Section § 654

Explanation

If an action can be punished in different ways under different laws, it can only be punished under one law. Once someone is either acquitted or convicted for that action, they can't be tried for that same action again under a different law.

However, if the law applied doesn't allow for probation, probation can't be granted even if the chosen punishment would usually permit it.

(a)CA Penal Law Code § 654(a) An act or omission that is punishable in different ways by different provisions of law may be punished under either of such provisions, but in no case shall the act or omission be punished under more than one provision. An acquittal or conviction and sentence under any one bars a prosecution for the same act or omission under any other.
(b)CA Penal Law Code § 654(b) Notwithstanding subdivision (a), a defendant sentenced pursuant to subdivision (a) shall not be granted probation if any of the provisions that would otherwise apply to the defendant prohibits the granting of probation.

Section § 654.1

Explanation

This law makes it illegal for anyone to sell, offer, or arrange transportation services over California public highways on an individual fare basis unless they are authorized by a valid permit or certificate from the California Public Utilities Commission or the U.S. Interstate Commerce Commission. Essentially, if you're going to offer transportation like a bus or shuttle service, you need official permission to do so.

It shall be unlawful for any person, acting individually or as an officer or employee of a corporation, or as a member of a copartnership or as a commission agent or employee of another person, firm or corporation, to sell or offer for sale or, to negotiate, provide or arrange for, or to advertise or hold himself out as one who sells or offers for sale or negotiates, provides or arranges for transportation of a person or persons on an individual fare basis over the public highways of the State of California unless such transportation is to be furnished or provided solely by, and such sale is authorized by, a carrier having a valid and existing certificate of convenience and necessity, or other valid and existing permit from the Public Utilities Commission of the State of California, or from the Interstate Commerce Commission of the United States, authorizing the holder of such certificate or permit to provide such transportation.

Section § 654.2

Explanation

This section explains exceptions to another law about transporting people, specifically when certain conditions are met, meaning that law doesn't apply here.

It doesn't apply if there's no payment for the transportation, or if it's for farm or nonprofit employees traveling to work. It's also not applicable for travel within one city or nearby cities, or for rides in national or state parks combined with other transportation.

Additionally, it excludes ridesharing for work with up to 15 people, as long as it's not for profit beyond the costs of running the van.

The provisions of Section 654.1 of the Penal Code shall not apply to the selling, furnishing, or providing of transportation of any person or persons in any of the following circumstances:
(a)CA Penal Law Code § 654.2(a) When no compensation is paid or to be paid, either directly or indirectly, for the transportation.
(b)CA Penal Law Code § 654.2(b) For the furnishing or providing of transportation to or from work of employees engaged in farmwork on any farm of the State of California.
(c)CA Penal Law Code § 654.2(c) For the furnishing or providing of transportation to and from work of employees of any nonprofit cooperative association, organized pursuant to any law of the State of California.
(d)CA Penal Law Code § 654.2(d) For the transportation of persons wholly or substantially within the limits of a single municipality or of contiguous municipalities.
(e)CA Penal Law Code § 654.2(e) For transportation of persons over a route wholly or partly within a national park or state park where the transportation is sold in conjunction with, or as part of, a rail trip or trip over a regularly operated motorbus transportation system or line.
(f)CA Penal Law Code § 654.2(f) For the transportation of persons between home and work locations or of persons having a common work-related trip purpose in a vehicle having a seating capacity of 15 passengers or less, including the driver, which is used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code, when the ridesharing is incidental to another purpose of the driver. This exemption does not apply if the primary purpose for the transportation of those persons is to make a profit. “Profit,” as used in this subdivision, does not include the recovery of the actual costs incurred in owning and operating a vanpool vehicle, as defined in Section 668 of the Vehicle Code.

Section § 654.3

Explanation

This law makes it clear that if someone breaks the rules outlined in Section 654.1, they will face increasingly severe punishments with each conviction. For the first time, the person can either be fined up to $500, jailed for up to 90 days, or both. If they're caught again, they have to spend at least 30 days and up to 180 days in jail. By the third time, they must serve between 90 days and a year in jail without the chance of getting probation. This continues to apply if the person has three or more violations.

Violation of Section 654.1 shall be a misdemeanor, and upon first conviction the punishment shall be a fine of not over five hundred dollars ($500), or imprisonment in jail for not over 90 days, or both such fine and imprisonment. Upon second conviction the punishment shall be imprisonment in jail for not less than 30 days and not more than 180 days. Upon a third or subsequent conviction the punishment shall be confinement in jail for not less than 90 days and not more than one year, and a person suffering three or more convictions shall not be eligible to probation, the provisions of any law to the contrary notwithstanding.

Section § 655

Explanation

This law states that if an action or failure to act is considered a crime under this code, it remains a crime even if it's also punishable under the laws of another state or country. The only exception is if it's explicitly stated otherwise in the law.

An act or omission declared punishable by this Code is not less so because it is also punishable under the laws of another State, Government, or country, unless the contrary is expressly declared.

Section § 656

Explanation

This law says that if someone is on trial for a crime in California and they have already been found not guilty (acquitted) or guilty (convicted) for the same act or omission under federal law or in another state or territory, that's a strong enough defense to potentially avoid another trial for the same issue.

Whenever on the trial of an accused person it appears that upon a criminal prosecution under the laws of the United States, or of another state or territory of the United States based upon the act or omission in respect to which he or she is on trial, he or she has been acquitted or convicted, it is a sufficient defense.

Section § 656.5

Explanation

If someone is found guilty of a crime in California that they were already judged for in another country, they can get credit for any time they already spent in jail there. They also get any extra time off they would have earned if they had been jailed in California.

Any person convicted of a crime based upon an act or omission for which he or she has been acquitted or convicted in another country shall be entitled to credit for any actual time served in custody in a penal institution in that country for the crime, and for any additional time credits that would have actually been awarded had the person been incarcerated in California.

Section § 656.6

Explanation

This law states that California cannot break international laws or treaties just to bring back someone convicted in a foreign country for a crime they committed in California, in order to prosecute them here.

No international treaties or laws shall be violated to secure the return of a person who has been convicted in another country of a crime committed in California in order to prosecute the person in California.

Section § 657

Explanation

This means that if something is a crime, it can still be punished as a crime even if it's also considered contempt. Contempt doesn't replace the criminal charge; both can stand separately.

A criminal act is not the less punishable as a crime because it is also declared to be punishable as a contempt.

Section § 658

Explanation

If someone is found guilty and is about to receive their sentence, the court can decide to reduce the punishment if the person has already been fined or jailed for the same act due to a contempt order.

When it appears, at the time of passing sentence upon a person convicted upon indictment, that such person has already paid a fine or suffered an imprisonment for the act of which he stands convicted, under an order adjudging it a contempt, the Court authorized to pass sentence may mitigate the punishment to be imposed, in its discretion.

Section § 659

Explanation

This law states that if a certain action is considered a misdemeanor and there is no specific punishment mentioned for advising or helping someone to commit that action, then anyone who advises or helps is also guilty of a misdemeanor.

Whenever an act is declared a misdemeanor, and no punishment for counseling or aiding in the commission of such act is expressly prescribed by law, every person who counsels or aids another in the commission of such act is guilty of a misdemeanor.

Section § 660

Explanation

This law states that if you commit a crime by sending a letter, the crime is officially committed as soon as you drop the letter in a post office or give it to someone to send.

In the various cases in which the sending of a letter is made criminal by this Code, the offense is deemed complete from the time when such letter is deposited in any Post Office or any other place, or delivered to any person, with intent that it shall be forwarded.

Section § 661

Explanation

This law states that if a public official fails to perform their job properly, or breaks the rules of their position, there may be specific penalties. However, if no specific penalty is mentioned, the court can decide to remove them from their job.

In addition to the penalty affixed by express terms, to every neglect or violation of official duty on the part of public officers, State, county, city, or township, where it is not so expressly provided, they may, in the discretion of the Court, be removed from office.

Section § 662

Explanation

This law says that you can't be punished for not doing something if someone else legally did it for you.

No person is punishable for an omission to perform an act, where such act has been performed by another person acting in his behalf and competent by law to perform it.

Section § 663

Explanation

If someone tries to commit a crime and actually ends up committing it, they can still be charged with just the attempt, unless the court decides to end the current trial and start a new one for the committed crime instead.

