Bill Text: CA AB2486 | 2011-2012 | Regular Session | Amended
Bill Title: Imprisonment: felonies committed while imprisoned.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-07-03 - From committee without further action pursuant to Joint Rule 62(a). [AB2486 Detail]
Download: California-2011-AB2486-Amended.html
BILL NUMBER: AB 2486 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Feuer
FEBRUARY 24, 2012
An act to amend Section 325 of the Business and
Professions 1170.1 of the Penal Code, relating
to professions and vocations imprisonment
.
LEGISLATIVE COUNSEL'S DIGEST
AB 2486, as amended, Feuer. Director of Consumer Affairs.
Imprisonment: felonies committed while imprisoned.
Existing law provides that a felony is a crime that is punishable
by death, by imprisonment in the state prison, or by imprisonment in
the county jail for more than one year. Existing law provides
generally that felonies are punishable in a county jail for 16
months, or 2 or 3 years. Existing law requires that penalties for a
felony committed by a person while serving a term of imprisonment in
a state prison be served consecutively to the existing term.
This bill would also make these penalty requirements to serve a
consecutive term applicable to a person who commits a felony while
serving a term of imprisonment for a felony conviction in a county
jail.
Because this bill would extend the period of imprisonment in
county jails, it 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.
Under existing law, the Department of Consumer Affairs consists of
boards that license and regulate various professions and vocations.
The department is under the control of the Director of Consumer
Affairs. Existing law requires the director to receive complaints
from consumers concerning various matters, including, but not limited
to, violations of certain laws and regulations promulgated pursuant
to those laws.
This bill would make a technical, nonsubstantive change to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1170.1 of the
Penal Code , as amended by Section 8.7 of Chapter 361
of the Statutes of 2011, is amended to read:
1170.1. (a) Except as otherwise provided by law, and subject to
Section 654, when any person is convicted of two or more felonies,
whether in the same proceeding or court or in different proceedings
or courts, and whether by judgment rendered by the same or by a
different court, and a consecutive term of imprisonment is imposed
under Sections 669 and 1170, the aggregate term of imprisonment for
all these convictions shall be the sum of the principal term, the
subordinate term, and any additional term imposed for applicable
enhancements for prior convictions, prior prison terms, and Section
12022.1. The principal term shall consist of the greatest term of
imprisonment imposed by the court for any of the crimes, including
any term imposed for applicable specific enhancements. The
subordinate term for each consecutive offense shall consist of
one-third of the middle term of imprisonment prescribed for each
other felony conviction for which a consecutive term of imprisonment
is imposed, and shall include one-third of the term imposed for any
specific enhancements applicable to those subordinate offenses.
Whenever a court imposes a term of imprisonment in the state prison,
whether the term is a principal or subordinate term, the aggregate
term shall be served in the state prison, regardless as to whether or
not one of the terms specifies imprisonment in the county jail
pursuant to subdivision (h) of Section 1170.
(b) If a person is convicted of two or more violations of
kidnapping, as defined in Section 207, involving separate victims,
the subordinate term for each consecutive offense of kidnapping shall
consist of the full middle term and shall include the full term
imposed for specific enhancements applicable to those subordinate
offenses.
(c) In the case of any person convicted of one or more felonies
committed while the person is confined in a state prison or in a
county jail under subdivision (h) of Section 1170, or is
subject to reimprisonment for escape from custody , and
the law either requires the terms to be served consecutively or the
court imposes consecutive terms, the term of imprisonment for all the
convictions that the person is required to serve consecutively shall
commence from the time the person would otherwise have been released
from prison or county jail . If the new offenses are
consecutive with each other, the principal and subordinate terms
shall be calculated as provided in subdivision (a). This subdivision
shall be applicable in cases of convictions of more than one offense
in the same or different proceedings.
(d) When the court imposes a sentence for a felony pursuant to
Section 1170 or subdivision (b) of Section 1168, the court shall also
impose, in addition and consecutive to the offense of which the
person has been convicted, the additional terms provided for any
applicable enhancements. If an enhancement is punishable by one of
three terms, the court shall, in its discretion, impose the term that
best serves the interest of justice, and state the reasons for its
sentence choice on the record at the time of sentencing. The court
shall also impose any other additional term that the court determines
in its discretion or as required by law shall run consecutive to the
term imposed under Section 1170 or subdivision (b) of Section 1168.
In considering the imposition of the additional term, the court shall
apply the sentencing rules of the Judicial Council.
(e) All enhancements 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.
(f) When two or more enhancements may be imposed for being armed
with or using a dangerous or deadly weapon or a firearm in the
commission of a single offense, only the greatest of those
enhancements shall be imposed for that offense. This subdivision
shall not limit the imposition of any other enhancements applicable
to that offense, including an enhancement for the infliction of great
bodily injury.
