Bill Text: CA SB22 | 2023-2024 | Regular Session | Amended
Bill Title: Crimes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-01-12 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD. [SB22 Detail]
Download: California-2023-SB22-Amended.html
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Amended
IN
Assembly
January 12, 2024 |
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Amended
IN
Senate
March 30, 2023 |
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Amended
IN
Senate
February 14, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 22
| Introduced by Senator Umberg |
December 05, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
SB 22, as amended, Umberg.
Courts: remote proceedings. Crimes.
(1) Existing law makes it a crime to possess for sale or purchase for purpose of sale, transport, or sell, various controlled substances, including, among others, fentanyl.
This bill would require a person who is convicted of, or who pleads guilty or no contest to, the above crimes as they relate to hard drugs, as defined, to receive a written advisory of the danger of distribution of controlled substances and that, if a person dies as a result of that action, the distributor can be charged with homicide or murder.
The California Constitution provides for the Right to Truth-in-Evidence, which
requires a 2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.
This bill would prohibit the fact that this warning was given from being used as evidence in the prosecution of a minor in juvenile court, thereby requiring a 2/3 vote.
(2) Existing law makes it a felony punishable by imprisonment in the state prison for 2, 3, or 4 years to unlawfully possess any amount of a substance containing cocaine base, cocaine, heroin, methamphetamine, or phencyclidine while armed with a loaded, operable firearm.
This bill would expand that crime to include when the substance possessed is fentanyl. By expanding the scope of a crime, this bill would impose a state-mandated local program.
(3) Existing law also imposes an additional term, and authorizes a trial court to impose a specified fine, upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing heroin, fentanyl, cocaine base, and cocaine, if the substance exceeds a specified weight.
This bill would make that term of imprisonment punishable in the state prison. The bill would additionally lower the weight requirements
of that crime with regard to fentanyl. By expanding the scope of a crime, this bill would impose a state-mandated local program.
(4) Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of money, labor, or property petty theft punishable as a misdemeanor whenever the value of the property taken does not exceed $950 and grand theft when the value exceeds $950. Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny if the value of the property taken does not exceed $950, to be punished as a misdemeanor.
Proposition 47 authorizes amendment of its
provisions by a 2/3 vote of the Members of each house of the Legislature so long as the amendments are consistent with and further the intent of the act.
This bill would amend Proposition 47 by authorizing the aggregation of the values of the property involved in one or more cases of shoplifting or theft into a single count or charge when the case involves one or more acts of theft or shoplifting, with the sum of the value of all property or merchandise being the value considered when determining the degree of theft.
(5) Existing law, added by Proposition 47, provides that a person with a prior conviction for specified sex offenses may be charged with a felony for shoplifting or for theft of property not exceeding $950 in value.
This bill would amend Proposition 47 by requiring a person convicted of petty theft or shoplifting, if the person has 2 or more prior convictions for specified theft-related offenses, to be punished as a misdemeanor or felony, as specified. The bill would require a court, upon arrest of a person under these provisions, to make an individualized determination of risk to public safety and likelihood to return to court prior to releasing the individual.
(6) Existing law authorizes a court to grant pretrial diversion to a defendant in specified cases, including when the defendant is suffering from a mental disorder, specified controlled substances crimes, and when the defendant was, or currently is, a member of the United States military.
This bill would
authorize prosecutors to create and offer a deferred entry of judgment program to defendants convicted of the possession, sale, or transport of hard drugs, as defined. The bill would make a participant in the program agree to complete a treatment program in lieu of a jail or prison sentence, and, upon the defendant’s successful completion of the program, the court would dismiss the charges against the defendant. The bill would, as part of the program, require the court to, with the consent of the defendant, order a drug addiction expert to conduct a substance abuse and mental health evaluation of the defendant, and to order a qualified individual to determine if the defendant is eligible to receive benefits from specified programs for the treatment ordered pursuant to these provisions. The bill would, if the defendant participates in the interview, prohibit the interview or evidence derived from the interview from being used as evidence, thereby requiring a
2/3 vote. By expanding the duties of county employees, this bill would impose a state-mandated local program.
(7) State law, repealed as of January 1, 2018, required a court to impose an additional term of imprisonment, as specified, on a person who takes, damages, or destroys property in the commission or attempted commission of a felony, as specified.