Any person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime intended or attempted was perpetrated by such person in pursuance of such attempt, unless the Court, in its discretion, discharges the jury and directs such person to be tried for such crime.

Section § 664

Explanation

This law addresses the punishment for attempting to commit a crime in California when the attempt doesn't succeed. If the attempted crime would typically result in prison time, the penalty for the attempt is typically half the usual prison term, except for attempts involving premeditated murder, which can lead to a life sentence. If the attempted crime has a life or death penalty, other specific sentencing terms apply. For crimes punishable by jail time or fines, the penalties for attempts are also reduced to half. Special provisions exist when the attempted murder involves peace officers or firefighters, allowing harsher penalties. Attempted murders that are premeditated against these professionals carry a sentence of 15 years to life, with no possibility of early release before 15 years. Attempts punishable by fines result in half the maximum fine usually imposed for the actual crime. Overall, the law aims to issue penalties that reflect the seriousness of the attempted crime, even if it wasn’t fully carried out.

Every person who attempts to commit any crime, but fails, or is prevented or intercepted in its perpetration, shall be punished where no provision is made by law for the punishment of those attempts, as follows:
(a)CA Penal Law Code § 664(a) If the crime attempted is punishable by imprisonment in the state prison, or by imprisonment pursuant to subdivision (h) of Section 1170, the person guilty of the attempt shall be punished by imprisonment in the state prison or in a county jail, respectively, for one-half the term of imprisonment prescribed upon a conviction of the offense attempted. However, if the crime attempted is willful, deliberate, and premeditated murder, as defined in Section 189, the person guilty of that attempt shall be punished by imprisonment in the state prison for life with the possibility of parole. If the crime attempted is any other one in which the maximum sentence is life imprisonment or death, the person guilty of the attempt shall be punished by imprisonment in the state prison for five, seven, or nine years. The additional term provided in this section for attempted willful, deliberate, and premeditated murder shall not be imposed unless the fact that the attempted murder was willful, deliberate, and premeditated is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(b)CA Penal Law Code § 664(b) If the crime attempted is punishable by imprisonment in a county jail, the person guilty of the attempt shall be punished by imprisonment in a county jail for a term not exceeding one-half the term of imprisonment prescribed upon a conviction of the offense attempted.
(c)CA Penal Law Code § 664(c) If the offense so attempted is punishable by a fine, the offender convicted of that attempt shall be punished by a fine not exceeding one-half the largest fine which may be imposed upon a conviction of the offense attempted.
(d)CA Penal Law Code § 664(d) If a crime is divided into degrees, an attempt to commit the crime may be of any of those degrees, and the punishment for the attempt shall be determined as provided by this section.
(e)CA Penal Law Code § 664(e) Notwithstanding subdivision (a), if attempted murder is committed upon a peace officer or firefighter, as those terms are defined in paragraphs (7) and (9) of subdivision (a) of Section 190.2, a custodial officer, as that term is defined in subdivision (a) of Section 831 or subdivision (a) of Section 831.5, a custody assistant, as that term is defined in subdivision (a) of Section 831.7, or a nonsworn uniformed employee of a sheriff’s department whose job entails the care or control of inmates in a detention facility, as defined in subdivision (c) of Section 289.6, and the person who commits the offense knows or reasonably should know that the victim is a peace officer, firefighter, custodial officer, custody assistant, or nonsworn uniformed employee of a sheriff’s department engaged in the performance of his or her duties, the person guilty of the attempt shall be punished by imprisonment in the state prison for life with the possibility of parole.
This subdivision shall apply if it is proven that a direct but ineffectual act was committed by one person toward killing another human being and the person committing the act harbored express malice aforethought, namely, a specific intent to unlawfully kill another human being. The Legislature finds and declares that this paragraph is declaratory of existing law.
(f)CA Penal Law Code § 664(f) Notwithstanding subdivision (a), if the elements of subdivision (e) are proven in an attempted murder and it is also charged and admitted or found to be true by the trier of fact that the attempted murder was willful, deliberate, and premeditated, the person guilty of the attempt shall be punished by imprisonment in the state prison for 15 years to life. Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall not apply to reduce this minimum term of 15 years in state prison, and the person shall not be released prior to serving 15 years’ confinement.

Section § 665

Explanation

This law says that if someone tries to commit a crime but fails, and in the process ends up committing a different crime, they can still be punished for the crime they actually committed. It doesn't matter if the crime they ended up committing is more or less serious than the one they tried to commit.

Sections 663 and 664 do not protect a person who, in attempting unsuccessfully to commit a crime, accomplishes the commission of another and different crime, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime committed.

Section § 666

Explanation

This law states that if you've previously been convicted of certain crimes, like theft, burglary, or similar offenses, and served time in prison for those, getting convicted again for petty theft could lead to up to a year in county jail or state prison.

It specifically applies to people who are required to register as sex offenders or those with past violent or serious felony convictions.

Additionally, this law doesn't prevent other possible legal consequences under related statutes for repeat offenders.

(a)CA Penal Law Code § 666(a) Notwithstanding Section 490, any person described in subdivision (b) who, having been convicted of petty theft, grand theft, a conviction pursuant to subdivision (d) or (e) of Section 368, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496, and having served a term of imprisonment therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, and who is subsequently convicted of petty theft, is punishable by imprisonment in the county jail not exceeding one year, or in the state prison.
(b)CA Penal Law Code § 666(b) Subdivision (a) shall apply to any person who is required to register pursuant to the Sex Offender Registration Act, or who has a prior violent or serious felony conviction, as specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667, or has a conviction pursuant to subdivision (d) or (e) of Section 368.
(c)CA Penal Law Code § 666(c) This section shall not be construed to preclude prosecution or punishment pursuant to subdivisions (b) to (i), inclusive, of Section 667, or Section 1170.12.

Section § 666.1

Explanation

If someone has two or more past convictions for certain theft-related crimes and gets convicted again for petty theft or shoplifting, they could face up to a year in county jail, or even prison time. This applies to offenses like grand theft, burglary, carjacking, and more. Also, they might be eligible for a program that could include treatment for substance abuse instead of jail.

Before being released after an arrest under this law, a court has to review if releasing them is safe for the public and if they'll appear in court. This can happen even if they're being charged under other laws.

(a)Copy CA Penal Law Code § 666.1(a)
(1)Copy CA Penal Law Code § 666.1(a)(1) Notwithstanding any other law, a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is 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)CA Penal Law Code § 666.1(a)(2) This section applies to the following offenses, including a conviction that occurred before the effective date of this section:
(A)CA Penal Law Code § 666.1(a)(2)(A) Petty theft, as described in Section 488 or 490.2.
(B)CA Penal Law Code § 666.1(a)(2)(B) Grand theft, as described in Sections 487, 487h, and in Chapter 5 (commencing with Section 484) of Title 13 of Part 1.
(C)CA Penal Law Code § 666.1(a)(2)(C) Theft from an elder or dependent adult, as described in Section 368.
(D)CA Penal Law Code § 666.1(a)(2)(D) The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code.
(E)CA Penal Law Code § 666.1(a)(2)(E) Burglary, as described in Section 459.
(F)CA Penal Law Code § 666.1(a)(2)(F) Carjacking, as described in Section 215.
(G)CA Penal Law Code § 666.1(a)(2)(G) Robbery, as described in Section 211.
(H)CA Penal Law Code § 666.1(a)(2)(H) Receiving stolen property, as described in Section 496.
(I)CA Penal Law Code § 666.1(a)(2)(I) Shoplifting, as described in Section 459.5.
(J)CA Penal Law Code § 666.1(a)(2)(J) Identity theft and mail theft, as described in Section 530.5.
(b)CA Penal Law Code § 666.1(b) A person subject to charging 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. lf appropriate, a person admitted to such a program may also be referred to a substance abuse treatment program.
(c)CA Penal Law Code § 666.1(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)CA Penal Law Code § 666.1(d) This section shall not be construed to preclude prosecution or punishment pursuant to any other law.

Section § 666.5

Explanation

If someone has been previously convicted of certain serious vehicle or theft-related felony offenses and is convicted again for a similar offense, they face a prison sentence of two to four years, a fine of up to $10,000, or both. The offenses included are related to vehicles, trailers, special equipment, and vessels.

