BILL NUMBER: SB 2183 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 13, 2000
INTRODUCED BY Senator Soto
MARCH 16, 2000
An act to amend Section 666.7 of, and to add Section
667.84 to, the Penal Code, relating to enhancements.
An act relating to trauma intervention, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 2183, as amended, Soto. Enhancements: violent felony
in the presence of a minor Trauma intervention
.
Under existing law, the Office of Criminal Justice Planning (OCJP)
funds, among other programs, various programs relating to victims
services.
This bill would appropriate $5,000,000 from the General Fund to
OCJP for distribution to the UCLA Trauma Psychiatry Program for the
purpose of operating over a period of 3 years an expanded version of
a pilot program that currently provides trauma and grief intervention
to students.
Existing law provides sentence enhancements for specified serious
offenses, including felony offenses committed against a child under
the age of 18 years.
This bill would create a sentence enhancement imposing an
additional term of one, 2, or 3 years for a violent felony, as
defined, that is committed in the immediate presence of, or is
witnessed by, any child under the age of 16 years and would make
related changes. By creating a new enhancement, 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.
Vote: majority 2/3 .
Appropriation: no yes . Fiscal
committee: yes. State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 666.7 of the Penal Code is
SECTION 1. The Legislature hereby finds and declares as follows:
(a) The UCLA Trauma Psychiatry Program has a pilot program in one
cluster consisting of one high school and two to four middle schools
in northwest Pasadena that provides trauma and grief intervention.
(b) The pilot program identifies youth that are in need of
postviolence and postdisaster mental health services. Many of the
students who participated in this program suffered severe and
debilitating chronic Posttraumatic Stress Disorder and had lost their
motivation for learning.
(c) The pilot program has been successful in treating students for
their trauma and also has helped to improve their school work.
(d) The pilot program should be extended from one to five
clusters, two of which would be located in northern California and
three in southern California with specific sites selected by the UCLA
Trauma Psychiatry Program.
(e) The pilot program was funded by the Office of Criminal Justice
Planning.
SEC. 2. The sum of five million dollars ($5,000,000) is hereby
appropriated from the General Fund to the Office of Criminal Justice
Planning for distribution to the UCLA Trauma Psychiatry Program for
the purpose of operating over a period of three years an expanded
version of the pilot program that currently provides trauma and grief
intervention in one cluster consisting of one high school and two to
four middle schools in northwest Pasadena. The program shall be
expanded from one to five clusters, two of which would be located in
northern California and three in southern California with specific
sites selected by the UCLA Trauma Psychiatry Program.
amended to read:
666.7. It is the intent of the Legislature that this section
serve merely as a nonsubstantive comparative reference of current
sentence enhancement provisions. Nothing in this section shall have
any substantive effect on the application of any sentence enhancement
contained in any provision of law, including, but not limited to,
all of the following: omission of any sentence enhancement
provision, inclusion of any obsolete sentence enhancement provision,
or inaccurate reference or summary of a sentence enhancement
provision.
It is the intent of the Legislature to amend this section as
necessary to accurately reflect current sentence enhancement
provisions, including the addition of new provisions and the deletion
of obsolete provisions.
For the purposes of this section, the term "sentence enhancement"
means an additional term of imprisonment in the state prison added to
the base term for the underlying offense. A sentence enhancement is
imposed because of the nature of the offense at the time the offense
was committed or because the defendant suffered a qualifying prior
conviction before committing the current offense.
(a) The provisions listed in this subdivision imposing a sentence
enhancement of one year imprisonment in the state prison may be
referenced as Schedule A.
(1) Money laundering when the value of transactions exceeds fifty
thousand dollars ($50,000), but is less than one hundred fifty
thousand dollars ($150,000) (subpara. (A), para. (1), subd. (c), Sec.
186.10, Pen. C.).
(2) Commission of two or more related felonies, a material element
of which is fraud or embezzlement, which involve a pattern of
related felony conduct, involving the taking of more than one hundred
thousand dollars ($100,000) (para. (3), subd. (a), Sec. 186.11, Pen.
C.).
(3) Felony conviction of willful harm or injury to a child,
involving female genital mutilation (Sec. 273.4, Pen. C.).
(4) Prior conviction of felony hate crime with a current
conviction of felony hate crime (subd. (e), Sec. 422.75, Pen. C.).
(5) Harming, obstructing, or interfering with any horse or dog
being used by any peace officer in the discharge or attempted
discharge of his or her duties and, with the intent to so harm,
obstruct, or interfere, personally causing the death, destruction, or
serious physical injury of any horse or dog (subd. (c), Sec. 600,
Pen. C.).
(6) Prior prison term with current felony conviction (subd. (b),
Sec. 667.5, Pen. C.).
(7) Commission of any specified offense against a person who is 65
years of age or older, blind, a paraplegic or quadriplegic, or under
14 years of age (subd. (a), Sec. 667.9, Pen. C.).