This bill would create sentencing enhancements for taking, damaging, or destroying property in the commission or attempted commission of a felony, as specified.
The bill would additionally make any person who acts in concert with 2 or more persons to take, attempt to take, damage, or destroy any property in the commission or attempted commission of a felony punishable by an additional and consecutive term of
imprisonment of one, 2, or 3 years. By creating a new enhancement, this bill would impose a state-mandated local program.
(8) Existing law makes a person who is armed with a firearm in the commission of specified drug-related offenses punishable by an additional consecutive term of imprisonment in the county jail for 3, 4, or 5 years.
This bill would make that term of imprisonment punishable in the state prison.
(9) Existing law makes a person who inflicts great bodily injury on another punishable by an additional term of imprisonment in the state prison, as specified, based on the circumstances and the victim of that great bodily injury.
This bill would make a person who sells, furnishes, administers, or gives away a controlled substance and who knew or should have known that the substance
included fentanyl or a fentanyl analog deemed to have personally inflicted great bodily injury when the person to whom the substance was sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance. By expanding the scope of a crime, this bill would impose a state-mandated local program.
(10) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide
that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(11) This bill would provide that the provisions of the bill that amend Proposition 47 would become effective only upon approval of the voters, and would provide for the submission of those provisions to the voters for approval at the next statewide general election.
(12) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes, until July 1, 2023, a party to appear remotely and a court to conduct conferences, hearings, proceedings, and trials in civil cases, in whole or in part, through the use of remote technology.
This bill would authorize, until January 1, 2026, a
party to appear remotely and a court to conduct conferences, hearings, proceedings, and trials in specific types of proceedings, including, among others, a juvenile court proceeding and an extension of a juvenile commitment, in whole or in part, through the use of remote technology. The bill would authorize the court to require a party or witness to appear in person at a conference, hearing, or proceeding, if any specified condition is present. The bill would require the court to have a process for a party, court reporter, court interpreter, or other court personnel to alert the judicial officer of technology or audibility issues. The bill would prohibit a court from requiring a party to appear remotely. The bill would allow self-represented parties to appear remotely only if they agree to do so. The bill would require the Judicial Council to adopt rules to implement these provisions, as specified. The bill would also require each superior court to report to the Judicial Council on or before October 1, 2023,
and annually thereafter, and would require the Judicial Council to report to the Legislature on or before December 31, 2023, and annually thereafter, to assess the impact of technology issues or problems affecting civil remote proceedings and purchases and leases of technology and equipment to facilitate civil remote conferences, hearings, or proceedings.
This bill would declare that it is to take effect immediately as an urgency statute.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11369 is added to the Health and Safety Code, to read:11369.
(a) This section shall be known, and may be cited, as Alexandra’s Law.(b) The court shall advise a person who is convicted of, or who pleads guilty or no contest to, a violation of Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, or 11379.6 involving a hard drug, of the following:
“You are hereby advised that it is extremely dangerous and deadly to human life to illicitly manufacture, distribute, sell, furnish, administer, or give away any drugs in any form, including real or counterfeit drugs or pills. You can kill someone by engaging in such conduct. All drugs and counterfeit pills are dangerous to human life. These substances alone, or
mixed, kill human beings in very small doses. If you illicitly manufacture, distribute, sell, furnish, administer, or give away any real or counterfeit drugs or pills, and that conduct results in the death of a human being, you could be charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal Code.”
(c) The advisory statement shall be provided to the defendant in writing, either on a plea form if used, as an addendum to a plea form, or at sentencing, and the fact that the advisory was given shall be specified on the record and recorded in the abstract of the conviction.
(d) This advisement may not be used as evidence in the prosecution of a minor in juvenile court.
(e) (1) Except as provided in
paragraph (2), as used in this section, “hard drug” means a substance listed in Section 11054 or 11055, including a substance containing fentanyl, heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section, “hard drug” does not include cannabis, cannabis products, peyote, lysergic acid diethylamide, or other psychedelic drugs such as mescaline and psilocybin, or any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision (d) of Section 11055.
SEC. 2.
Section 11370.1 of the Health and Safety Code is amended to read:11370.1.
