Bill Text: CA AB2481 | 2015-2016 | Regular Session | Introduced

California Assembly Bill 2481 (Prior Session Legislation)

Introduced

Bill Title: Sentencing: enhancements: crossbows.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2481 Detail]

Download: California-2015-AB2481-Introduced.html

BILL NUMBER: AB 2481	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lackey

                        FEBRUARY 19, 2016

   An act to amend Section 12022.53 of the Penal Code, relating to
sentencing.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2481, as introduced, Lackey. Sentencing: enhancements:
crossbows.
   Existing law provides for specified enhancements for the use or
discharge of a firearm, or discharge of a firearm that causes serious
bodily injury or death, in connection with certain offenses, as
specified.
   This bill would also make those enhancements applicable if the
weapon used or discharged is a crossbow. By expanding the scope of an
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. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known and may be cited as the Charles
Emmanuel Briggs Memorial Act of 2016.
  SEC. 2.  Section 12022.53 of the Penal Code is amended to read:
   12022.53.  (a) This section applies to the following felonies:
   (1) Section 187 (murder).
   (2) Section 203 or 205 (mayhem).
   (3) Section 207, 209, or 209.5 (kidnapping).
   (4) Section 211 (robbery).
   (5) Section 215 (carjacking).
   (6) Section 220 (assault with intent to commit a specified
felony).
   (7) Subdivision (d) of Section 245 (assault with a firearm on a
peace officer or firefighter).
   (8) Section 261 or 262 (rape).
   (9) Section 264.1 (rape or sexual penetration in concert).
   (10) Section 286 (sodomy).
   (11) Section 288 or 288.5 (lewd act on a child).
   (12) Section 288a (oral copulation).
   (13) Section 289 (sexual penetration).
   (14) Section 4500 (assault by a life prisoner).
   (15) Section 4501 (assault by a prisoner).
   (16) Section 4503 (holding a hostage by a prisoner).
   (17) Any felony punishable by death or imprisonment in the state
prison for life.
   (18) Any attempt to commit a crime listed in this subdivision
other than an assault.
   (b) Notwithstanding any other  provision of  law,
 any   a  person who, in the commission of
a felony specified in subdivision (a), personally uses a 
firearm,   firearm or crossbow  shall be punished
by an additional and consecutive term of imprisonment in the state
prison for 10 years. The firearm  or crossbow  need not be
operable or loaded for this enhancement to apply.
   (c) Notwithstanding any other  provision of  law,
any person who, in the commission of a felony specified in
subdivision (a), personally and intentionally discharges a
firearm,   firearm or crossbow  shall be punished
by an additional and consecutive term of imprisonment in the state
prison for 20 years.
   (d) Notwithstanding any other  provision of  law,
any person who, in the commission of a felony specified in
subdivision (a), Section 246, or subdivision (c) or (d) of Section
26100, personally and intentionally discharges a firearm  or
crossbow  and proximately causes great bodily injury, as defined
in Section 12022.7, or death, to any person other than an
accomplice, shall be punished by an additional and consecutive term
of imprisonment in the state prison for 25 years to life.
   (e) (1) The enhancements provided in this section shall apply to
any person who is a principal in the commission of an offense if both
of the following are pled and proved:
   (A) The person violated subdivision (b) of Section 186.22.
   (B) Any principal in the offense committed any act specified in
subdivision (b), (c), or (d).
   (2) An enhancement for participation in a criminal street gang
pursuant to Chapter 11 (commencing with Section 186.20) of Title 7 of
Part 1 shall not be imposed on a person in addition to an
enhancement imposed pursuant to this subdivision, unless the person
personally used or personally discharged a firearm  or crossbow
 in the commission of the offense.
   (f) Only one additional term of imprisonment under this section
shall be imposed per person for each crime. If more than one
enhancement per person is found true under this section, the court
shall impose upon that person the enhancement that provides the
longest term of imprisonment. An enhancement involving a firearm
specified in Section 12021.5, 12022, 12022.3, 12022.4, 12022.5, or
12022.55 shall not be imposed on a person in addition to an
enhancement imposed pursuant to this section. An enhancement for
great bodily injury as defined in Section 12022.7, 12022.8, or
12022.9 shall not be imposed on a person in addition to an
enhancement imposed pursuant to subdivision (d).
   (g) Notwithstanding any other  provision of  law,
probation shall not be granted to, nor shall the execution or
imposition of sentence be suspended for, any person found to come
within the provisions of this section.
   (h) Notwithstanding Section 1385 or any other  provision
of  law, the court shall not strike an allegation under this
section or a finding bringing a person within the provisions of this
section.
   (i) The total amount of credits awarded pursuant to Article 2.5
(commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 or
pursuant to Section 4019 or any other provision of law shall not
exceed 15 percent of the total term of imprisonment imposed on a
defendant upon whom a sentence is imposed pursuant to this section.
   (j) For the penalties in this section to apply, the existence of
any fact required under subdivision (b), (c), or (d) shall be alleged
in the accusatory pleading and either admitted by the defendant in
open court or found to be true by the trier of fact.  When
  If  an enhancement specified in this section has
been admitted or found to be true, the court shall impose punishment
for that enhancement pursuant to this section rather than imposing
punishment authorized under any other  provision of 
law, unless another enhancement provides for a greater penalty or a
longer term of imprisonment.
   (k)  When   If  a person is found to
have used or discharged a firearm  or crossbow  in the
commission of an offense that includes an allegation pursuant to this
section and the firearm  or crossbow  is owned by that
person, a coparticipant, or a coconspirator, the court shall order
that the firearm  or crossbow  be deemed a nuisance and
disposed of in the manner provided in Sections 18000 and 18005.
   (l) The enhancements specified in this section  shall
  do  not apply to the lawful use or discharge of a
firearm  or crossbow  by a public officer, as provided in
Section 196, or by any person in lawful self-defense, lawful defense
of another, or lawful defense of property, as provided in Sections
197, 198, and 198.5. 
   (m) For the purposes of this section, "crossbow" means any device
that is designed to fire a bolt or arrow projectile by releasing a
string or wire held at tension, including, but not limited to,
crossbows, compound bows, and long bows. 
  SEC. 3.  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.