(8) Showing child pornography to a minor prior to or during the
commission or attempted commission of any lewd or lascivious act with
the minor (subd. (a), Sec. 667.15, Pen. C.).
(9) Felony conviction of forgery, grand theft, or false pretenses
as part of plan or scheme to defraud an owner in connection with
repairs to a structure damaged by a natural disaster (Sec. 667.16,
Pen. C.).
(10) Impersonating a peace officer during the commission of a
felony (Sec. 667.17, Pen. C.).
(11) Felony conviction of any specified offense, including, but
not limited to, forgery, grand theft, and false pretenses, as part of
plan or scheme to defraud an owner in connection with repairs to a
structure damaged by natural disaster with prior felony conviction of
any of those offenses (Sec. 670, Pen. C.).
(12) Commission or attempted commission of a felony while armed
with a firearm (para. (1), subd. (a), Sec. 12022, Pen. C.).
(13) Personally using a deadly or dangerous weapon in the
commission or attempted commission of a felony (para. (1), subd. (b),
Sec. 12022, Pen. C.).
(14) Taking, damaging, or destroying any property in the
commission or attempted commission of a felony with the intent to
cause that taking, damage, or destruction when the loss exceeds fifty
thousand dollars ($50,000) (para. (1), subd. (a), Sec. 12022.6,
Pen. C.).
(15) Transferring, lending, selling, or giving any assault weapon
to a minor (para. (2), subd. (a), Sec. 12280, Pen. C.).
(16) Manufacturing, causing to be manufactured, distributing,
transporting, importing, keeping for sale, offering or exposing for
sale, giving, or lending any assault weapon while committing another
crime (subd. (c), Sec. 12280, Pen. C.).
(17) Inducing, employing, or using a minor to commit a drug
offense involving heroin, cocaine, or cocaine base, or unlawfully
furnishing one of these controlled substances to a minor, upon the
grounds of, or within, a church, playground, youth center, child day
care facility, or public swimming pool during business hours or
whenever minors are using the facility (para. (1), subd. (a), Sec.
11353.1, H.& S.C.).
(18) Inducing another person to commit a drug offense as part of
the drug transaction for which the defendant is convicted when the
value of the controlled substance involved exceeds five hundred
thousand dollars ($500,000) (para. (1), subd. (a), Sec. 11356.5, H.&
S.C.).
(19) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing methamphetamine or phencyclidine (PCP), or
attempting to commit any of those acts, or possessing specified
combinations of substances with the intent to manufacture either
methamphetamine or phencyclidine (PCP), when the commission or
attempted commission of the offense causes the death or great bodily
injury of another person other than an accomplice (Sec. 11379.9, H.&
S.C.).
(20) Using a minor to commit a drug offense involving
phencyclidine (PCP), methamphetamine, or lysergic acid diethylamide
(LSD), or unlawfully furnishing one of these controlled substances to
a minor, when the commission of the offense occurs upon the grounds
of, or within, a church, playground, youth center, child day care
facility, or public swimming pool during business hours or whenever
minors are using the facility (para. (1), subd. (a), Sec. 11380.1,
H.& S.C.).
(21) Possessing for sale, or selling, heroin, cocaine, cocaine
base, methamphetamine, or phencyclidine (PCP), when the commission of
the offense occurs upon the grounds of a public park, public
library, or oceanfront beach (para. (1), subd. (a), Sec. 11380.5, H.&
S.C.).
(22) Causing bodily injury or death to more than one victim in any
one instance of driving under the influence of any alcoholic
beverage or drug (Sec. 23558, Veh. C.).
(23) Fraudulently appropriating food stamps, electronically
transferred benefits, or authorizations to participate in the federal
Food Stamp Program entrusted to a public employee, or knowingly
using, transferring, selling, purchasing, or possessing, any of the
same in an unauthorized manner, when the offense is committed by
means of an electronic transfer of benefits in an amount exceeding
fifty thousand dollars ($50,000), but less than one hundred fifty
thousand dollars ($150,000) (subpara. (A), para. (1), subd. (h), Sec.
10980, W.& I.C.).
(b) The provisions listed in this subdivision imposing a sentence
enhancement of one, two, or three years' imprisonment in the state
prison may be referenced as Schedule B.
(1) Commission of a felony for the benefit of, at the direction
of, or in association with any criminal street gang, with the
specific intent to promote, further, or assist in any criminal
conduct by gang members (para. (1), subd. (b), Sec. 186.22, Pen.
C.).
(2) Commission or attempted commission of a felony hate crime
(subd. (a), Sec. 422.75, Pen. C.).
(3) Commission or attempted commission of a felony against the
property of a public or private institution because the property is
associated with a person or group of identifiable race, color,
religion, nationality, country of origin, ancestry, gender,
disability, or sexual orientation (subd. (b), Sec. 422.75, Pen. C.).