(a) Notwithstanding Section 11350 or 11377 or any other provision of law, every person who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, a substance containing heroin, a substance containing methamphetamine, a substance containing fentanyl, a crystalline substance containing phencyclidine, a liquid substance containing phencyclidine, plant material containing phencyclidine, or a hand-rolled cigarette treated with phencyclidine while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years.As
(b) As used in this subdivision, “armed with” means having available for immediate offensive or defensive use.
(c) Any person who is convicted under this section shall be ineligible for diversion or deferred entry of judgment under Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2 of the Penal Code.
SEC. 3.
Section 11370.4 of the Health and Safety Code is amended to read:11370.4.
(a) (1) A person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin,(A) If the substance exceeds one kilogram by weight, the person shall receive
an additional term of three years.
(B) If the substance exceeds four kilograms by weight, the person shall receive an additional term of five years.
(C) If the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.
(D) If the substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.
(E) If the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 20 years.
(F) If the substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years.
(2) The conspiracy enhancements provided for
in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.
(b) (1) A person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional term in the state prison as follows:
(A) If the substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years.
(B) If the substance exceeds four kilograms by weight, or
100 liters by liquid volume, the person shall receive an additional term of five years.
(C) If the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years.
(D) If the substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years.
(2) In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.
(3) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.
(c) (1) A person convicted of a violation of, or of a conspiracy to violate, Section 11351 or 11352 with respect to a substance containing fentanyl shall receive an additional term in the state prison as follows:
(A) If the substance exceeds 28.35 grams by weight, the person shall receive an additional term of three years.
(B) If the substance exceeds 100 grams by weight, the person shall receive an additional term of five years.
(C) If the substance exceeds 500 grams by weight, the person shall receive an additional term of seven years.
(D) If the substance exceeds one kilogram by weight, the person shall receive an additional term of 10 years.
(E) If the substance exceeds four kilograms by weight, the person shall receive an additional term of 13 years.
(F) If the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 16 years.
(G) If the substance exceeds 20 kilograms by weight, the person shall receive an additional term of 19 years.
(H) If the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 22 years.
(I) If the substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years.
(2) The conspiracy enhancements provided for in this subdivision shall not be
imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.
(c)
(d) The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or
found to be true by the trier of fact.
(e) Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code, a defendant convicted of an underlying violation specified in this section who admits an enhancement pursuant to this section or for whom an enhancement pursuant to this section is found true, is punishable by imprisonment in the state prison and not pursuant to subdivision (h) of Section 1170 of the Penal Code.
(d)
(f) The additional terms provided in this section shall be in
addition to any other punishment provided by law.
(e)
(g) Notwithstanding any other law, the court may strike the additional punishment for the enhancements provided in this section if the court determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.
SEC. 4.
Section 490.3 is added to the Penal Code, to read:490.3.
Notwithstanding any other law, in a case involving one or more acts of theft or shoplifting, including, but not limited to, violations of Sections 459.5, 484, 488, and 490.2, the value of property or merchandise stolen may be aggregated into a single count or charge, with the sum of the value of all property or merchandise being the value considered in determining the degree of theft.SEC. 5.
Section 666.1 is added to the Penal Code, to read:666.1.
(a) (1) Notwithstanding any other law, a person who, having two or more convictions for any of the offenses listed in paragraph (2), and who is subsequently convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year, or pursuant to subdivision (h) of Section 1170. A second or subsequent conviction of this section is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.(2) This section applies to the following offenses:
(A) Petty theft, as described in Section 488.
(B) Grand theft, as
described in Section 487, 487h, and Chapter 5 of Title 13 (commencing with Section 484).
(C) Theft from an elder or dependent adult in violation of subdivision (e) of Section 368.
(D) The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code.
(E) Burglary, as described in Section 459.
(F) Carjacking, as described in Section 215.
(G) Robbery, as described in Section 211.
(H) Receiving stolen property, as described in Section 496.
(I) Shoplifting, as described in Section 459.5.
(J) Identity theft and mail theft, as described in Section 530.5.
(b) A person subject to charges under this section or actually charged with this section may be referred by a prosecuting attorney’s office or by a county probation department to a theft diversion or deferred entry of judgment program pursuant to Section 1001.81. Any person admitted to a program pursuant to this subdivision shall be required to submit to drug testing and, if positive, shall then may also be referred to a substance abuse treatment program.
