AMENDED IN ASSEMBLY MARCH 22, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 367
Introduced by Assembly Member Maienschein
February 1, 2023
An act to amend amend, repeal, and add Section 12022.7 of the Penal Code, relating to controlled substances.
legislative counsel’s digest
AB 367, as amended, Maienschein. Controlled substances:
enhancements.
Existing law imposes an additional and consecutive 3- or 5-year term in the state prison on a person who personally inflicts great bodily injury on a person in the commission of a felony, as specified.
This bill bill, until January 1, 2029, would state that, for purposes of the this enhancement, a person inflicts great bodily injury when the y sell, furnish, administer, or give away a controlled substance fentanyl or an analo g of fentanyl and the person to whom the substance w as sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance. The bill would specify that this provision does not apply to juvenile of fenders. By expanding the scope of an e xisting crime, this bill w ould 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.
98 Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 12022.7 of the Penal Code is amended line 2 to read:
line 3 12022.7. (a) A person who personally inflicts great bodily line 4 injury on any a person other than an accomplice in the commission line 5 of a felony or attempted felony shall be punished by an additional line 6 and consecutive term of imprisonment in the state prison for three line 7 years.
line 8 (b) (1) A person who personally inflicts great bodily injury on line 9 any a person other than an accomplice in the commission of a line 10 felony or attempted felony which that causes the victim to become line 11 comatose due to brain injury or to suffer paralysis of a permanent line 12 nature shall be punished by an additional and consecutive term of line 13 imprisonment in the state prison for five years. As line 14 (2) As used in this subdi vision, “paralysis” means a major or line 15 complete loss of motor function resulting from injury to the nervous line 16 system or to a muscular mechanism.
line 17 (c) A person who personally inflicts great bodily injury on a line 18 person who is 70 years of age or older, other than an accomplice, line 19 in the commission of a felony or attempted felony shall be punished line 20 by an additional and consecutive term of imprisonment in the state line 21 prison for five years.
line 22 (d) A person who personally inflicts great bodily injury on a line 23 child under the age of five years in the commission of a felony or line 24 attempted felon y shall be punished by an additional and line 25 consecutive term of imprisonment in the state prison for four, five, line 26 or six years.
line 27 (e) (1) A person who personally inflicts great bodily injury line 28 under circumstances in volving domestic violence in the line 29 commission of a felony or attempted felony shall be punished by line 30 an additional and consecuti ve term of imprisonment in the state line 31 prison for three, four, or five years. As
line 32 (2) As used in this subdi vision, “domestic violence” has the line 33 meaning provided in subdivision (b) of Section 13700. line 34 (f) (1) As used in this section, “great bodily injury” means a line 35 significant or substantial physical injury.
98 — 2 — AB 367
line 1 (2) (A) As used in this section, a person who sells, furnishes, line 2 administers, or gives away a controlled substance fentanyl or an line 3 analog of fentanyl personally inflicts great bodily injury when the line 4 person to whom the substance was sold, furnished, administered, line 5 or given suffers a significant or substantial ph ysical injury from line 6 using the substance.
line 7 (B) This paragraph does not apply to juvenile offenders. line 8 (g) (1) This section shall does not apply to murder or line 9 manslaughter or a violation of Section 451 or 452. Subdivisions line 10 (2) Subdivisions (a), (b), (c), and (d) shall do not apply if line 11 infliction of great bodily injury is an element of the offense. line 12 (h) The court shall impose the additional terms of imprisonment line 13 under either subdivision (a), (b), (c), or (d), (d) but may not impose line 14 more than one of those terms for the same offense. line 15 (i) This section shall remain in effect only until January 1, 2029, line 16 and as of that date is repealed.
line 17 SEC. 2. Section 12022.7 is added to the Penal Code, to read:
line 18 12022.7. (a) A per son who per sonally inflicts gr eat bodily line 19 injury on a person other than an accomplice in the commission of line 20 a felony or attempted felony shall be punished by an additional line 21 and consecutive term of imprisonment in the state prison for three line 22 years.
line 23 (b) (1) A person who personally inflicts great bodily injury on line 24 a person other than an accomplice in the commission of a felony line 25 or attempted felony that causes the victim to become comatose due line 26 to brain injury or to suffer paralysis of a permanent nature shall line 27 be punished by an additional and consecutive term of imprisonment line 28 in the state prison for five years.
line 29 (2) As used in this subdivision, “par alysis” means a major or line 30 complete loss of motor function resulting from injury to the nervous line 31 system or to a muscular mechanism.
line 32 (c) A person who per sonally inflicts gr eat bodily injury on a line 33 person who is 70 years of age or older, other than an accomplice, line 34 in the commission of a felony or attempted felony shall be punished line 35 by an additional and consecutive term of imprisonment in the state line 36 prison for five years.
line 37 (d) A person who per sonally inflicts gr eat bodily injury on a line 38 child under the age of five years in the commission of a felony or line 39 attempted felony shall be punished by an additional and 98 AB 367 — 3 —
line 1 consecutive term of imprisonment in the state prison for four, five, line 2 or six years.
line 3 (e) (1) A per son who per sonally inflicts gr eat bodily injury line 4 under circumstances involving domestic violence in the commission line 5 of a felony or attempted felony shall be punished by an additional line 6 and consecutive term of imprisonment in the state prison for three, line 7 four, or five years.
line 8 (2) As used in this subdivision, “domestic violence” has the line 9 meaning provided in subdivision (b) of Section 13700. line 10 (f) As used in this section, “gr eat bodily injury” means a line 11 significant or substantial physical injury.
line 12 (g) (1) This section does not apply to murder or manslaughter line 13 or a violation of Section 451 or 452.
line 14 (2) Subdivisions (a), (b), (c), and (d) do not apply if infliction line 15 of great bodily injury is an element of the offense. line 16 (h) The court shall impose the additional terms of imprisonment line 17 under subdivision (a), (b), (c), or (d) b ut may not impose mor e line 18 than one of those terms for the same offense.
line 19 (i) This section shall become operative on January 1, 2029. line 20 SEC. 2.
line 21 SEC. 3. No reimbursement is required by this act pursuant to line 22 Section 6 of Article XIIIB of the California Constitution because line 23 the only costs that may be incurred by a local agenc y or school line 24 district will be incurred because this act creates a ne w crime or line 25 infraction, eliminates a crime or infraction, or changes the penalty line 26 for a crime or infraction, within the meaning of Section 17556 of line 27 the Government Code, or changes the definition of a crime within line 28 the meaning of Section 6 of Article XIII B of the California line 29 Constitution.
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98 — 4 — AB 367