(4) Felony conviction of unlawfully causing a fire of any
structure, forest land, or property when the defendant has been
previously convicted of arson or unlawfully causing a fire, or when a
firefighter, peace officer, or emergency personnel suffered great
bodily injury, or when the defendant proximately caused great bodily
injury to more than one victim, or caused multiple structures to burn
(Sec. 452.1, Pen. C.).
(5) Carrying a loaded or unloaded firearm during the commission or
attempted commission of any felony street gang crime (subd. (a),
Sec. 12021.5, Pen. C.).
(6) Personally using a deadly or dangerous weapon in the
commission of carjacking or attempted carjacking (para. (2), subd.
(b), Sec. 12022, Pen. C.).
(7) Being a principal in the commission or attempted commission of
any specified drug offense, knowing that another principal is
personally armed with a firearm (subd. (d), Sec. 12022, Pen. C.).
(8) Furnishing or offering to furnish a firearm to another for the
purpose of aiding, abetting, or enabling that person or any other
person to commit a felony (Sec. 12022.4, Pen. C.).
(9) Selling, supplying, delivering, or giving possession or
control of a firearm to any person within a prohibited class or to a
minor when the firearm is used in the subsequent commission of a
felony (para. (4), subd. (g), Sec. 12072, Pen. C.).
(10) Inducing, employing, or using a minor who is at least four
years younger than the defendant to commit a drug offense involving
any specified controlled substance, including, but not limited to,
heroin, cocaine, and cocaine base, or unlawfully providing one of
these controlled substances to a minor (para. (3), subd. (a), Sec.
11353.1, H.& S.C.).
(11) Prior conviction of inducing, employing, or using a minor to
commit a drug offense involving cocaine base, or unlawfully providing
cocaine base to a minor that resulted in a prison sentence with a
current conviction of the same offense (subd. (a), Sec. 11353.4, H.&
S.C.).
(12) Prior conviction of inducing, employing, or using a minor to
commit a drug offense involving cocaine base, or unlawfully providing
cocaine base to a minor with a current conviction of the same
offense involving a minor who is 14 years of age or younger (subd.
(b), Sec. 11353.4, H.& S.C.).
(13) Inducing, employing, or using a minor who is at least four
years younger than the defendant to commit a drug offense involving
any specified controlled substance, including, but not limited to,
phencyclidine (PCP), methamphetamine, and lysergic acid diethylamide
(LSD), or unlawfully providing one of these controlled substances to
a minor (para. (3), subd. (a), Sec. 11380.1, H.& S.C.).
(14) Causing great bodily injury or a substantial probability that
death could result by the knowing disposal, transport, treatment,
storage, burning, or incineration of any hazardous waste at a
facility without permits or at an unauthorized point (subd. (e), Sec.
25189.5, and subd. (c), Sec. 25189.7, H.& S.C.).
(15) A violent felony, as defined in subdivision (c) of Section
667.5, that is committed in the immediate presence of, or is
witnessed by, any child under the age of 16 years (Sec. 667.84, Pen.
C.).
(c) The provisions listed in this subdivision imposing a sentence
enhancement of one, two, or five years' imprisonment in the state
prison may be referenced as Schedule C.
(1) Wearing a bullet-resistant body vest in the commission or
attempted commission of a violent offense (subd. (b), Sec. 12022.2,
Pen. C.).
(2) Commission or attempted commission of any specified sex
offense while armed with a firearm or deadly weapon (subd. (b), Sec.
12022.3, Pen. C.).
(d) The provisions listed in this subdivision imposing a sentence
enhancement of two years' imprisonment in the state prison may be
referenced as Schedule D.
(1) Money laundering when the value of the transactions exceeds
one hundred fifty thousand dollars ($150,000), but is less than one
million dollars ($1,000,000) (subpara. (B), para. (1), subd. (c),
Sec. 186.10, Pen. C.).
(2) Commission of two or more related felonies, a material element
of which is fraud or embezzlement, which involve a pattern of
related felony conduct, involving the taking of more than one hundred
fifty thousand dollars ($150,000) (para. (3), subd. (a), Sec.
186.11, Pen. C.).
(3) Conviction of any specified felony sex offense that is
committed after fleeing to this state under specified circumstances
(subd. (d), Sec. 289.5, Pen. C.).
(4) Prior conviction of any specified insurance fraud offense with
current conviction of willfully injuring, destroying, secreting,
abandoning, or disposing of any property insured against loss or
damage by theft, embezzlement, or any casualty with the intent to
defraud or prejudice the insurer (subd. (b), Sec. 548, Pen. C.).
(5) Prior conviction of any specified insurance fraud offense with
current conviction of knowingly presenting any false or fraudulent
insurance claim or multiple claims for the same loss or injury, or
knowingly causing or participating in a vehicular collision for the
purpose of presenting any false or fraudulent claim, or providing
false or misleading information or concealing information for purpose
of insurance fraud (subd. (e), Sec. 550, Pen. C.).