(c) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.
(d) This section shall not be construed to preclude prosecution or punishment
pursuant to any other law.
SEC. 6.
Chapter 2.93 (commencing with Section 1001.89) is added to Title 6 of Part 2 of the Penal Code, to read:CHAPTER 2.93. Drug Treatment Deferred Entry of Judgment
1001.89.
(a) A prosecutor may create and offer a drug treatment deferred entry of judgment program pursuant to this section. The program shall be limited to defendants charged with a violation of Section 11350, 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code involving a hard drug.(b) (1) (A) In lieu of a jail or prison sentence, or a grant of probation with jail as a condition of probation, a defendant charged with a violation described in subdivision (a) may elect treatment by pleading guilty or no contest to the charges, waiving time for sentencing and the pronouncement of judgment, and agreeing to participate in and complete a detailed treatment program
developed by a drug addiction expert and approved by the court. A defendant’s plea of guilty or no contest shall not constitute a conviction for any purpose unless judgment is entered pursuant to paragraph (4) for a violation of this section.
(B) Upon or subsequent to arraignment for a violation described in subdivision (a), and at the request or with the consent of the defendant or their attorney, the court shall order a drug addiction expert to conduct a substance abuse and mental health evaluation of the defendant. The expert shall submit a report of the evaluation to the court and parties. The evaluation may be based on an interview of the defendant or other individuals with relevant knowledge and review of records the expert deems appropriate, such as medical records, criminal history, prior treatment history, and records pertaining to the current offense. If the defendant participates in the interview, neither the defendant’s interview
nor evidence derived from the interview may be used against the defendant at any subsequent trial except for the purposes of impeachment should the defendant testify inconsistently. The evaluation shall detail the defendant’s drug abuse or mental health issues, if any, so the court and parties may better determine appropriate handling of the defendant’s case.
(C) Concurrent with the order for a substance abuse and mental health evaluation of the defendant, and with the defendant’s consent, the court shall also order that a qualified individual determine whether the defendant is eligible to receive Medi-Cal, Medicare, or any other relevant benefits for any programs or evaluations under this section. If the defendant did not previously consent to an eligibility determination at arraignment, the court shall order the eligibility determination upon, and as a condition of, the defendant’s agreement to participate in and complete a treatment program
as described in this section.
(2) (A) A treatment program may include, but is not limited to, drug treatment, mental health treatment, job training, and any other conditions related to treatment or a successful outcome for the defendant that the court finds appropriate. The court shall hold regular hearings to review the progress of the defendant. The court shall make referrals to programs that provide services at no cost to the participant and have been deemed by the court, the drug addiction expert, and the parties to be credible and effective. A defendant may also choose to pay for a program that is approved by the court.
(B) If available and applicable, referrals to programs and services may include the use of contingency management services with incentive structures, including, but not limited to, scaling rewards for continued evidence of specified
behaviors or adherence to treatment goals, or rewards to participants for specified behaviors, such as negative urinalysis.
(3) Upon the defendant’s successful completion of the treatment program described in this subdivision, the positive recommendation of the treatment program, and the motion of the defendant, prosecuting attorney, the court, or the probation department, the court shall dismiss the charge against the defendant and Section 1000.4, as it read on the effective date of this section, shall apply, including the provision that the arrest upon which the defendant was deferred shall be deemed to have never occurred. A dismissal based on the successful completion of treatment shall not count as a conviction for any purpose.
(4) (A) If at any time it appears that the defendant is performing unsatisfactorily in the program, is not benefiting from
treatment, is not amenable to treatment, has refused treatment, or has been convicted of a crime that was committed since starting treatment, the prosecuting attorney, the court on its own, or the probation department shall make a motion for entry of judgment and sentencing.
(B) After notice to the defendant, the court shall hold a hearing to determine whether judgment should be entered and the defendant sentenced. Except as specified in subparagraph (C), judgment shall be imposed and the defendant sentenced if the court finds the circumstances in subparagraph (A).
