SENATE BILL No. 14
Introduced by Senators Grove, Caballero, and Rubio
(Coauthors: Senators Dahle, Glazer, Jones, Newman, Nguyen, Niello, Ochoa Bogh, Seyarto, and Wilk)
December 5, 2022
An act to amend Sections 667.1, 667.5, 1170.125, and 1192.7 of the Penal Code, relating to felonies.
legislative counsel’s digest
SB 14, as introduced, Grove. Violent felonies: serious felonies: human trafficking.
Existing law defines the terms “serious felony” and “violent felony” for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the Three Strikes Law.
This bill would include human trafficking within the definition of a violent felony and the definition of a serious felon y for all purposes, including for purposes of the Three Strik es Law. By e xpanding the scope of an enhancement, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimb urse 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. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
99 The people of the State of California do enact as follows:
line 1 SECTION 1. Section 667.1 of the Penal Code is amended to line 2 read:
line 3 667.1. (a) Notwithstanding subdi vision (h) of Section 667, line 4 for all offenses committed on or after November 7, 2012, but before line 5 January 1, 2024, all references to existing statutes in subdivisions line 6 (c) to (g), inclusi ve, of Section 667, are to those statutes as the y line 7 existed read on November 7, 2012.
line 8 (b) Notwithstanding subdivision (h) of Section 667, for all line 9 offenses committed on or after January 1, 2024, all references to line 10 existing statutes in subdivisions (c) to (g), inclusive , of Section line 11 667, are to those statutes as they read on January 1, 2024. line 12 SEC. 2. Section 667.5 of the Penal Code is amended to read:
line 13 667.5. Enhancement of prison terms for new offenses because line 14 of prior prison terms shall be imposed as follows:
line 15 (a) If one of the ne w offenses is one of the violent felonies line 16 specified in subdivision (c), in addition to and consecutive to any line 17 other prison terms therefor , the court shall impose a three-year line 18 term for each prior separate prison term serv ed by the defendant line 19 when the prior of fense was one of the violent felonies specified line 20 in subdi vision (c). Ho wever, an additional term shall not be line 21 imposed under this subdivision for any a prison term served prior line 22 to a period of 10 years in which the defendant remained free of line 23 both prison custody and the commission of an offense that results line 24 in a felony conviction.
line 25 (b) Except when subdivision (a) applies, if the ne w offense is line 26 any a felon y for which a prison sentence or a sentence of line 27 imprisonment in a county jail under subdi vision (h) of Section line 28 1170 is imposed or is not suspended, in addition and consecutive line 29 to any other sentence therefor, the court shall impose a one-year line 30 term for each prior separate prison term for a se xually violent line 31 offense as defined in subdivision (b) of Section 6600 of the Welfare line 32 and Institutions Code, pro vided that an additional term shall not line 33 be imposed under this subdi vision for any a prison term serv ed line 34 prior to a period of fiv e years in which the defendant remained line 35 free of both the commission of an offense that results in a felony line 36 conviction, and prison custody or the imposition of a term of jail line 37 custody imposed under subdi vision (h) of Section 1170 or an y line 38 felony sentence that is not suspended.
99 — 2 — SB 14
line 1 (c) The Le gislature finds and declares that the follo wing line 2 specified crimes merit special consideration when imposing a line 3 sentence to display society’s condemnation for these extraordinary line 4 crimes of violence ag ainst the person. F or the purpose of this line 5 section, “violent felony” means any of the following:
line 6 (1) Murder or voluntary manslaughter.
line 7 (2) Mayhem.
line 8 (3) Rape as defined in paragraph (2) or (6) of subdi vision (a) line 9 of Section 261 or paragraph (1) or (4) of subdivision (a) of former line 10 Section 262.
line 11 (4) Sodomy as defined in subdivision (c) or (d) of Section 286. line 12 (5) Oral copulation as defined in subdivision (c) or (d) of Section line 13 287 or of former Section 288a.
line 14 (6) Lewd or lascivious act as defined in subdi vision (a) or (b) line 15 of Section 288.
line 16 (7) Any felony punishable by death or imprisonment in the state line 17 prison for life.
line 18 (8) Any felony in which the defendant inflicts great bodily injury line 19 on a person other than an accomplice, which has been charged and line 20 proved as provided for in Section 12022.7, 12022.8, or 12022.9 line 21 on or after July 1, 1977, or as specified prior to July 1, 1977, in line 22 Sections 213, 264, and 461, or any felony in which the defendant line 23 uses a firearm which use has been charged and proved as provided line 24 in subdi vision (a) of Section 12022.3, or Section 12022.5 or line 25 12022.55.