(6) Causing serious bodily injury as a result of knowingly causing
or participating in a vehicular collision or accident for the
purpose of presenting any false or fraudulent claim (subd. (g), Sec.
550, Pen. C.).
(7) Harming, obstructing, or interfering with any horse or dog
being used by any peace officer in the discharge or attempted
discharge of his or her duties and, with the intent to cause great
bodily injury, personally causing great bodily injury to any person
other than an accomplice (subd. (d), Sec. 600, Pen. C.).
(8) Prior conviction of any specified offense with current
conviction of any of those offenses committed against a person who is
65 years of age or older, blind, a paraplegic or quadriplegic, or
under 14 years of age (subd. (b), Sec. 667.9, Pen. C.).
(9) Prior conviction for penetration of genital or anal openings
by foreign or unknown object with current conviction of the same
offense committed against a person who is 65 years of age or older,
blind, deaf, developmentally disabled, a paraplegic or quadriplegic,
or under 14 years of age (subd. (a), Sec. 667.10, Pen. C.).
(10) Showing child pornography to minor prior to or during the
commission or attempted commission of continuous sexual abuse of the
minor (subd. (b), Sec. 667.15, Pen. C.).
(11) Primary care provider in a day care facility committing any
specified felony sex offense against a minor entrusted to his or her
care (subd. (a), Sec. 674, Pen. C.).
(12) Commission of a felony offense while released from custody on
bail or own recognizance (subd. (b), Sec. 12022.1, Pen. C.).
(13) Taking, damaging, or destroying any property in the
commission or attempted commission of a felony with the intent to
cause that taking, damage, or destruction when the loss exceeds one
hundred fifty thousand dollars ($150,000) (para. (2), subd. (a), Sec.
12022.6, Pen. C.).
(14) Inducing, employing, or using a minor to commit a drug
offense involving heroin, cocaine, or cocaine base, or unlawfully
furnishing one of these controlled substances to a minor, upon, or
within 1,000 feet of, the grounds of a school during school hours or
whenever minors are using the facility (para. (2), subd. (a), Sec.
11353.1, H.& S.C.).
(15) Inducing another person to commit a drug offense as part of
the drug transaction for which the defendant is convicted when the
value of the controlled substance involved exceeds two million
dollars ($2,000,000) (para. (2), subd. (a), Sec. 11356.5, H.& S.C.).
(16) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing methamphetamine or phencyclidine (PCP), or
attempting to commit any of those acts, or possessing specified
combinations of substances with the intent to manufacture either
methamphetamine or phencyclidine (PCP), when the commission or
attempted commission of the crime occurs in a structure where any
child under 16 years of age is present (subd. (a), Sec. 11379.7, H.&
S.C.).
(17) Using a minor to commit a drug offense involving
phencyclidine (PCP), methamphetamine, or lysergic acid diethylamide
(LSD), or unlawfully furnishing one of these controlled substances to
a minor, upon, or within 1,000 feet of, the grounds of a school
during school hours or whenever minors are using the facility (para.
(2), subd. (a), Sec. 11380.1, H.& S.C.).
(18) Prior felony conviction of any specified insurance fraud
offense with a current conviction of making false or fraudulent
statements concerning a workers' compensation claim (subd. (c), Sec.
1871.4, Ins. C.).
(19) Prior felony conviction of making or causing to be made any
knowingly false or fraudulent statement of any fact material to the
determination of the premium, rate, or cost of any policy of workers'
compensation insurance for the purpose of reducing the premium,
rate, or cost of the insurance with a current conviction of the same
offense (subd. (b), Sec. 11760, Ins. C.).
(20) Prior felony conviction of making or causing to be made any
knowingly false or fraudulent statement of any fact material to the
determination of the premium, rate, or cost of any policy of workers'
compensation insurance issued or administered by the State
Compensation Insurance Fund for the purpose of reducing the premium,
rate, or cost of the insurance with a current conviction of the same
offense (subd. (b), Sec. 11880, Ins. C.).
(21) Fraudulently appropriating food stamps, electronically
transferred benefits, or authorizations to participate in the federal
Food Stamp Program entrusted to a public employee, or knowingly
using, transferring, selling, purchasing, or possessing, any of the
same in an unauthorized manner, when the offense is committed by
means of an electronic transfer of benefits in an amount exceeding
one hundred fifty thousand dollars ($150,000), but less than one
million dollars ($1,000,000) (subpara. (B), para. (1), subd. (h),
Sec. 10980, W.& I.C.).
(e) The provisions listed in this subdivision imposing a sentence
enhancement of two, three, or four years' imprisonment in the state
prison may be referenced as Schedule E.