(C) The court may re-refer the defendant to treatment if the court finds that it is in the interest of justice to do so, that the defendant is currently amenable to treatment, and if the defendant agrees to participate in and complete a treatment program as described in this section. This subparagraph shall not apply if
the defendant has been convicted of a crime that was committed since starting treatment.
(5) For time spent in residential treatment, a defendant may earn only actual credits pursuant to Section 2900.5 and shall not earn conduct credits pursuant to Section 4019 or any other provision. Time spent in any other type of program or counseling is not eligible for any credits.
(c) (1) Except as provided in paragraph (2), as used in this section, “hard drug” means a substance listed in Section 11054 or 11055 of the Health and Safety Code, including a substance containing fentanyl, heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401 of the Health and Safety Code.
(2) As used in this section “hard drug” does
not include cannabis, cannabis products, peyote, lysergic acid diethylamide or other psychedelic drugs such as mescaline and psilocybin, or any other substance listed in subdivisions (d) and (e) of Section 11054 of the Health and Safety Code, or, with the exception of methamphetamine, any other substance listed in subdivision (d) of Section 11055 of the Health and Safety Code.
(d) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.
(e) The Board of State and Community Corrections may allocate appropriate funds from moneys disbursed to the Board of State and Community Corrections pursuant to paragraph (3) of subdivision (a) of Section 7599.2 of the Government Code and Section 6046.2 to counties and local governments for programs
for defendants pursuant to this section. This provision shall not preclude funding for these programs from any other source, including, but not limited to, the Local Revenue Fund 2011 established under Section 30025 of the Government Code and other such funds designated for substance abuse and mental health treatment.
(f) A defendant participating in a program pursuant to this section may use any Medi-Cal or Medicare programs or services for which they are eligible, including, but not limited to, those described in clauses (iii) through (v) of subparagraph (B) of paragraph (16) of subdivision (f) of Section 30025 of the Government Code, for the defendant’s programs pursuant to this section. A county or local government may contract directly with the State Department of Health Care Services or any other applicable state agency to provide for the provision or administration of any applicable Medi-Cal or Medicare treatment
programs.
SEC. 7.
Section 12022 of the Penal Code is amended to read:12022.
(a) (1) Except as provided in subdivisions (c) and (d), a person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one year, unless the arming is an element of that offense. This additional term shall apply to a person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm.(2) Except as provided in subdivision (c), and notwithstanding subdivision (d), if the firearm is an assault weapon, as defined in Section 30510 or 30515, or a machinegun, as defined in Section
16880, or a .50 BMG rifle, as defined in Section 30530, the additional and consecutive term described in this subdivision shall be three years imprisonment pursuant to subdivision (h) of Section 1170 whether or not the arming is an element of the offense of which the person was convicted. The additional term provided in this paragraph shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with an assault weapon, machinegun, or a .50 BMG rifle, whether or not the person is personally armed with an assault weapon, machinegun, or a .50 BMG rifle.
(b) (1) A person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless use of a deadly or dangerous weapon is an element of that offense.
(2) If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term shall be in the state prison for one, two, or three years.
(3) When a person is found to have personally used a deadly or dangerous weapon in the commission of a felony or attempted felony as provided in this subdivision and the weapon is owned by that person, the court shall order that the weapon be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005.
(c) (1) Notwithstanding the enhancement set forth in subdivision (a), a person who is personally armed with a firearm in the commission of a violation or attempted violation of Section
11351, 11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170
in the state prison for three, four, or five years.
(2) Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code, a defendant convicted of an underlying violation specified in this subdivision who admits an enhancement pursuant to this subdivision or for whom an enhancement pursuant to this subdivision is found true, is punishable by imprisonment in the state prison and not pursuant to subdivision (h) of Section 1170 of the Penal Code.
(d) Notwithstanding the enhancement set forth in subdivision (a), a person who is not personally armed with a firearm who, knowing that another principal is personally armed with a firearm, is a principal in the commission of an offense or attempted offense specified in
subdivision (c), shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years.
(e) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as a single enhancement.
(f) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in subdivision (c) or (d) in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition.
SEC. 8.
Section 12022.6 is added to the Penal Code, to read:12022.6.
(a) If a person takes, damages, or destroys any property in the commission or attempted commission of a felony, or commits a felony violation of Section 496, the court shall impose a term in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, as follows:(1) If the loss or property value exceeds fifty thousand dollars ($50,000), the court shall impose an additional term of one year.