The court document must clearly state these past offenses, and they must be acknowledged by the accused or proven in court.

Special construction equipment and vessels are considered only if they're motorized under this law.

(a)CA Penal Law Code § 666.5(a) Every person who, having been previously convicted of a felony violation of Section 10851 of the Vehicle Code, or felony grand theft involving an automobile in violation of subdivision (d) of Section 487 or former subdivision (3) of Section 487, as that section read prior to being amended by Section 4 of Chapter 1125 of the Statutes of 1993, or felony grand theft involving a motor vehicle, as defined in Section 415 of the Vehicle Code, any trailer, as defined in Section 630 of the Vehicle Code, any special construction equipment, as defined in Section 565 of the Vehicle Code, or any vessel, as defined in Section 21 of the Harbors and Navigation Code in violation of former Section 487h, or a felony violation of Section 496d regardless of whether or not the person actually served a prior prison term for those offenses, is subsequently convicted of any of these offenses shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or a fine of ten thousand dollars ($10,000), or both the fine and the imprisonment.
(b)CA Penal Law Code § 666.5(b) For the purposes of this section, the terms “special construction equipment” and “vessel” are limited to motorized vehicles and vessels.
(c)CA Penal Law Code § 666.5(c) The existence of any fact which would bring a person under subdivision (a) shall be alleged in the information or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury.

Section § 667

Explanation

This law section outlines enhanced sentencing rules for individuals with prior serious or violent felony convictions in California. If you've been convicted of a serious felony and previously convicted of another serious felony, you get an extra five years added to your sentence for each previous conviction. Sentences for these convictions are to run consecutively, meaning end to end, not simultaneously.

There's no limitation on the total length of consecutive sentences. People with prior serious or violent felonies are not eligible for probation or certain rehabilitative programs, and cannot earn early release credits beyond one-fifth of their sentence. If you have one past serious or violent felony, the sentence for a new felony is doubled. If you have two or more such priors, you are likely facing a life sentence.

The law also states that prosecutors must prove prior convictions in court, but they can choose not to pursue such charges if there's insufficient evidence. This section cannot be used in plea bargains to reduce charges or penalties and is intended to ensure lengthy sentences for repeat offenders.