(1) Commission of a felony for the benefit of, at the direction
of, or in association with any criminal street gang, with the
specific intent to promote, further, or assist in any criminal
conduct by gang members, and on the grounds of, or within 1,000 feet
of, a school during school hours or when minors are using the
facility (para. (2), subd. (b), Sec. 186.22, Pen. C.).
(2) Acting in concert with another person or aiding or abetting
another person in committing or attempting to commit a felony hate
crime (subd. (c), Sec. 422.75, Pen. C.).
(3) Carrying a loaded or unloaded firearm together with a
detachable shotgun magazine, a detachable pistol magazine, a
detachable magazine, or a belt-feeding device during the commission
or attempted commission of any felony street gang crime (subd. (b),
Sec. 12021.5, Pen. C.).
(f) The provisions listed in this subdivision imposing a sentence
enhancement of two, three, or five years' imprisonment in the state
prison may be referenced as Schedule F.
(1) Commission of two or more related felonies, a material element
of which is fraud or embezzlement, which involve a pattern of
related felony conduct, involving the taking of more than five
hundred thousand dollars ($500,000) (para. (2), subd. (a), Sec.
186.11, Pen. C.).
(g) The provisions listed in this subdivision imposing a sentence
enhancement of three years' imprisonment in the state prison may be
referenced as Schedule G.
(1) Money laundering when the value of transactions exceeds one
million dollars ($1,000,000), but is less than two million five
hundred thousand dollars ($2,500,000) (subpara. (C), para. (1), subd.
(c), Sec. 186.10, Pen. C.).
(2) Commission of a felony for the benefit of, at the direction
of, or in association with any criminal street gang, with the
specific intent to promote, further, or assist in any criminal
conduct by gang members, if also convicted of a felony violation of
witness or victim intimidation involving a credible threat of
violence or death made to the witness or victim of a violent felony
for the purpose of preventing or dissuading the witness or victim
from attending or giving testimony at any trial for a violent felony
(para. (5), subd. (b), Sec. 186.22, Pen. C.).
(3) Willfully mingling any poison or harmful substance which may
cause death if ingested, or which causes the infliction of great
bodily injury on any person, with any food, drink, medicine, or
pharmaceutical product or willfully placing such poison or harmful
substance in any spring, well, reservoir, or public water supply
(subd. (a), Sec. 347, Pen. C.).
(4) Causing great bodily injury by willfully causing or permitting
any elder or dependent adult to suffer, or inflicting pain or mental
suffering upon, or endangering the health of, an elder or dependent
adult when the victim is under 70 years of age (subpara. (A), para.
(2), subd. (b), Sec. 368, Pen. C.).
(5) Maliciously driving or placing, in any tree, saw-log,
shingle-bolt, or other wood, any iron, steel, ceramic, or other
substance sufficiently hard to injure saws and
causing bodily injury to another person
other than an accomplice (subd. (b), Sec. 593a, Pen. C.).
(6) Prior prison term for violent felony with current violent
felony conviction (subd. (a), Sec. 667.5, Pen. C.).
(7) Commission of any specified felony sex offense by a primary
care provider in a day care facility against a minor entrusted to his
or her care while voluntarily acting in concert with another (subd.
(b), Sec. 674, Pen. C.).
(8) Commission or attempted commission of a felony while armed
with an assault weapon or a machinegun (para. (2), subd. (a), Sec.
12022, Pen. C.).
(9) Taking, damaging, or destroying any property in the commission
or attempted commission of a felony with the intent to cause that
taking, damage, or destruction when the loss exceeds one million
dollars ($1,000,000) (para. (3), subd. (a), Sec. 12022.6, Pen. C.).
(10) Personally inflicting great bodily injury on any person other
than an accomplice in the commission or attempted commission of a
felony (subd. (a), Sec. 12022.7, Pen. C.).
(11) Administering by injection, inhalation, ingestion, or any
other means, any specified controlled substance against the victim's
will by means of force, violence, or fear of immediate and unlawful
bodily injury to the victim or another person for the purpose of
committing a felony (Sec. 12022.75, Pen. C.).
(12) Commission of any specified sex offense with knowledge that
the defendant has acquired immune deficiency syndrome (AIDS) or with
the knowledge that he or she carries antibodies of the human
immunodeficiency virus at the time of the commission of the offense
(Sec. 12022.85, Pen. C.).
(13) Inducing another person to commit a drug offense as part of
the drug transaction for which the defendant is convicted when the
value of the controlled substance involved exceeds five million
dollars ($5,000,000) (para. (3), subd. (a), Sec. 11356.5, H.& S.C.).
(14) Prior conviction of any specified drug offense with current
conviction of any specified drug offense (subds. (a), (b), and (c),
Sec. 11370.2, H.& S.C.).
(15) Commission of any specified drug offense involving a
substance containing heroin, cocaine base, cocaine, methamphetamine,
amphetamine, or phencyclidine (PCP), when the substance exceeds one
kilogram or 30 liters (para. (1), subd. (a), and para. (1), subd.