(2) If the loss or property value exceeds two hundred thousand dollars ($200,000), the court shall impose an additional term of two years.
(3) If the loss
or property value exceeds one million dollars ($1,000,000), the court shall impose an additional term of three years.
(4) If the loss or property value exceeds three million dollars ($3,000,000), the court shall impose an additional term of four years.
(5) For every additional loss or property value of three million dollars ($3,000,000), the court shall impose a term of one year in addition to the term specified in paragraph (4).
(b) In any accusatory pleading involving multiple charges of taking, damage, or destruction, or multiple violations of Section 496, the additional terms provided in this section may be imposed if the aggregate losses to the victims or aggregate property values from all felonies exceed the amounts specified in this section and arise from a common scheme or plan. All pleadings under this
section shall remain subject to the rules of joinder and severance stated in Section 954.
(c) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(d) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022.65.
SEC. 9.
Section 12022.65 is added to the Penal Code, to read:12022.65.
(a) Any person who acts in concert with two or more persons to take, attempt to take, damage, or destroy any property in the commission or attempted commission of a felony shall be punished by an additional and consecutive term of imprisonment of one, two, or three years.(b) The additional term provided in this section shall not be imposed unless the existence of the facts required in subdivision (a) are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(c) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant
to Section 12022.6.
SEC. 10.
Section 12022.7 of the Penal Code is amended to read:12022.7.
(a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years.(b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to become comatose due to brain injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, “paralysis” means a major or complete loss of motor function resulting from injury to the nervous system or to a
muscular mechanism.
(c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
(d) Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years.
(e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison
for three, four, or five years. As used in this subdivision, “domestic violence” has the meaning provided in subdivision (b) of Section 13700.
(f) (1) As used in this section, “great bodily injury” means a significant or substantial physical injury.
(2) As used in this section, a person who sells, furnishes, administers, or gives away a controlled substance and who knew or should have known that the substance included fentanyl or a fentanyl analog, is deemed to have personally inflicted great bodily injury when the person to whom the substance was sold, furnished,
administered, or given suffers a significant or substantial physical injury from using the substance.
(g) This section shall not apply to murder or manslaughter or a violation of Section 451 or 452. Subdivisions (a), (b), (c), and (d) shall not apply if infliction of great bodily injury is an element of the offense.
(h) The court shall impose the additional terms of imprisonment under either subdivision (a), (b), (c), or (d), but may not impose more than one of those terms for the same offense.
SEC. 11.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 12.
This act amends the Safe Neighborhoods and Schools Act, an initiative statute approved by the voters at the November 4, 2014, statewide general election as Proposition 47, and shall become effective only when submitted to and approved by the voters. The Secretary of State shall submit Sections 4 and 5 of this act for approval by the voters at a statewide election in accordance with Section 9040 of the Elections Code.SEC. 13.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order for the State of California and local jurisdictions to act with haste to address our twin retail theft and fentanyl crises, it is necessary that this act take effect immediately.
(a)Except as provided in subdivisions (b) and (d), a party may appear remotely and the court may conduct conferences, hearings, and proceedings, in whole or in part, through the use of remote technology when a party has provided notice to the court and all other parties that it intends to appear remotely in any of the following types of proceedings:
(1)A juvenile court proceeding occurring pursuant to Section 601 or 602 of the Welfare and Institutions Code.
(2)An extension of juvenile commitment pursuant to Section 1800 of the Welfare and Institutions Code.
(3)A proceeding involving a commitment type identified pursuant to Section 4355 of Title 9 of the California Code of Regulations or any successor regulation.
(4)A proceeding related to an intellectually disabled and dangerous commitment authorized pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(b)Except as otherwise provided by law, the court may require a party or witness to appear in person at a conference, hearing, or proceeding described in subdivision (a), or under
subdivision (e), if any of the following conditions are present:
(1)The court with jurisdiction over the case does not have the technology necessary to conduct the conference, hearing, or proceeding remotely.
(2)Although the court has the requisite technology, the quality of the technology or audibility at a conference, hearing, or proceeding prevents the effective management or resolution of the conference, hearing, or proceeding.
