Bill Text: CA AB2788 | 2023-2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Crimes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-16 - In committee: Held under submission. [AB2788 Detail]

Download: California-2023-AB2788-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2788

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Introduced by Assembly Member Low

February 15, 2024

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An act to add Section 686.7 to the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST

AB 2788, as introduced, Low. Crimes.

Existing law authorizes courts generally to suspend a criminal sentence and make and enforce terms of probation for a period not to exceed 2 years, except as specified. Existing law authorizes courts in misdemeanor cases to suspend a sentence and make and enforce terms of probation for a period not to exceed one year, except as specified. Under existing law, a prisoner can reduce their term of imprisonment by earning credit for, among other things, continuous incarceration, good behavior, and participation in approved rehabilitative programming.

This bill would make a person who is prohibited from owning a firearm due to prior convictions who commits a felony involving the use of a firearm, or a person who is convicted of two crimes against a person, and who commits a third crime against a person, within three years, subject to various conditions, including, among others, requiring that the person be detained, booked, and held in custody until arraignment, requiring treatment, rehabilitation, or education programs to be completed before the person can receive good conduct credits, and, if probation is granted, requiring it to be for a duration of 5 years. By imposing additional duties on local prosecutors and law enforcement, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 686.7 is added to the Penal Code, to read:

686.7.

 (a) Subdivision (b) shall apply to either of the following:

(1) A person who is prohibited from owning a firearm pursuant to Section 29800, 29805, or 29815, who commits a felony involving the use of a firearm.

(2) A person who is convicted of two crimes against a person, and who commits a third crime against a person, within three years.

(b) All of the following shall apply to any person described in subdivision (a):

(1) The person shall be detained, booked, and held in custody until arraignment.

(2) Upon sentencing, the judge shall consider the repetitive nature of the person’s crimes and shall give great weight towards the maximum sentence allowable for all charges.

(3) The courts shall mandate treatment, rehabilitation, or education programs to be completed during incarceration, the successful completion of which shall be required before good conduct credits are awarded.

(4) Notwithstanding Sections 1203a and 1203.1, if probation is granted to the person, it shall be for a duration of five years.

(5) Probation granted shall place the person on the maximum level of regular supervision.

SEC. 2.

 If the Commission on State Mandates determines that this act contains 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.