(b), Sec. 11370.4, H.& S.C.).
(16) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing any substance containing amphetamine,
methamphetamine, or phencyclidine (PCP) or its analogs or precursors,
or attempting to commit any of those acts, when the substance
exceeds three gallons or one pound (para. (1), subd. (a), Sec.
11379.8, H.& S.C.).
(17) Four or more prior convictions of specified alcohol-related
vehicle offenses with current conviction of driving under the
influence and causing great bodily injury (subd. (c), Sec. 23190,
Veh. C.).
(18) Fraudulently appropriating food stamps, electronically
transferred benefits, or authorizations to participate in the federal
Food Stamp Program entrusted to a public employee, or knowingly
using, transferring, selling, purchasing, or possessing, any of the
same in an unauthorized manner, when the offense is committed by
means of an electronic transfer of benefits in an amount exceeding
one million dollars ($1,000,000), but less than two million five
hundred thousand dollars ($2,500,000) (subpara. (C), para. (1), subd.
(h), Sec. 10980, W.& I.C.).
(h) The provisions listed in this subdivision imposing a sentence
enhancement of three, four, or five years' imprisonment in the state
prison may be referenced as Schedule H.
(1) Commission of felony arson with prior conviction of arson or
unlawfully starting a fire, or causing great bodily injury to a
firefighter, peace officer, other emergency personnel, or multiple
victims, or causing the burning of multiple structures, or using an
accelerator or ignition delay device (subd. (a), Sec. 451.1, Pen.
C.).
(2) Commission or attempted commission of any specified drug
offense while personally armed with a firearm (subd. (c), Sec. 12022,
Pen. C.).
(3) Personally inflicting great bodily injury under circumstances
involving domestic violence in the commission or attempted commission
of a felony (subd. (d), Sec. 12022.7, Pen. C.).
(4) Commission of any specified drug offense involving cocaine
base, heroin, or methamphetamine, or a conspiracy to commit any of
those offenses, upon the grounds of, or within 1,000 feet of, a
school during school hours or when minors are using the facility
(subd. (b), Sec. 11353.6, H.& S.C.).
(5) Commission of any specified drug offense involving cocaine
base, heroin, or methamphetamine, or a conspiracy to violate any of
those offenses, involving a minor who is at least four years younger
than the defendant (subd. (c), Sec. 11353.6, H.& S.C.).
(i) The provisions listed in this subdivision imposing a sentence
enhancement of 3, 4, or 10 years' imprisonment in the state prison
may be referenced as Schedule I.
(1) Commission or attempted commission of any felony while armed
with a firearm and in the immediate possession of ammunition for the
firearm designed primarily to penetrate metal or armor (subd. (a),
Sec. 12022.2, Pen. C.).
(2) Commission or attempted commission of any specified sex
offense while using a firearm or deadly weapon (subd. (a), Sec.
12022.3, Pen. C.).
(3) Commission or attempted commission of a felony while
personally using a firearm (para. (1), subd. (a), Sec. 12022.5, Pen.
C.).
(4) Commission or attempted commission of any specified drug
offense while personally using a firearm (subd. (c), Sec. 12022.5,
Pen. C.).
(j) The provisions listed in this subdivision imposing a sentence
enhancement of four years' imprisonment in the state prison may be
referenced as Schedule J.
(1) Money laundering when the value of transactions exceeds two
million five hundred thousand dollars ($2,500,000) (subpara. (D),
para. (1), subd. (c), Sec. 186.10, Pen. C.).
(2) Prior conviction of willfully inflicting upon a child any
cruel or inhuman corporal punishment or injury resulting in a
traumatic condition with current conviction of that offense (subd.
(b), Sec. 273d, Pen. C.).
(3) Taking, damaging, or destroying any property in the commission
or attempted commission of a felony with the intent to cause that
taking, damage, or destruction when the loss exceeds two million five
hundred thousand dollars ($2,500,000) (para. (4), subd. (a), Sec.
12022.6, Pen. C.).
(4) Personally, willfully, and maliciously discharging a firearm
from a motor vehicle at another person other than an occupant of a
motor vehicle and causing a victim to suffer paralysis or paraparesis
of a major body part (para. (1), subd. (b), Sec. 12022.9, Pen. C.).
(5) Personally, willfully, and maliciously discharging a firearm
from a motor vehicle at another occupied motor vehicle and causing a
victim to suffer paralysis or paraparesis of a major body part (para.
(2), subd. (b), Sec. 12022.9, Pen. C.).
(6) Willfully causing or permitting any child to suffer, or
inflicting on the child unjustifiable physical pain or injury that
results in death under circumstances or conditions likely to produce
great bodily harm or death, or, having the care or custody of any
child, willfully causing or permitting that child to be injured or
harmed under circumstances likely to produce great bodily harm or
death, when that injury or harm results in death (Sec. 12022.95,
Pen. C.).