line 26 (9) Any robbery.
line 27 (9) Robbery.
line 28 (10) Arson, in violation of subdivision (a) or (b) of Section 451. line 29 (11) Sexual penetration as defined in subdi vision (a) or (j) of line 30 Section 289.
line 31 (12) Attempted murder.
line 32 (13) A violation of Section 18745, 18750, or 18755. line 33 (14) Kidnapping.
line 34 (15) Assault with the intent to commit a specified felon y, in line 35 violation of Section 220.
line 36 (16) Continuous sexual abuse of a child, in violation of Section line 37 288.5.
line 38 (17) Carjacking, as defined in subdivision (a) of Section 215. line 39 (18) Rape or se xual penetration, in concert, in violation of line 40 Section 264.1.
99 SB 14 — 3 —
line 1 (19) Extortion, as defined in Section 518, which that w ould line 2 constitute a felony violation of Section 186.22. line 3 (20) Threats to victims or witnesses, as defined in Section 136.1, line 4 which that would constitute a felony violation of Section 186.22. line 5 (21) Any burglary Burglary of the first de gree, as defined in line 6 subdivision (a) of Section 460, wherein it is char ged and proved line 7 that another person, other than an accomplice, was present in the line 8 residence during the commission of the burglary. line 9 (22) Any violation of Section 12022.53.
line 10 (23) A violation of subdivision (b) or (c) of Section 11418. line 11 (24) Human trafficking, in violation of Section 236.1. line 12 (d) For the purposes of this section, the defendant shall be line 13 deemed to remain in prison custody for an offense until the official line 14 discharge from custody , including an y period of mandatory line 15 supervision, or until release on parole or postrelease community line 16 supervision, whiche ver first occurs, including an y time during line 17 which the defendant remains subject to reimprisonment or custody line 18 in county jail for escape from custody or is reimprisoned on line 19 revocation of parole or postrelease community supervision. The line 20 additional penalties pro vided for prior prison terms shall not be line 21 imposed unless they are charged and admitted or found true in the line 22 action for the new offense.
line 23 (e) The additional penalties provided for prior prison terms shall line 24 not be imposed for an y felony for which the defendant did not line 25 serve a prior separate term in state prison or in county jail under line 26 subdivision (h) of Section 1170.
line 27 (f) A prior conviction of a felony shall include a conviction in line 28 another jurisdiction for an of fense which, that, if committed in line 29 California, is punishable by imprisonment in the state prison or in line 30 county jail under subdivision (h) of Section 1170 if the defendant line 31 served one year or more in prison for the of fense in the other line 32 jurisdiction. A prior conviction of a particular felony shall include line 33 a conviction in another jurisdiction for an offense that includes all line 34 of the elements of the particular felony as defined under California line 35 law if the defendant serv ed one year or more in prison for the line 36 offense in the other jurisdiction.
line 37 (g) A prior separate prison term for the purposes of this section line 38 shall mean a continuous completed period of prison incarceration line 39 imposed for the particular of fense alone or in combination with line 40 concurrent or consecuti ve sentences for other crimes, including 99 — 4 — SB 14
line 1 any reimprisonment on re vocation of parole that is not line 2 accompanied by a new commitment to prison, and including any line 3 reimprisonment after an escape from incarceration. line 4 (h) Serving a prison term includes any a confinement time in line 5 any state prison or federal penal institution as punishment for line 6 commission of an offense, including confinement in a hospital or line 7 other institution or facility credited as service of prison time in the line 8 jurisdiction of the confinement.
line 9 (i) For the purposes of this section, a commitment to the State line 10 Department of Mental Health, or its successor the State Department line 11 of State Hospitals, as a mentally disordered sex offender following line 12 a conviction of a felony, which commitment exceeds one year in line 13 duration, shall be deemed a prior prison term.