(3)The court determines on a hearing-by-hearing basis that an in-person appearance would materially assist in the determination of the conference, hearing, or proceeding or in the effective management or resolution of the particular case.
(4)The quality of the technology or audibility at a conference, hearing, or proceeding inhibits the court reporter’s ability to accurately prepare a transcript of the conference, hearing, or proceeding.
(5)The quality of the technology or audibility at a conference, hearing, or proceeding prevents an attorney from being able to provide effective representation to the attorney’s client.
(6)The quality of the technology or audibility at a conference, hearing, or proceeding inhibits a court interpreter’s ability to provide language access to a court user or authorized individual.
(c)Notwithstanding paragraph (3) of subdivision (b), an expert witness may appear
remotely absent good cause to compel in-person testimony.
(d)(1)Except as otherwise provided by law and subject to the limitations of subdivision (b), upon its own motion or the motion of any party, the court may conduct a trial or evidentiary hearing, in whole or in part, through the use of remote technology, absent a showing by the opposing party as to why a remote appearance or testimony should not be allowed.
(2)(A)Except as provided in Section 269 of the Code of Civil Procedure and Section 69957 of the Government Code, if the court conducts a trial, in whole or in part, through the use of remote technology, the official reporter or official reporter pro tempore shall be physically present in the courtroom.
(B)If the court conducts a trial, in whole or in part, through the use of remote technology, upon request, the court interpreter shall be physically present in the courtroom.
(e)(1)Before the court with jurisdiction over the case may proceed with a remote conference, hearing, proceeding, or trial, the court shall have a process for a party, witness, official reporter, official reporter pro tempore, court interpreter, or other court personnel to alert the judicial officer of technology or audibility issues that arise during the conference, hearing, proceeding, or trial.
(2)The court shall require that a remote appearance by a party or witness have the necessary privacy and security appropriate for the
conference, hearing, proceeding, or trial.
(3)The court shall inform all parties, particularly parties without
legal representation, about the potential technological or audibility issues that could arise when using remote technology, which may require a delay of or halt the conference, hearing, proceeding, or trial. The court shall make information available to self-represented parties regarding the options for appearing in person and through the use of remote technology.
(f)The court shall not require a party to appear through the use of remote technology. If the court permits an appearance through remote technology, the court shall ensure that technology in the courtroom enables all parties, whether appearing remotely or in person, to fully participate in the conference, hearing, or proceeding.
(g)A self-represented party may appear remotely in a conference,
hearing, or proceeding conducted through the use of remote technology only if they agree to do so.
(h)For purposes of this section, a party includes a nonparty subject to Chapter 6 of Title 4 of Part 4 (commencing with Section 2020.010).
(i)Subject to the limitations in subdivision (b), this section is not intended to prohibit the use of appearances through the use of remote technology when stipulated by attorneys for represented parties.
(j)Consistent with its constitutional rulemaking authority, the Judicial Council shall adopt rules to implement the policies and provisions in this section to promote statewide consistency, including, but not limited to, the following
procedures:
(1)A deadline by which a party must notify the court and the other parties of their request to appear remotely.
(2)Procedures and standards for a judicial officer to determine when a conference, hearing, or proceeding may be conducted through the use of remote technology. The procedures and standards shall require that a judicial officer give consideration to the limited access to technology or transportation that a party or witness might have.
(k)Each superior court shall report to the Judicial Council on or before October 1, 2023, and annually thereafter, and the Judicial Council shall report to the Legislature on or before December 31, 2023, and annually thereafter, to assess the impact of technology issues or problems affecting civil remote proceedings and all purchases and leases of technology or equipment to facilitate civil remote conferences, hearings, or proceedings, specifying all of the following for each annual reporting period:
(1)The number of civil proceedings conducted with the use of remote technology.
(2)Any superior court in which technology issues or problems occurred.
(3)The superior courts in which remote technology was used.
(4)The types of civil trial court conferences, hearings, or proceedings in which remote technology was used.
(5)The cost of purchasing, leasing, or upgrading remote technology.
(6)The type of technology and equipment purchased or leased.
(l)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure courts can continue to conduct conferences, hearings, proceedings, and trials in civil cases using remote technology, it is
necessary that this act take effect immediately.