(g) When two or more enhancements may be imposed for the
infliction of great bodily injury on the same victim in the
commission of a single offense, only the greatest of those
enhancements shall be imposed for that offense. This subdivision
shall not limit the imposition of any other enhancements applicable
to that offense, including an enhancement for being armed with or
using a dangerous or deadly weapon or a firearm.
(h) For any violation of an offense specified in Section 667.6,
the number of enhancements that may be imposed shall not be limited,
regardless of whether the enhancements are pursuant to this section,
Section 667.6, or some other provision of law. Each of the
enhancements shall be a full and separately served term.
(i) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 2. Section 1170.1 of the
Penal Code , as amended by Section 9.7 of Chapter 361
of the Statutes of 2011, is amended to read:
1170.1. (a) Except as otherwise provided by law, and subject to
Section 654, when any person is convicted of two or more felonies,
whether in the same proceeding or court or in different proceedings
or courts, and whether by judgment rendered by the same or by a
different court, and a consecutive term of imprisonment is imposed
under Sections 669 and 1170, the aggregate term of imprisonment for
all these convictions shall be the sum of the principal term, the
subordinate term, and any additional term imposed for applicable
enhancements for prior convictions, prior prison terms, and Section
12022.1. The principal term shall consist of the greatest term of
imprisonment imposed by the court for any of the crimes, including
any term imposed for applicable specific enhancements. The
subordinate term for each consecutive offense shall consist of
one-third of the middle term of imprisonment prescribed for each
other felony conviction for which a consecutive term of imprisonment
is imposed, and shall include one-third of the term imposed for any
specific enhancements applicable to those subordinate offenses.
Whenever a court imposes a term of imprisonment in the state prison,
whether the term is a principal or subordinate term, the aggregate
term shall be served in the state prison, regardless as to whether or
not one of the terms specifies imprisonment in the county jail
pursuant to subdivision (h) of Section 1170.
(b) If a person is convicted of two or more violations of
kidnapping, as defined in Section 207, involving separate victims,
the subordinate term for each consecutive offense of kidnapping shall
consist of the full middle term and shall include the full term
imposed for specific enhancements applicable to those subordinate
offenses.
(c) In the case of any person convicted of one or more felonies
committed while the person is confined in a state prison or in a
county jail under subdivision (h) of Section 1170, or is
subject to reimprisonment for escape from custody , and
the law either requires the terms to be served consecutively or the
court imposes consecutive terms, the term of imprisonment for all the
convictions that the person is required to serve consecutively shall
commence from the time the person would otherwise have been released
from prison or county jail . If the new offenses are
consecutive with each other, the principal and subordinate terms
shall be calculated as provided in subdivision (a). This subdivision
shall be applicable in cases of convictions of more than one offense
in the same or different proceedings.
(d) When the court imposes a sentence for a felony pursuant to
Section 1170 or subdivision (b) of Section 1168, the court shall also
impose, in addition and consecutive to the offense of which the
person has been convicted, the additional terms provided for any
applicable enhancements. If an enhancement is punishable by one of
three terms, the court shall impose the middle term unless there are
circumstances in aggravation or mitigation, and state the reasons for
its sentence choice, other than the middle term, on the record at
the time of sentencing. The court shall also impose any other
additional term that the court determines in its discretion or as
required by law shall run consecutive to the term imposed under
Section 1170 or subdivision (b) of Section 1168. In considering the
imposition of the additional term, the court shall apply the
sentencing rules of the Judicial Council.
(e) All enhancements 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.
(f) When two or more enhancements may be imposed for being armed
with or using a dangerous or deadly weapon or a firearm in the
commission of a single offense, only the greatest of those
enhancements shall be imposed for that offense. This subdivision
shall not limit the imposition of any other enhancements applicable
to that offense, including an enhancement for the infliction of great
bodily injury.
(g) When two or more enhancements may be imposed for the
infliction of great bodily injury on the same victim in the
commission of a single offense, only the greatest of those
enhancements shall be imposed for that offense. This subdivision
shall not limit the imposition of any other enhancements applicable
to that offense, including an enhancement for being armed with or
using a dangerous or deadly weapon or a firearm.
(h) For any violation of an offense specified in Section 667.6,
the number of enhancements that may be imposed shall not be limited,
regardless of whether the enhancements are pursuant to this section,
Section 667.6, or some other provision of law. Each of the
enhancements shall be a full and separately served term.
(i) This section shall become operative on January 1, 2014.
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.
SECTION 1. Section 325 of the Business and
Professions Code is amended to read:
325. It shall be the duty of the director to receive complaints
from consumers concerning (a) unfair methods of competition and
unfair or deceptive acts or practices undertaken by any person in the
conduct of any trade or commerce; (b) the production, distribution,
sale, and lease of any goods and services undertaken by any person
which may endanger the public health, safety, or welfare; (c)
violations of provisions of this code relating to businesses and
professions licensed by any agency of the department, and regulations
promulgated pursuant thereto; and (d) other matters consistent with
the purposes of this chapter, whenever appropriate.