line 14 (j) For the purposes of this section, when a person subject to line 15 the custody , control, and discipline of the Secretary of the line 16 Department of Corrections and Rehabilitation is incarcerated at a line 17 facility operated by the Di vision of Juv enile Justice, that line 18 incarceration shall be deemed to be a term served in state prison. line 19 (k) (1) Notwithstanding subdivisions (d) and (g) or an y other line 20 law, when one of the ne w of fenses is committed while the line 21 defendant is temporarily removed from prison pursuant to Section line 22 2690 or while the defendant is transferred to a community facility line 23 pursuant to Section 3416, 6253, or 6263, or while the defendant line 24 is on furlough pursuant to Section 6254, the defendant shall be line 25 subject to the full enhancements provided for in this section. line 26 (2) This subdivision does not apply when a full, separate, and line 27 consecutive term is imposed pursuant to any other law. line 28 SEC. 3. Section 1170.125 of the Penal Code is amended to line 29 read:
line 30 1170.125. (a) Notwithstanding Section 2 of Proposition 184, line 31 as adopted at the November 8, 1994, General Election, statewide line 32 general election, for all offenses committed on or after November line 33 7, 2012, but before January 1, 2024, all references to e xisting line 34 statutes in Sections 1170.12 and 1170.126 are to those sections as line 35 they existed read on November 7, 2012.
line 36 (b) Notwithstanding Section 2 of Pr oposition 184, as adopted line 37 at the No vember 8, 1994, state wide g eneral election, for all line 38 offenses committed on or after January 1, 2024, all references to line 39 existing statutes in Sections 1170.12 and 1170.126 ar e to those line 40 sections as they read on January 1, 2024.
99 SB 14 — 5 —
line 1 SEC. 4. Section 1192.7 of the Penal Code is amended to read:
line 2 1192.7. (a) (1) It is the intent of the Le gislature that district line 3 attorneys prosecute violent sex crimes under statutes that provide line 4 sentencing under a “one strik e,” “three strik es” or habitual se x line 5 offender statute instead of engaging in plea bargaining over those line 6 offenses.
line 7 (2) Plea bar gaining in an y case in which the indictment or line 8 information charges any serious felony, any felony in which it is line 9 alleged that a firearm w as personally used by the defendant, or line 10 any offense of driving while under the influence of alcohol, drugs, line 11 narcotics, or any other intoxicating substance, or any combination line 12 thereof, is prohibited, unless there is insufficient evidence to prove line 13 the people’s case, or testimon y of a material witness cannot be line 14 obtained, or a reduction or dismissal w ould not result in a line 15 substantial change in sentence.
line 16 (3) If the indictment or information charges the defendant with line 17 a violent sex crime, as listed in subdivision (c) of Section 667.61, line 18 that could be prosecuted under Sections 269, 288.7, subdivisions line 19 (b) through (i) of Section 667, Section 667.61, or 667.71, plea line 20 bargaining is prohibited unless there is insufficient e vidence to line 21 prove the people’s case, or testimony of a material witness cannot line 22 be obtained, or a reduction or dismissal w ould not result in a line 23 substantial change in sentence. At the time of presenting the line 24 agreement to the court, the district attorney shall state on the record line 25 why a sentence under one of those sections was not sought. line 26 (b) As used in this section “plea bar gaining” means an y line 27 bargaining, ne gotiation, or discussion between a criminal line 28 defendant, or his or her their counsel, and a prosecuting attorney line 29 or judge, whereby the defendant agrees to plead guilty or nolo line 30 contendere, in e xchange for an y promises, commitments, line 31 concessions, assurances, or consideration by the prosecuting line 32 attorney or judge relating to an y charge against the defendant or line 33 to the sentencing of the defendant.
line 34 (c) As used in this section, “serious felon y” means any of the line 35 following:
line 36 (1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; line 37 (4) sodomy by force, violence, duress, menace, threat of great line 38 bodily injury, or fear of immediate and unlawful bodily injury on line 39 the victim or another person; (5) oral copulation by force, violence, line 40 duress, menace, threat of great bodily injury, or fear of immediate 99 — 6 — SB 14