(a)Copy CA Penal Law Code § 667(a)
(1)Copy CA Penal Law Code § 667(a)(1) A person convicted of a serious felony who previously has been convicted of a serious felony in this state or of any offense committed in another jurisdiction that includes all of the elements of any serious felony, shall receive, in addition to the sentence imposed by the court for the present offense, a five-year enhancement for each such prior conviction on charges brought and tried separately. The terms of the present offense and each enhancement shall run consecutively.
(2)CA Penal Law Code § 667(a)(2) This subdivision shall not be applied when the punishment imposed under other provisions of law would result in a longer term of imprisonment. There is no requirement of prior incarceration or commitment for this subdivision to apply.
(3)CA Penal Law Code § 667(a)(3) The Legislature may increase the length of the enhancement of sentence provided in this subdivision by a statute passed by majority vote of each house thereof.
(4)CA Penal Law Code § 667(a)(4) As used in this subdivision, “serious felony” means a serious felony listed in subdivision (c) of Section 1192.7.
(5)CA Penal Law Code § 667(a)(5) This subdivision does not apply to a person convicted of selling, furnishing, administering, or giving, or offering to sell, furnish, administer, or give to a minor any methamphetamine-related drug or any precursors of methamphetamine unless the prior conviction was for a serious felony described in subparagraph (24) of subdivision (c) of Section 1192.7.
(b)CA Penal Law Code § 667(b) It is the intent of the Legislature in enacting subdivisions (b) to (i), inclusive, to ensure longer prison sentences and greater punishment for those who commit a felony and have been previously convicted of one or more serious or violent felony offenses.
(c)CA Penal Law Code § 667(c) Notwithstanding any other law, if a defendant has been convicted of a felony and it has been pled and proved that the defendant has one or more prior serious or violent felony convictions as defined in subdivision (d), the court shall adhere to each of the following:
(1)CA Penal Law Code § 667(c)(1) There shall not be an aggregate term limitation for purposes of consecutive sentencing for any subsequent felony conviction.
(2)CA Penal Law Code § 667(c)(2) Probation for the current offense shall not be granted, nor shall execution or imposition of the sentence be suspended for any prior offense.
(3)CA Penal Law Code § 667(c)(3) The length of time between the prior serious or violent felony conviction and the current felony conviction shall not affect the imposition of sentence.
(4)CA Penal Law Code § 667(c)(4) There shall not be a commitment to any other facility other than the state prison. Diversion shall not be granted, nor shall the defendant be eligible for commitment to the California Rehabilitation Center as provided in Article 2 (commencing with Section 3050) of Chapter 1 of Division 3 of the Welfare and Institutions Code.
(5)CA Penal Law Code § 667(c)(5) The total amount of credits awarded pursuant to Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall not exceed one-fifth of the total term of imprisonment imposed and shall not accrue until the defendant is physically placed in the state prison.
(6)CA Penal Law Code § 667(c)(6) If there is a current conviction for more than one felony count not committed on the same occasion, and not arising from the same set of operative facts, the court shall sentence the defendant consecutively on each count pursuant to subdivision (e).
(7)CA Penal Law Code § 667(c)(7) If there is a current conviction for more than one serious or violent felony as described in paragraph (6), the court shall impose the sentence for each conviction consecutive to the sentence for any other conviction for which the defendant may be consecutively sentenced in the manner prescribed by law.
(8)CA Penal Law Code § 667(c)(8) A sentence imposed pursuant to subdivision (e) shall be imposed consecutive to any other sentence that the defendant is already serving, unless otherwise provided by law.
(d)CA Penal Law Code § 667(d) Notwithstanding any other law and for the purposes of subdivisions (b) to (i), inclusive, a prior conviction of a serious or violent felony shall be defined as:
(1)CA Penal Law Code § 667(d)(1) An offense defined in subdivision (c) of Section 667.5 as a violent felony or an offense defined in subdivision (c) of Section 1192.7 as a serious felony in this state. The determination of whether a prior conviction is a prior felony conviction for purposes of subdivisions (b) to (i), inclusive, shall be made upon the date of that prior conviction and is not affected by the sentence imposed unless the sentence automatically, upon the initial sentencing, converts the felony to a misdemeanor. The following dispositions shall not affect the determination that a prior conviction is a prior felony for purposes of subdivisions (b) to (i), inclusive:
(A)CA Penal Law Code § 667(d)(1)(A) The suspension of imposition of judgment or sentence.
(B)CA Penal Law Code § 667(d)(1)(B) The stay of execution of sentence.
(C)CA Penal Law Code § 667(d)(1)(C) The commitment to the State Department of State Hospitals as a mentally disordered sex offender following a conviction of a felony.
(D)CA Penal Law Code § 667(d)(1)(D) The commitment to the California Rehabilitation Center or any other facility whose function is rehabilitative diversion from the state prison.
(2)CA Penal Law Code § 667(d)(2) A prior conviction in another jurisdiction for an offense that, if committed in California, is punishable by imprisonment in the state prison constitutes a prior conviction of a particular serious or violent felony if the prior conviction in the other jurisdiction is for an offense that includes all of the elements of a particular violent felony as defined in subdivision (c) of Section 667.5 or serious felony as defined in subdivision (c) of Section 1192.7.
(3)CA Penal Law Code § 667(d)(3) A prior juvenile adjudication constitutes a prior serious or violent felony conviction for purposes of sentence enhancement if it meets all of the following:
(A)CA Penal Law Code § 667(d)(3)(A) The juvenile was 16 years of age or older at the time the juvenile committed the prior offense.
(B)CA Penal Law Code § 667(d)(3)(B) The prior offense is listed in subdivision (b) of Section 707 of the Welfare and Institutions Code or described in paragraph (1) or (2) as a serious or violent felony.
(C)CA Penal Law Code § 667(d)(3)(C) The juvenile was found to be a fit and proper subject to be dealt with under the juvenile court law.
(D)CA Penal Law Code § 667(d)(3)(D) The juvenile was adjudged a ward of the juvenile court within the meaning of Section 602 of the Welfare and Institutions Code because the person committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code.
(e)CA Penal Law Code § 667(e) For purposes of subdivisions (b) to (i), inclusive, and in addition to any other enhancement or punishment provisions that apply, the following apply if a defendant has one or more prior serious or violent felony convictions:
(1)CA Penal Law Code § 667(e)(1) If a defendant has one prior serious or violent felony conviction as defined in subdivision (d) that has been pled and proved, the determinate term or minimum term for an indeterminate term shall be twice the term otherwise provided as punishment for the current felony conviction.
(2)Copy CA Penal Law Code § 667(e)(2)
(A)Copy CA Penal Law Code § 667(e)(2)(A) Except as provided in subparagraph (C), if a defendant has two or more prior serious or violent felony convictions as defined in subdivision (d) that have been pled and proved, the term for the current felony conviction shall be an indeterminate term of life imprisonment with a minimum term of the indeterminate sentence calculated as the greatest of:
(i)CA Penal Law Code § 667(e)(2)(A)(i) Three times the term otherwise provided as punishment for each current felony conviction subsequent to the two or more prior serious or violent felony convictions.
(ii)CA Penal Law Code § 667(e)(2)(A)(ii) Imprisonment in the state prison for 25 years.
(iii)CA Penal Law Code § 667(e)(2)(A)(iii) The term determined by the court pursuant to Section 1170 for the underlying conviction, including any enhancement applicable under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, or any period prescribed by Section 190 or 3046.
(B)CA Penal Law Code § 667(e)(2)(A)(B) The indeterminate term described in subparagraph (A) shall be served consecutive to any other term of imprisonment for which a consecutive term may be imposed by law. Any other term imposed subsequent to an indeterminate term described in subparagraph (A) shall not be merged therein but shall commence at the time the person would otherwise have been released from prison.
(C)CA Penal Law Code § 667(e)(2)(A)(C) If a defendant has two or more prior serious or violent felony convictions as defined in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7 that have been pled and proved, and the current offense is not a serious or violent felony as defined in subdivision (d), the defendant shall be sentenced pursuant to paragraph (1) of subdivision (e) unless the prosecution pleads and proves any of the following:
(i)CA Penal Law Code § 667(e)(2)(A)(C)(i) The current offense is a controlled substance charge, in which an allegation under Section 11370.4 or 11379.8 of the Health and Safety Code was admitted or found true.
(ii)CA Penal Law Code § 667(e)(2)(A)(C)(ii) The current offense is a felony sex offense, defined in subdivision (d) of Section 261.5 or former Section 262, or a felony offense that results in mandatory registration as a sex offender pursuant to subdivision (c) of Section 290 except for violations of Sections 266 and 285, paragraph (1) of subdivision (b) and subdivision (e) of Section 286, paragraph (1) of subdivision (b) and subdivision (e) of Section 288a, Section 311.11, and Section 314.
(iii)CA Penal Law Code § 667(e)(2)(A)(C)(iii) During the commission of the current offense, the defendant used a firearm, was armed with a firearm or deadly weapon, or intended to cause great bodily injury to another person.
(iv)CA Penal Law Code § 667(e)(2)(A)(C)(iv) The defendant suffered a prior serious or violent felony conviction, as defined in subdivision (d) of this section, for any of the following felonies:
(I)CA Penal Law Code § 667(e)(2)(A)(C)(iv)(I) A “sexually violent offense” as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code.
(II) Oral copulation with a child who is under 14 years of age and more than 10 years younger than the defendant as defined by Section 288a, sodomy with another person who is under 14 years of age and more than 10 years younger than the defendant as defined by Section 286, or sexual penetration with another person who is under 14 years of age and more than 10 years younger than the defendant, as defined by Section 289.
(III) A lewd or lascivious act involving a child under 14 years of age, in violation of Section 288.
(IV) Any homicide offense, including any attempted homicide offense, defined in Sections 187 to 191.5, inclusive.
(V)CA Penal Law Code § 667(e)(2)(A)(C)(iv)(V) Solicitation to commit murder as defined in Section 653f.
(VI) Assault with a machinegun on a peace officer or firefighter, as defined in paragraph (3) of subdivision (d) of Section 245.
(VII) Possession of a weapon of mass destruction, as defined in paragraph (1) of subdivision (a) of Section 11418.
(VIII) Any serious or violent felony offense punishable in California by life imprisonment or death.
(f)Copy CA Penal Law Code § 667(f)
(1)Copy CA Penal Law Code § 667(f)(1) Notwithstanding any other law, subdivisions (b) to (i), inclusive, shall be applied in every case in which a defendant has one or more prior serious or violent felony convictions as defined in subdivision (d). The prosecuting attorney shall plead and prove each prior serious or violent felony conviction except as provided in paragraph (2).
(2)CA Penal Law Code § 667(f)(2) The prosecuting attorney may move to dismiss or strike a prior serious or violent felony conviction allegation in the furtherance of justice pursuant to Section 1385, or if there is insufficient evidence to prove the prior serious or violent felony conviction. If upon the satisfaction of the court that there is insufficient evidence to prove the prior serious or violent felony conviction, the court may dismiss or strike the allegation. This section shall not be read to alter a court’s authority under Section 1385.
(g)CA Penal Law Code § 667(g) Prior serious or violent felony convictions shall not be used in plea bargaining as defined in subdivision (b) of Section 1192.7. The prosecution shall plead and prove all known prior serious or violent felony convictions and shall not enter into any agreement to strike or seek the dismissal of any prior serious or violent felony conviction allegation except as provided in paragraph (2) of subdivision (f).
(h)CA Penal Law Code § 667(h) All references to existing statutes in subdivisions (c) to (g), inclusive, are to statutes as they existed on November 7, 2012.
(i)CA Penal Law Code § 667(i) If any provision of subdivisions (b) to (h), inclusive, or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of those subdivisions that can be given effect without the invalid provision or application, and to this end the provisions of those subdivisions are severable.
(j)CA Penal Law Code § 667(j) The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors.

Section § 667.1

Explanation

This law section explains that for certain criminal offenses, the specific laws referenced in the legal code will be interpreted as they existed on specific past dates. For crimes between November 7, 2012, and December 31, 2023, the laws are referenced as they were on November 7, 2012. For crimes committed on or after January 1, 2024, the statutes are referenced as they are on January 1, 2024.

(a)CA Penal Law Code § 667.1(a) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on November 7, 2012.
(b)CA Penal Law Code § 667.1(b) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after January 1, 2024, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on January 1, 2024.

Section § 667.2

Explanation

This section discusses helping offenders, released due to Proposition 36 from the 2012 election, reintegrate into society. It states that if funding and space allow, the Department of Corrections and Rehabilitation can offer supportive programs like transitional housing and mental health treatment. These services are available to offenders released under certain sections amended by Proposition 36, provided they aren't under parole or post-release community supervision. Additionally, the Department will establish a process to refer these offenders to available services, and courts will be informed about these options.

(a)CA Penal Law Code § 667.2(a) The Legislature finds and declares that assisting offenders released pursuant to Proposition 36, adopted at the November 6, 2012, statewide general election, with their transition back into communities will increase the offenders’ likelihood of successful reintegration.
(b)CA Penal Law Code § 667.2(b) Subject to the availability of funding for and space in the programs and services, the Department of Corrections and Rehabilitation may provide programs and services, including, but not limited to, transitional housing, mental health, and substance abuse treatment to an offender who is released from the department’s custody and satisfies both of the following conditions:
(1)CA Penal Law Code § 667.2(b)(1) The offender is released pursuant to any of the following provisions, as they were amended or added by Sections 2 to 6, inclusive, of Proposition 36, as adopted at the November 6, 2012, statewide general election:
(A)CA Penal Law Code § 667.2(b)(1)(A) Section 667.
(B)CA Penal Law Code § 667.2(b)(1)(B) Section 667.1.
(C)CA Penal Law Code § 667.2(b)(1)(C) Section 1170.12.
(D)CA Penal Law Code § 667.2(b)(1)(D) Section 1170.125.
(E)CA Penal Law Code § 667.2(b)(1)(E) Section 1170.126.
(2)CA Penal Law Code § 667.2(b)(2) The offender is not subject to either of the following:
(A)CA Penal Law Code § 667.2(b)(2)(A) Parole pursuant to Article 3 (commencing with Section 3040) of Chapter 8 of Title 1 of Part 3.
(B)CA Penal Law Code § 667.2(b)(2)(B) Postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) of Part 3.
(c)Copy CA Penal Law Code § 667.2(c)
(1)Copy CA Penal Law Code § 667.2(c)(1) The Department of Corrections and Rehabilitation, in consultation with the Administrative Office of the Courts, shall establish a referral process for offenders described in subdivision (b) to participate in programs and receive services that the department has existing contracts to provide.
(2)CA Penal Law Code § 667.2(c)(2) The Administrative Office of the Courts shall inform courts of the availability of the programs and services described in this section.

