for assault with intent to commit a
10specified sexual offense.
11(2) When probation is granted, the court shall specify on the
12record and shall enter on the minutes the circumstances indicating
13that the interests of justice would best be served by the disposition.
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