Bill Text: CA SB185 | 2009-2010 | Regular Session | Amended
Bill Title: Punishment: enhancements.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB185 Detail]
Download: California-2009-SB185-Amended.html
BILL NUMBER: SB 185 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 20, 2009
INTRODUCED BY Senator Benoit
FEBRUARY 17, 2009
An act to amend Section 12022.1 of the Penal Code, relating to
punishment.
LEGISLATIVE COUNSEL'S DIGEST
SB 185, as amended, Benoit. Punishment: enhancements.
Existing law defines the felony offense for which a person has
been released on bail or his or her own recognizance, or for which
release on bail or his or her own recognizance has been revoked prior
to final judgment, as a "primary offense," and defines an offense
committed while so released as a "secondary offense." Under existing
law, any person arrested for a secondary offense which was alleged to
have been committed while that person was released from custody on a
primary offense is subject to a penalty enhancement of an additional
2 years in state prison, as specified.
This bill would redefine include within
the definition of "primary offense" as a
felony offense for which the person has been released from custody
, other than on bail or on his or her own recognizance,
prior to final judgment and completion of sentence for the
offense sentencing .
By expanding the application of this enhancing allegation, 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. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12022.1 of the Penal Code is amended to read:
12022.1. (a) For the purposes of this section only:
(1) "Primary offense" means a felony offense for which a person
has been released from custody on bail or on his or her own
recognizance prior to the judgment becoming final, including
the disposition of any appeal, and the person has not
completed his or her sentence for the offense or for
which release on bail or his or her own recognizance has been revoked
. In cases where the court has granted a stay of execution of
a county jail commitment or state prison commitment, "primary offense"
also means a felony offense for which a person is out of custody
during the period of time between the pronouncement of judgment and
the time the person actually surrenders into custody or is otherwise
returned to custody. "Primary offense" also means a felony
offense for which a person has been released from custody, other than
on bail or on his or her own recognizance, prior to sentencing.
(2) "Secondary offense" means a felony offense alleged to have
been committed while the person is released from custody for a
primary offense.
(b) Any person arrested for a secondary offense which was alleged
to have been committed while that person was released from custody on
a primary offense shall be subject to a penalty enhancement of an
additional two years in state prison which shall be served
consecutive to any other term imposed by the court.
(c) The enhancement allegation provided in subdivision (b) shall
be pleaded in the information or indictment which alleges the
secondary offense, or in the information or indictment of the primary
offense if a conviction has already occurred in the secondary
offense, and shall be proved as provided by law. The enhancement
allegation may be pleaded in a complaint but need not be proved at
the preliminary hearing or grand jury hearing.
(d) Whenever there is a conviction for the secondary offense and
the enhancement is proved, and the person is sentenced on the
secondary offense prior to the conviction of the primary offense, the
imposition of the enhancement shall be stayed pending imposition of
the sentence for the primary offense. The stay shall be lifted by the
court hearing the primary offense at the time of sentencing for that
offense and shall be recorded in the abstract of judgment. If the
person is acquitted of the primary offense the stay shall be
permanent.
(e) If the person is convicted of a felony for the primary
offense, is sentenced to state prison for the primary offense, and is
convicted of a felony for the secondary offense, any state prison
sentence for the secondary offense shall be consecutive to the
primary sentence.
(f) If the person is convicted of a felony for the primary
offense, is granted probation for the primary offense, and is
convicted of a felony for the secondary offense, any state prison
sentence for the secondary offense shall be enhanced as provided in
subdivision (b).
(g) If the primary offense conviction is reversed on appeal, the
enhancement shall be suspended pending retrial of that felony. Upon
retrial and reconviction, the enhancement shall be reimposed. If the
person is no longer in custody for the secondary offense upon
reconviction of the primary offense, the court may, at its
discretion, reimpose the enhancement and order him or her recommitted
to custody.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.