Section § 667.5

Explanation

This law increases prison sentences for new crimes if the person has been in prison before. If the new crime is a violent felony, like murder or rape, a three-year extra sentence is added for each past prison term served for a violent crime. For other felonies, a one-year extra sentence is added if the past prison term was for a sexually violent crime. These extra sentences don't apply if the person has stayed out of prison and hasn't committed a felony for a certain number of years (10 years for violent crimes, 5 years for sexually violent crimes). Specific crimes counted as violent are detailed, such as robbery or kidnapping. The law also covers how prison terms are defined, including periods of mental health commitments or time in federal institutions. Additional penalties must be proven during the new offense case to be applied. If the new crime happens while the person is temporarily out of prison, full sentence enhancements apply.

Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:
(a)CA Penal Law Code § 667.5(a) If one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant when the prior offense was one of the violent felonies specified in subdivision (c). However, an additional term shall not be imposed pursuant to this subdivision for any prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense that results in a felony conviction.
(b)CA Penal Law Code § 667.5(b) Except when subdivision (a) applies, if the new offense is any felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, provided that an additional term shall not be imposed under this subdivision for any prison term served prior to a period of five years in which the defendant remained free of both the commission of an offense that results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or any felony sentence that is not suspended.
(c)CA Penal Law Code § 667.5(c) The Legislature finds and declares that the following specified crimes merit special consideration when imposing a sentence to display society’s condemnation for these extraordinary crimes of violence against the person. For the purpose of this section, “violent felony” means any of the following:
(1)CA Penal Law Code § 667.5(c)(1) Murder or voluntary manslaughter.
(2)CA Penal Law Code § 667.5(c)(2) Mayhem.
(3)CA Penal Law Code § 667.5(c)(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of former Section 262.
(4)CA Penal Law Code § 667.5(c)(4) Sodomy as defined in subdivision (c) or (d) of Section 286.
(5)CA Penal Law Code § 667.5(c)(5) Oral copulation as defined in subdivision (c) or (d) of Section 287 or of former Section 288a.
(6)CA Penal Law Code § 667.5(c)(6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288.
(7)CA Penal Law Code § 667.5(c)(7) Any felony punishable by death or imprisonment in the state prison for life.
(8)CA Penal Law Code § 667.5(c)(8) Any felony in which the defendant inflicts great bodily injury on a person other than an accomplice, which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.
(9)CA Penal Law Code § 667.5(c)(9) Any robbery.
(10)CA Penal Law Code § 667.5(c)(10) Arson, in violation of subdivision (a) or (b) of Section 451.
(11)CA Penal Law Code § 667.5(c)(11) Sexual penetration as defined in subdivision (a) or (j) of Section 289.
(12)CA Penal Law Code § 667.5(c)(12) Attempted murder.
(13)CA Penal Law Code § 667.5(c)(13) A violation of Section 18745, 18750, or 18755.
(14)CA Penal Law Code § 667.5(c)(14) Kidnapping.
(15)CA Penal Law Code § 667.5(c)(15) Assault with the intent to commit a specified felony, in violation of Section 220.
(16)CA Penal Law Code § 667.5(c)(16) Continuous sexual abuse of a child, in violation of Section 288.5.
(17)CA Penal Law Code § 667.5(c)(17) Carjacking, as defined in subdivision (a) of Section 215.
(18)CA Penal Law Code § 667.5(c)(18) Rape or sexual penetration, in concert, in violation of Section 264.1.
(19)CA Penal Law Code § 667.5(c)(19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22.
(20)CA Penal Law Code § 667.5(c)(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22.
(21)CA Penal Law Code § 667.5(c)(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.
(22)CA Penal Law Code § 667.5(c)(22) Any violation of Section 12022.53.
(23)CA Penal Law Code § 667.5(c)(23) A violation of subdivision (b) or (c) of Section 11418.
(24)CA Penal Law Code § 667.5(c)(24) Rape as defined in paragraph (3) of subdivision (a) of Section 261, wherein it is pleaded and proved that the defendant caused the intoxication by administering a controlled substance to the victim without their consent and with the intent to sexually assault the victim.
(d)CA Penal Law Code § 667.5(d) For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody, including any period of mandatory supervision, or until release on parole or postrelease community supervision, whichever occurs first, including any time during which the defendant remains subject to reimprisonment or custody in county jail for escape from custody or is reimprisoned on revocation of parole or postrelease community supervision. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense.
(e)CA Penal Law Code § 667.5(e) The additional penalties provided for prior prison terms shall not be imposed for any felony for which the defendant did not serve a prior separate term in state prison or in county jail under subdivision (h) of Section 1170.
(f)CA Penal Law Code § 667.5(f) A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, if committed in California, is punishable by imprisonment in the state prison or in county jail under subdivision (h) of Section 1170 if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense that includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction.
(g)CA Penal Law Code § 667.5(g) A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprisonment on revocation of parole that is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.
(h)CA Penal Law Code § 667.5(h) Serving a prison term includes any confinement time in any state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement.
(i)CA Penal Law Code § 667.5(i) For the purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals, as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term.
(j)CA Penal Law Code § 667.5(j) For the purposes of this section, when a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term served in state prison.
(k)Copy CA Penal Law Code § 667.5(k)
(1)Copy CA Penal Law Code § 667.5(k)(1) Notwithstanding subdivisions (d) and (g) or any other law, when one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section.
(2)CA Penal Law Code § 667.5(k)(2) This subdivision does not apply when a full, separate, and consecutive term is imposed pursuant to any other law.

Section § 667.6

Explanation

This law sets out extra penalties for certain sexual offenses. If someone is convicted of a serious sexual crime and has similar past convictions, they can get an extra five years added to their sentence for each previous one. If they've served two or more prison terms for such crimes before, an extra ten years can be added for each of those. When these crimes involve the same victim at the same time, full separate sentences can be served consecutively.

Also, if crimes involve different victims or happen on different occasions with the same victim, separate sentences must be served one after another. The duration between crimes doesn't affect whether they are on separate occasions. A fine up to $20,000 might also be imposed, with some funds supporting child abuse prevention and victim support programs.