(7) Fraudulently appropriating food stamps, electronically
transferred benefits, or authorizations to participate in the federal
Food Stamp Program entrusted to a public employee, or knowingly
using, transferring, selling, purchasing, or possessing, any of the
same in an unauthorized manner, when the offense is committed by
means of an electronic transfer of benefits in an amount exceeding
two million five hundred thousand dollars ($2,500,000) (subpara. (D),
para. (1), subd. (h), Sec. 10980, W.& I.C.).
(k) The provisions listed in this subdivision imposing a sentence
enhancement of 4, 5, or 10 years' imprisonment in the state prison
may be referenced as Schedule K.
(1) Commission or attempted commission of a felony while
personally using a firearm with prior conviction of carjacking or
attempted carjacking (para. (2), subd. (a), Sec. 12022.5, Pen. C.).
(l) The provisions listed in this subdivision imposing a sentence
enhancement of five years' imprisonment in the state prison may be
referenced as Schedule L.
(1) Using sex offender registration information to commit a felony
(subd. (q), Sec. 290, and para. (1), subd. (b), Sec. 290.4, Pen.
C.).
(2) Causing great bodily injury by willfully causing or permitting
any elder or dependent adult to suffer, or inflicting pain or mental
suffering upon, or endangering the health of, an elder or dependent
adult when the victim is 70 years of age or older (subpara. (B),
para. (2), subd. (b), Sec. 368, Pen. C.).
(3) Causing death by willfully causing or permitting any elder or
dependent adult to suffer, or inflicting pain or mental suffering
upon, or endangering the health of, an elder or dependent adult when
the victim is under 70 years of age (subpara. (A), para. (3), subd.
(b), Sec. 368, Pen. C.).
(4) Two prior felony convictions of knowingly causing or
participating in a vehicular collision or accident for the purpose of
presenting any false or fraudulent claim with current conviction of
the same (subd. (f), Sec. 550, Pen. C.).
(5) Prior conviction of a serious felony with current conviction
of a serious felony (para. (1), subd. (a), Sec. 667, Pen. C.).
(6) Prior conviction of any specified sex offense with current
conviction of lewd and lascivious acts with a child under 14 years of
age (subd. (a), Sec. 667.51, Pen. C.).
(7) Prior conviction of any specified sex offense with current
conviction of any of those sex offenses (subd. (a), Sec. 667.6, Pen.
C.).
(8) Kidnapping or carrying away any child under 14 years of age
with the intent to permanently deprive the parent or legal guardian
custody of that child (Sec. 667.85, Pen. C.).
(9) Personally inflicting great bodily injury on any person other
than an accomplice in the commission or attempted commission of a
felony that causes the victim to become comatose due to a brain
injury or to suffer paralysis of a permanent nature (subd. (b), Sec.
12022.7, Pen. C.).
(10) Personally inflicting great bodily injury on another person
who is 70 years of age or older other than an accomplice in the
commission or attempted commission of a felony (subd. (c), Sec.
12022.7, Pen. C.).
(11) Inflicting great bodily injury on any victim in the
commission or attempted commission of any specified sex offense (Sec.
12022.8, Pen. C.).
(12) Personally and intentionally inflicting injury upon a
pregnant woman during the commission or attempted commission of a
felony that results in the termination of the pregnancy when the
defendant knew or reasonably should have known that the victim was
pregnant (subd. (a), Sec. 12022.9, Pen. C.).
(13) Using information disclosed to the licensee of a community
care facility by a prospective client regarding his or her status as
a sex offender to commit a felony (subd. (c), Sec. 1522.01, H.&
S.C.).
(14) Commission of any specified drug offense involving a
substance containing heroin, cocaine base, cocaine, methamphetamine,
amphetamine, or phencyclidine (PCP), when the substance exceeds 4
kilograms or 100 liters (para. (2), subd. (a), and para. (2), subd.
(b), Sec. 11370.4, H.& S.C.).
(15) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing methamphetamine or phencyclidine (PCP), or
attempting to commit any of those acts, or possessing specified
combinations of substances with the intent to manufacture either
methamphetamine or phencyclidine (PCP), when the commission of the
crime causes any child under 16 years of age to suffer great bodily
injury (subd. (b), Sec. 11379.7, H.& S.C.).
(16) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing any substance containing amphetamine,
methamphetamine, or phencyclidine (PCP) or its analogs or precursors,
or attempting to commit any of those acts, when the substance
exceeds 10 gallons or three pounds (para. (2), subd. (a), Sec.
11379.8, H.& S.C.).
(17) Fleeing the scene of the crime after commission of vehicular
manslaughter (subd. (c), Sec. 20001, Veh. C.).