line 1 and unlawful bodily injury on the victim or another person; (6) line 2 lewd or lascivious act on a child under 14 years of age; (7) an y line 3 felony punishable by death or imprisonment in the state prison for line 4 life; (8) any felony in which the defendant personally inflicts great line 5 bodily injury on an y person, other than an accomplice, or an y line 6 felony in which the defendant personally uses a firearm; (9) line 7 attempted murder; (10) assault with intent to commit rape or line 8 robbery; (11) assault with a deadly weapon or instrument on a line 9 peace officer; (12) assault by a life prisoner on a noninmate; (13) line 10 assault with a deadly weapon by an inmate; (14) arson; (15) line 11 exploding a destructi ve de vice or an y e xplosive with intent to line 12 injure; (16) exploding a destructive device or any explosive causing line 13 bodily injury, great bodily injury , or mayhem; (17) e xploding a line 14 destructive device or any explosive with intent to murder; (18) any line 15 burglary of the first de gree; (19) robbery or bank robbery; (20) line 16 kidnapping; (21) holding of a hostage by a person confined in a line 17 state prison; (22) attempt to commit a felony punishable by death line 18 or imprisonment in the state prison for life; (23) an y felony in line 19 which the defendant personally used a dangerous or deadly weapon; line 20 (24) selling, furnishing, administering, giving, or offering to sell, line 21 furnish, administer , or gi ve to a minor an y heroin, cocaine, line 22 phencyclidine (PCP), or an y methamphetamine-related drug, as line 23 described in paragraph (2) of subdivision (d) of Section 11055 of line 24 the Health and Safety Code, or an y of the precursors of line 25 methamphetamines, as described in subparagraph (A) of paragraph line 26 (1) of subdivision (f) of Section 11055 or subdivision (a) of Section line 27 11100 of the Health and Safety Code; (25) an y violation of line 28 subdivision (a) of Section 289 where the act is accomplished line 29 against the victim’ s will by force, violence, duress, menace, or line 30 fear of immediate and unla wful bodily injury on the victim or line 31 another person; (26) grand theft in volving a firearm; (27) line 32 carjacking; (28) any felony offense, which would also constitute line 33 a felony violation of Section 186.22; (29) assault with the intent line 34 to commit mayhem, rape, sodomy, or oral copulation, in violation line 35 of Section 220; (30) thro wing acid or flammable substances, in line 36 violation of Section 244; (31) assault with a deadly weapon, line 37 firearm, machinegun, assault weapon, or semiautomatic firearm line 38 or assault on a peace officer or firefighter, in violation of Section line 39 245; (32) assault with a deadly weapon ag ainst a public transit line 40 employee, custodial officer, or school emplo yee, in violation of 99 SB 14 — 7 —
line 1 Section 245.2, 245.3, or 245.5; (33) dischar ge of a firearm at an line 2 inhabited dwelling, vehicle, or aircraft, in violation of Section 246; line 3 (34) commission of rape or se xual penetration in concert with line 4 another person, in violation of Section 264.1; (35) continuous line 5 sexual abuse of a child, in violation of Section 288.5; (36) shooting line 6 from a v ehicle, in violation of subdi vision (c) or (d) of Section line 7 26100; (37) intimidation of victims or witnesses, in violation of line 8 Section 136.1; (38) criminal threats, in violation of Section 422; line 9 (39) any attempt to commit a crime listed in this subdivision other line 10 than an assault; (40) an y violation of Section 12022.53; (41) a line 11 violation of subdivision (b) or (c) of Section 11418; (42) human line 12 trafficking, in violation of Section 236.1; and (42) (43) an y line 13 conspiracy to commit an offense described in this subdivision. line 14 (d) As used in this section, “bank robbery” means to tak e or line 15 attempt to take, by force or violence, or by intimidation from the line 16 person or presence of another any property or money or any other line 17 thing of v alue belonging to, or in the care, custody , control, line 18 management, or possession of, an y bank, credit union, or an y line 19 savings and loan association.
line 20 As used in this subdi vision, the follo wing terms ha ve the line 21 following meanings:
line 22 (1) “Bank” means any member of the Federal Reserve System, line 23 and any bank, banking association, trust compan y, savings bank, line 24 or other banking institution organized or operating under the laws line 25 of the United States, and any bank the deposits of which are insured line 26 by the Federal Deposit Insurance Corporation.
line 27 (2) “Savings and loan association” means an y federal savings line 28 and loan association and an y “insured institution” as defined in line 29 Section 401 of the National Housing Act, as amended, and an y line 30 federal credit union as defined in Section 2 of the Federal Credit line 31 Union Act.
line 32 (3) “Credit union” means an y federal credit union and an y line 33 state-chartered credit union the accounts of which are insured by line 34 the Administrator of the National Credit Union administration. line 35 (e) The provisions of this section shall not be amended by the line 36 Legislature except by statute passed in each house by rollcall vote line 37 entered in the journal, tw o-thirds of the membership concurring, line 38 or by a statute that becomes effective only when approved by the line 39 electors.
99 — 8 — SB 14
line 1 SEC. 5. No reimbursement is required by this act pursuant to line 2 Section 6 of Article XIIIB of the California Constitution because line 3 the only costs that may be incurred by a local agenc y or school line 4 district will be incurred because this act creates a ne w crime or line 5 infraction, eliminates a crime or infraction, or changes the penalty line 6 for a crime or infraction, within the meaning of Section 17556 of line 7 the Government Code, or changes the definition of a crime within line 8 the meaning of Section 6 of Article XIII B of the California line 9 Constitution.
O
99 SB 14 — 9 —