(a)CA Penal Law Code § 667.6(a) A person who is convicted of an offense specified in subdivision (e) and who has been convicted previously of any of those offenses shall receive a five-year enhancement for each of those prior convictions.
(b)CA Penal Law Code § 667.6(b) A person who is convicted of an offense specified in subdivision (e) and who has served two or more prior prison terms as defined in Section 667.5 for any of those offenses shall receive a 10-year enhancement for each of those prior terms.
(c)CA Penal Law Code § 667.6(c) In lieu of the term provided in Section 1170.1, a full, separate, and consecutive term may be imposed for each violation of an offense specified in subdivision (e) if the crimes involve the same victim on the same occasion. A term may be imposed consecutively pursuant to this subdivision if a person is convicted of at least one offense specified in subdivision (e). If the term is imposed consecutively pursuant to this subdivision, it shall be served consecutively to any other term of imprisonment, and shall commence from the time the person otherwise would have been released from imprisonment. The term shall not be included in any determination pursuant to Section 1170.1. Any other term imposed subsequent to that term shall not be merged therein but shall commence at the time the person otherwise would have been released from prison.
(d)Copy CA Penal Law Code § 667.6(d)
(1)Copy CA Penal Law Code § 667.6(d)(1)  A full, separate, and consecutive term shall be imposed for each violation of an offense specified in subdivision (e) if the crimes involve separate victims or involve the same victim on separate occasions.
(2)CA Penal Law Code § 667.6(d)(2)  In determining whether crimes against a single victim were committed on separate occasions under this subdivision, the court shall consider whether, between the commission of one sex crime and another, the defendant had a reasonable opportunity to reflect upon the defendant’s actions and nevertheless resumed sexually assaultive behavior. Neither the duration of time between crimes, nor whether or not the defendant lost or abandoned the opportunity to attack, shall be, in and of itself, determinative on the issue of whether the crimes in question occurred on separate occasions.
(3)CA Penal Law Code § 667.6(d)(3)  The term shall be served consecutively to any other term of imprisonment and shall commence from the time the person otherwise would have been released from imprisonment. The term shall not be included in any determination pursuant to Section 1170.1. Any other term imposed subsequent to that term shall not be merged therein but shall commence at the time the person otherwise would have been released from prison.
(e)CA Penal Law Code § 667.6(e) This section shall apply to the following offenses:
(1)CA Penal Law Code § 667.6(e)(1) Rape, in violation of paragraph (2), (3), (6), or (7) of subdivision (a) of Section 261.
(2)CA Penal Law Code § 667.6(e)(2) Rape, in violation of paragraph (1), (4), or (5) of subdivision (a) of former Section 262.
(3)CA Penal Law Code § 667.6(e)(3) Rape or sexual penetration, in concert, in violation of Section 264.1.
(4)CA Penal Law Code § 667.6(e)(4) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d) or (k), of Section 286.
(5)CA Penal Law Code § 667.6(e)(5) Lewd or lascivious act, in violation of subdivision (b) of Section 288.
(6)CA Penal Law Code § 667.6(e)(6) Continuous sexual abuse of a child, in violation of Section 288.5.
(7)CA Penal Law Code § 667.6(e)(7) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d) or (k), of Section 287 or of former Section 288a.
(8)CA Penal Law Code § 667.6(e)(8) Sexual penetration, in violation of subdivision (a) or (g) of Section 289.
(9)CA Penal Law Code § 667.6(e)(9) As a present offense under subdivision (c) or (d), assault with intent to commit a specified sexual offense, in violation of Section 220.
(10)CA Penal Law Code § 667.6(e)(10) As a prior conviction under subdivision (a) or (b), an offense committed in another jurisdiction that includes all of the elements of an offense specified in this subdivision.
(f)CA Penal Law Code § 667.6(f) In addition to any enhancement imposed pursuant to subdivision (a) or (b), the court may also impose a fine not to exceed twenty thousand dollars ($20,000) for anyone sentenced under those provisions. The fine imposed and collected pursuant to this subdivision shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs established pursuant to Section 13837. If the court orders a fine to be imposed pursuant to this subdivision, the actual administrative cost of collecting that fine, not to exceed 2 percent of the total amount paid, may be paid into the general fund of the county treasury for the use and benefit of the county.

Section § 667.7

Explanation

This law deals with what happens to people who have committed serious crimes and have been to prison before. If someone is convicted of a felony involving severe injuries or using great force, and they have already been to prison twice before for certain serious crimes (like murder or rape), they will be considered a repeat offender or "habitual offender."

If they've served two prior prison terms, they must be sentenced to life in prison but can potentially be paroled after 20 years. If they've been to prison three or more times for these serious crimes, they will get life without parole. This section doesn't stop a judge from giving the death penalty or life without parole if the situation requires it. However, the prison terms served more than 10 years ago, during which the person wasn't in trouble, don't count. For these rules to apply, the person's past prison terms have to be clearly stated and either admitted in court or proven by the jury or judge.

(a)CA Penal Law Code § 667.7(a) Any person convicted of a felony in which the person inflicted great bodily injury as provided in Section 12022.53 or 12022.7, or personally used force which was likely to produce great bodily injury, who has served two or more prior separate prison terms as defined in Section 667.5 for the crime of murder; attempted murder; voluntary manslaughter; mayhem; rape by force, violence, or fear of immediate and unlawful bodily injury on the victim or another person; oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; lewd acts on a child under the age of 14 years by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; a violation of subdivision (a) of Section 289 where the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; kidnapping as punished in former subdivision (d) of Section 208, or for ransom, extortion, or robbery; robbery involving the use of force or a deadly weapon; carjacking involving the use of a deadly weapon; assault with intent to commit murder; assault with a deadly weapon; assault with a force likely to produce great bodily injury; assault with intent to commit rape, sodomy, oral copulation, sexual penetration in violation of Section 289, or lewd and lascivious acts on a child; arson of a structure; escape or attempted escape by an inmate with force or violence in violation of subdivision (a) of Section 4530, or of Section 4532; exploding a destructive device with intent to murder in violation of Section 18745; exploding a destructive device which causes bodily injury in violation of Section 18750, or mayhem or great bodily injury in violation of Section 18755; exploding a destructive device with intent to injure, intimidate, or terrify, in violation of Section 18740; any felony in which the person inflicted great bodily injury as provided in Section 12022.53 or 12022.7; or any felony punishable by death or life imprisonment with or without the possibility of parole is a habitual offender and shall be punished as follows:
(1)CA Penal Law Code § 667.7(a)(1) A person who served two prior separate prison terms shall be punished by imprisonment in the state prison for life and shall not be eligible for release on parole for 20 years, or the term determined by the court pursuant to Section 1170 for the underlying conviction, including any enhancement applicable under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, or any period prescribed by Section 190 or 3046, whichever is greatest. Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce any minimum term in a state prison imposed pursuant to this section, but the person shall not otherwise be released on parole prior to that time.
(2)CA Penal Law Code § 667.7(a)(2) Any person convicted of a felony specified in this subdivision who has served three or more prior separate prison terms, as defined in Section 667.5, for the crimes specified in subdivision (a) of this section shall be punished by imprisonment in the state prison for life without the possibility of parole.
(b)CA Penal Law Code § 667.7(b) This section shall not prevent the imposition of the punishment of death or imprisonment for life without the possibility of parole. No prior prison term shall be used for this determination which was served prior to a period of 10 years in which the person remained free of both prison custody and the commission of an offense which results in a felony conviction. As used in this section, a commitment to the Department of the Youth Authority after conviction for a felony shall constitute a prior prison term. The term imposed under this section shall be imposed only if the prior prison terms are alleged under this section in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by a plea of guilty or nolo contendere or by a trial by the court sitting without a jury.

Section § 667.8

Explanation

This law states that if someone is convicted of certain sexual offenses and they kidnapped the victim to commit the crime, they face extra prison time. Generally, there's an additional nine-year sentence for kidnapping the victim unless the victim is under 14 years old, which increases the extra time to 15 years. Also, punishments can add up based on the number of victims or incidents involved, and this additional time can be added to the sentence for either the kidnapping or the sexual offense, but not both.

(a)CA Penal Law Code § 667.8(a) Except as provided in subdivision (b), a person convicted of a felony violation of Section 261, 264.1, 286, 287, or 289 or former Section 262 or 288a who, for the purpose of committing that sexual offense, kidnapped the victim in violation of Section 207 or 209, shall be punished by an additional term of nine years.
(b)CA Penal Law Code § 667.8(b) A person convicted of a felony violation of subdivision (c) of Section 286, subdivision (c) of Section 287 or former Section 288a, or Section 288 who, for the purpose of committing that sexual offense, kidnapped the victim, who was under 14 years of age at the time of the offense, in violation of Section 207 or 209, shall be punished by an additional term of 15 years. This subdivision does not apply to conduct proscribed by Section 277, 278, or 278.5.
(c)CA Penal Law Code § 667.8(c) The following shall govern the imposition of an enhancement pursuant to this section:
(1)CA Penal Law Code § 667.8(c)(1) Only one enhancement shall be imposed for a victim per incident.
(2)CA Penal Law Code § 667.8(c)(2) If there are two or more victims, one enhancement can be imposed for each victim per incident.
(3)CA Penal Law Code § 667.8(c)(3) The enhancement may be in addition to the punishment for either, but not both, of the following:
(A)CA Penal Law Code § 667.8(c)(3)(A) A violation of Section 207 or 209.
(B)CA Penal Law Code § 667.8(c)(3)(B) A violation of the sexual offenses enumerated in this section.