(m) The provisions listed in this subdivision imposing a sentence
enhancement of 5, 6, or 10 years' imprisonment in the state prison
may be referenced as Schedule M.
(1) Discharging a firearm at an occupied motor vehicle in the
commission or attempted commission of a felony which caused great
bodily injury or death to another person (para. (1), subd. (b), Sec.
12022.5, Pen. C.).
(2) Commission or attempted commission of a felony while
personally using an assault weapon or a machinegun (para. (2), subd.
(b), Sec. 12022.5, Pen. C.).
(3) Discharging a firearm from a motor vehicle in the commission
or attempted commission of a felony with the intent to inflict great
bodily injury or death and causing great bodily injury or death (Sec.
12022.55, Pen. C.).
(n) The provisions listed in this subdivision imposing a sentence
enhancement of seven years' imprisonment in the state prison may be
referenced as Schedule N.
(1) Causing death by willfully causing or permitting any elder or
dependent adult to suffer, or inflicting pain or mental suffering
upon, or endangering the health of, an elder or dependent adult when
the victim is 70 years of age or older (subpara. (B), para. (3),
subd. (b), Sec. 368, Pen. C.).
(o) The provisions listed in this subdivision imposing a sentence
enhancement of nine years' imprisonment in the state prison may be
referenced as Schedule O.
(1) Kidnapping victim for purpose of committing any specified
felony sex offense (subd. (a), Sec. 667.8, Pen. C.).
(p) The provisions listed in this subdivision imposing a sentence
enhancement of 10 years' imprisonment in the state prison may be
referenced as Schedule P.
(1) Two or more prior prison terms for any specified sex offense
with current conviction of any of those sex offenses (subd. (b), Sec.
667.6, Pen. C.).
(2) Commission or attempted commission of any specified felony
offense while personally using a firearm (subd. (b), Sec. 12022.53,
Pen. C.).
(3) Commission of any specified drug offense involving a substance
containing heroin, cocaine base, cocaine, methamphetamine,
amphetamine, or phencyclidine (PCP), when the substance exceeds 10
kilograms or 200 liters (para. (3), subd. (a), and para. (3), subd.
(b), Sec. 11370.4, H.& S.C.).
(4) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing any substance containing amphetamine,
methamphetamine, or phencyclidine (PCP) or its analogs or precursors,
or attempting to commit any of those acts, when the substance
exceeds 25 gallons or 10 pounds (para. (3), subd. (a), Sec. 11379.8,
H.& S.C.).
(q) The provisions listed in this subdivision imposing a sentence
enhancement of 15 years' imprisonment in the state prison may be
referenced as Schedule Q.
(1) Kidnapping victim under 14 years of age for purpose of
committing any specified felony sex offense (subd. (b), Sec. 667.8,
Pen. C.).
(2) Commission of any specified drug offense involving a substance
containing heroin, cocaine base, cocaine, methamphetamine,
amphetamine, or phencyclidine (PCP), when the substance exceeds 20
kilograms or 400 liters (para. (4), subd. (a), and para. (4), subd.
(b), Sec. 11370.4, H.& S.C.).
(3) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing any substance containing amphetamine,
methamphetamine, or phencyclidine (PCP) or its analogs or precursors,
or attempting to commit any of those acts, when the substance
exceeds 105 gallons or 44 pounds (para. (4), subd. (a), Sec. 11379.8,
H.& S.C.).
(r) The provisions listed in this subdivision imposing a sentence
enhancement of 20 years' imprisonment in the state prison may be
referenced as Schedule R.
(1) Intentionally and personally discharging a firearm in the
commission or attempted commission of any specified felony offense
(subd. (c), Sec. 12022.53, Pen. C.).
(2) Commission of any specified drug offense involving a substance
containing heroin, cocaine base, or cocaine, when the substance
exceeds 40 kilograms (para. (5), subd. (a), Sec. 11370.4, H.& S.C.).
(s) The provisions listed in this subdivision imposing a sentence
enhancement of 25 years' imprisonment in the state prison may be
referenced as Schedule S.
(1) Commission of any specified drug offense involving a substance
containing heroin, cocaine base, or cocaine, when the substance
exceeds 80 kilograms (para. (6), subd. (a), Sec. 11370.4, H.& S.C.).
(t) The provisions listed in this subdivision imposing a sentence
enhancement of 25 years to life imprisonment in the state prison may
be referenced as Schedule T.
(1) Intentionally and personally discharging a firearm in the
commission or attempted commission of any specified felony offense
and proximately causing great bodily injury to any person other than
an accomplice (subd. (d), Sec. 12022.53, Pen. C.).
SEC. 2. Section 667.84 is added to the Penal Code, to read:
667.84. Any person convicted of a violent felony, as defined in
subdivision (c) of Section 667.5, that is committed in the immediate
presence of, or is witnessed by, any child under the age of 16 years
shall be punished by an additional term of one, two, or three years.
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.