Section § 667.9

Explanation

This law adds extra time to the sentences of people who commit certain serious crimes against vulnerable victims. If someone is 65 or older, has a disability like being blind or deaf, or is a child under 14, and the criminal knows about their condition, a one-year sentence enhancement applies. If the offender has a past conviction for the same type of crime, they get an additional two-year enhancement. These specific crimes include mayhem, kidnapping, robbery, carjacking, and various types of sexual assaults and burglaries. The law further defines what 'developmentally disabled' means, focusing on severe, enduring disabilities affecting major life activities.

(a)CA Penal Law Code § 667.9(a) A person who commits one or more of the crimes specified in subdivision (c) against a person who is 65 years of age or older, or against a person who is blind, deaf, developmentally disabled, a paraplegic, or a quadriplegic, or against a person who is under 14 years of age, and that disability or condition is known or reasonably should be known to the person committing the crime, shall receive a one-year enhancement for each violation.
(b)CA Penal Law Code § 667.9(b) A person who commits a violation of subdivision (a) and who has a prior conviction for any of the offenses specified in subdivision (c), shall receive a two-year enhancement for each violation in addition to the sentence provided under Section 667.
(c)CA Penal Law Code § 667.9(c) Subdivisions (a) and (b) apply to the following crimes:
(1)CA Penal Law Code § 667.9(c)(1) Mayhem, in violation of Section 203 or 205.
(2)CA Penal Law Code § 667.9(c)(2) Kidnapping, in violation of Section 207, 209, or 209.5.
(3)CA Penal Law Code § 667.9(c)(3) Robbery, in violation of Section 211.
(4)CA Penal Law Code § 667.9(c)(4) Carjacking, in violation of Section 215.
(5)CA Penal Law Code § 667.9(c)(5) Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261.
(6)CA Penal Law Code § 667.9(c)(6) Rape, in violation of paragraph (1) or (4) of subdivision (a) of former Section 262.
(7)CA Penal Law Code § 667.9(c)(7) Rape or sexual penetration in concert, in violation of Section 264.1.
(8)CA Penal Law Code § 667.9(c)(8) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286.
(9)CA Penal Law Code § 667.9(c)(9) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 287 or of former Section 288a.
(10)CA Penal Law Code § 667.9(c)(10) Sexual penetration, in violation of subdivision (a) of Section 289.
(11)CA Penal Law Code § 667.9(c)(11) Burglary of the first degree, as defined in Section 460, in violation of Section 459.
(d)CA Penal Law Code § 667.9(d) As used in this section, “developmentally disabled” means a severe, chronic disability of a person, which is all of the following:
(1)CA Penal Law Code § 667.9(d)(1) Attributable to a mental or physical impairment or a combination of mental and physical impairments.
(2)CA Penal Law Code § 667.9(d)(2) Likely to continue indefinitely.
(3)CA Penal Law Code § 667.9(d)(3) Results in substantial functional limitation in three or more of the following areas of life activity:
(A)CA Penal Law Code § 667.9(d)(3)(A) Self-care.
(B)CA Penal Law Code § 667.9(d)(3)(B) Receptive and expressive language.
(C)CA Penal Law Code § 667.9(d)(3)(C) Learning.
(D)CA Penal Law Code § 667.9(d)(3)(D) Mobility.
(E)CA Penal Law Code § 667.9(d)(3)(E) Self-direction.
(F)CA Penal Law Code § 667.9(d)(3)(F) Capacity for independent living.
(G)CA Penal Law Code § 667.9(d)(3)(G) Economic self-sufficiency.

Section § 667.10

Explanation

This law increases the punishment for a specific crime if the offender has a prior conviction. If someone has previously committed a crime under Section 289 and then commits that crime against particularly vulnerable people, they will receive an additional two-year prison sentence for each offense. Vulnerable people include those aged 65 or older, under 14, or with disabilities like blindness, deafness, or developmental issues, which the offender knows or reasonably should know.

Additionally, the circumstances that qualify for this increased punishment must be formally stated in legal charges and either admitted by the defendant or determined to be true during a court process.

(a)CA Penal Law Code § 667.10(a) Any person who has a prior conviction of the offense set forth in Section 289 and who commits that crime against a person who is 65 years of age or older, or against a person who is blind, deaf, developmentally disabled, as defined in subdivision (d) of Section 667.9, a paraplegic, or a quadriplegic, or against a person who is under the age of 14 years, and that disability or condition is known or reasonably should be known to the person committing the crime, shall receive a two-year enhancement for each violation in addition to the sentence provided under Section 289.
(b)CA Penal Law Code § 667.10(b) The existence of any fact which would bring a person under subdivision (a) shall be alleged in the information or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury.

Section § 667.15

Explanation

This law states that if an adult shows a minor under 14 any sexual content that involves a minor, with the intent of sexual arousal or seduction, they can face additional penalties if they're also charged with specific crimes against children. If they commit or try to commit a crime under Section 288, they'll get an extra one-year sentence. If it's under Section 288.5, they'll receive an additional two-year sentence. These added penalties are consecutive to other sentences for those crimes.

Any adult who, prior to or during the commission or attempted commission of a violation of Section 288 or 288.5, exhibits to the minor any matter, as defined in subdivision (d) of Section 311.11, the production of which involves the use of a person under the age of 14 years, knowing that the matter depicts a person under the age of 14 years personally engaging in or simulating sexual conduct, as defined in subdivision (d) of Section 311.4, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or of the minor, or with the intent, or for the purpose, of seducing the minor, shall be punished for a violation of this section as follows:
(a)CA Penal Law Code § 667.15(a) If convicted of the commission or attempted commission of a violation of Section 288, the adult shall receive an additional term of one year, which punishment shall be imposed in addition and consecutive to the punishment imposed for the commission or attempted commission of a violation of Section 288.
(b)CA Penal Law Code § 667.15(b) If convicted of the commission or attempted commission of a violation of Section 288.5, the adult shall receive an additional term of two years, which punishment shall be imposed in addition and consecutive to the punishment imposed for the commission or attempted commission of a violation of Section 288.5.

Section § 667.16

Explanation

If someone is convicted of certain fraud-related felonies, such as forgery or theft, and these crimes are part of a scheme to defraud property owners (residential or nonresidential) during repairs or improvements due to a natural disaster, they can receive an extra year added to their sentence. This extra term is only applied if it's officially charged and proven in court.

This penalty enhancement applies when a state of emergency is declared by the Governor or the President. However, the court can choose not to apply this additional year if there are specific mitigating circumstances and it provides reasons for this decision.

(a)CA Penal Law Code § 667.16(a) Any person convicted of a felony violation of Section 470, 487, or 532 as part of a plan or scheme to defraud an owner of a residential or nonresidential structure, including a mobilehome or manufactured home, in connection with the offer or performance of repairs or improvements to the structure or property, or by adding to, or subtracting from, grounds in connection therewith, for damage caused by a natural disaster, shall receive a one-year enhancement in addition and consecutive to the penalty prescribed. The additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(b)CA Penal Law Code § 667.16(b) This enhancement applies to natural disasters for which a state of emergency is proclaimed by the Governor pursuant to Section 8625 of the Government Code or for which an emergency or major disaster is declared by the President of the United States.
(c)CA Penal Law Code § 667.16(c) Notwithstanding any other law, the court may strike the additional term provided in subdivision (a) if the court determines that there are mitigating circumstances and states on the record the reasons for striking the additional punishment.

Section § 667.17

Explanation

If someone breaks the rules of Section 538d while committing a felony, they will get an extra one-year jail term on top of the punishment for the felony itself. This extra year replaces any penalty that Section 538d would normally give.

Any person who violates the provisions of Section 538d during the commission of a felony shall receive an additional one-year term of imprisonment to be imposed consecutive to the term imposed for the felony, in lieu of the penalty that would have been imposed under Section 538d.

Section § 667.51

Explanation

If someone is convicted of certain serious crimes like child sexual abuse (Sections 288 or 288.5), they can get an extra five years added to their sentence if they've previously been convicted of related offenses, including specific sexual crimes.

If someone has two or more prior convictions for these kinds of crimes and commits another, they face a much harsher sentence ranging from 15 years to life in state prison.

(a)CA Penal Law Code § 667.51(a) A person who is convicted of violating Section 288 or 288.5 shall receive a five-year enhancement for a prior conviction of an offense specified in subdivision (b).
(b)CA Penal Law Code § 667.51(b) Section 261, 264.1, 269, 285, 286, 287, 288, 288.5, or 289, former Section 262 or 288a, or any offense committed in another jurisdiction that includes all of the elements of any of the offenses specified in this subdivision.
(c)CA Penal Law Code § 667.51(c) A violation of Section 288 or 288.5 by a person who has been previously convicted two or more times of an offense specified in subdivision (b) shall be punished by imprisonment in the state prison for 15 years to life.

Section § 667.61

Explanation

This law section establishes severe penalties for certain sexual offenses, emphasizing harsher punishment based on specific circumstances. If someone is convicted of crimes like rape or lewd acts, and certain aggravating factors are present, they can face either 25 years to life or 15 years to life in prison.

Aggravating factors include using a weapon, kidnapping, prior convictions for similar offenses, multiple victims, inflicting bodily harm, or committing the crime during a burglary. These circumstances must be proven in court. If a child under 14 is the victim, offenders may face life in prison without the possibility of parole, depending on their age at the time of the crime.

Probation and sentence suspension for these offenses are not allowed. The law requires consecutive sentences if multiple offenses involve separate victims or are committed on different occasions.

(a)CA Penal Law Code § 667.61(a) Except as provided in subdivision (j), (l), or (m), a person who is convicted of an offense specified in subdivision (c) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 25 years to life.
(b)CA Penal Law Code § 667.61(b) Except as provided in subdivision (a), (j), (l), or (m), a person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 15 years to life.
(c)CA Penal Law Code § 667.61(c) This section shall apply to any of the following offenses:
(1)CA Penal Law Code § 667.61(c)(1) Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261.
(2)CA Penal Law Code § 667.61(c)(2) Rape, in violation of paragraph (1) or (4) of subdivision (a) of former Section 262.
(3)CA Penal Law Code § 667.61(c)(3) Rape or sexual penetration, in concert, in violation of Section 264.1.
(4)CA Penal Law Code § 667.61(c)(4) Lewd or lascivious act, in violation of subdivision (b) of Section 288.
(5)CA Penal Law Code § 667.61(c)(5) Sexual penetration, in violation of subdivision (a) of Section 289.
(6)CA Penal Law Code § 667.61(c)(6) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286.
(7)CA Penal Law Code § 667.61(c)(7) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 287 or former Section 288a.
(8)CA Penal Law Code § 667.61(c)(8) Lewd or lascivious act, in violation of subdivision (a) of Section 288.
(9)CA Penal Law Code § 667.61(c)(9) Continuous sexual abuse of a child, in violation of Section 288.5.
(d)CA Penal Law Code § 667.61(d) The following circumstances shall apply to the offenses specified in subdivision (c):
(1)CA Penal Law Code § 667.61(d)(1) The defendant has been previously convicted of an offense specified in subdivision (c), including an offense committed in another jurisdiction that includes all of the elements of an offense specified in subdivision (c).
(2)CA Penal Law Code § 667.61(d)(2) The defendant kidnapped the victim of the present offense and the movement of the victim substantially increased the risk of harm to the victim over and above that level of risk necessarily inherent in the underlying offense in subdivision (c).
(3)CA Penal Law Code § 667.61(d)(3) The defendant inflicted aggravated mayhem or torture on the victim or another person in the commission of the present offense in violation of Section 205 or 206.
(4)CA Penal Law Code § 667.61(d)(4) The defendant committed the present offense during the commission of a burglary of the first degree, as defined in subdivision (a) of Section 460, with intent to commit an offense specified in subdivision (c).
(5)CA Penal Law Code § 667.61(d)(5) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 287 or former Section 288a, and, in the commission of that offense, any person committed any act described in paragraph (2), (3), or (4) of this subdivision.
(6)CA Penal Law Code § 667.61(d)(6) The defendant personally inflicted great bodily injury on the victim or another person in the commission of the present offense in violation of Section 12022.53, 12022.7, or 12022.8.
(7)CA Penal Law Code § 667.61(d)(7) The defendant personally inflicted bodily harm on the victim who was under 14 years of age.
(e)CA Penal Law Code § 667.61(e) The following circumstances shall apply to the offenses specified in subdivision (c):
(1)CA Penal Law Code § 667.61(e)(1) Except as provided in paragraph (2) of subdivision (d), the defendant kidnapped the victim of the present offense in violation of Section 207, 209, or 209.5.
(2)CA Penal Law Code § 667.61(e)(2) Except as provided in paragraph (4) of subdivision (d), the defendant committed the present offense during the commission of a burglary in violation of Section 459.
(3)CA Penal Law Code § 667.61(e)(3) The defendant personally used a dangerous or deadly weapon or a firearm in the commission of the present offense in violation of Section 12022, 12022.3, 12022.5, or 12022.53.
(4)CA Penal Law Code § 667.61(e)(4) The defendant has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim.
(5)CA Penal Law Code § 667.61(e)(5) The defendant engaged in the tying or binding of the victim or another person in the commission of the present offense.
(6)CA Penal Law Code § 667.61(e)(6) The defendant administered a controlled substance to the victim in the commission of the present offense in violation of Section 12022.75.
(7)CA Penal Law Code § 667.61(e)(7) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 287 or former Section 288a, and, in the commission of that offense, any person committed an act described in paragraph (1), (2), (3), (5), or (6) of this subdivision or paragraph (6) of subdivision (d).
(f)CA Penal Law Code § 667.61(f) If only the minimum number of circumstances specified in subdivision (d) or (e) that are required for the punishment provided in subdivision (a), (b), (j), (l), or (m) to apply have been pled and proved, that circumstance or those circumstances shall be used as the basis for imposing the term provided in subdivision (a), (b), (j), (l), or (m) whichever is greater, rather than being used to impose the punishment authorized under any other law, unless another law provides for a greater penalty or the punishment under another law can be imposed in addition to the punishment provided by this section. However, if any additional circumstance or circumstances specified in subdivision (d) or (e) have been pled and proved, the minimum number of circumstances shall be used as the basis for imposing the term provided in subdivision (a), (j), or (l) and any other additional circumstance or circumstances shall be used to impose any punishment or enhancement authorized under any other law.
(g)CA Penal Law Code § 667.61(g) Notwithstanding Section 1385 or any other law, the court shall not strike any allegation, admission, or finding of any of the circumstances specified in subdivision (d) or (e) for any person who is subject to punishment under this section.
(h)CA Penal Law Code § 667.61(h) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person who is subject to punishment under this section.
(i)CA Penal Law Code § 667.61(i) For any offense specified in paragraphs (1) to (7), inclusive, of subdivision (c), or in paragraphs (1) to (6), inclusive, of subdivision (n), the court shall impose a consecutive sentence for each offense that results in a conviction under this section if the crimes involve separate victims or involve the same victim on separate occasions as defined in subdivision (d) of Section 667.6.
(j)Copy CA Penal Law Code § 667.61(j)
(1)Copy CA Penal Law Code § 667.61(j)(1) A person who is convicted of an offense specified in subdivision (c), with the exception of a violation of subdivision (a) of Section 288, upon a victim who is a child under 14 years of age under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), shall be punished by imprisonment in the state prison for life without the possibility of parole. Where the person was under 18 years of age at the time of the offense, the person shall be punished by imprisonment in the state prison for 25 years to life.
(2)CA Penal Law Code § 667.61(j)(2) A person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e), upon a victim who is a child under 14 years of age, shall be punished by imprisonment in the state prison for 25 years to life.
(k)CA Penal Law Code § 667.61(k) As used in this section, “bodily harm” means any substantial physical injury resulting from the use of force that is more than the force necessary to commit an offense specified in subdivision (c).
(l)CA Penal Law Code § 667.61(l) A person who is convicted of an offense specified in subdivision (n) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), upon a victim who is a minor 14 years of age or older shall be punished by imprisonment in the state prison for life without the possibility of parole. If the person who was convicted was under 18 years of age at the time of the offense, the person shall be punished by imprisonment in the state prison for 25 years to life.
(m)CA Penal Law Code § 667.61(m) A person who is convicted of an offense specified in subdivision (n) under one of the circumstances specified in subdivision (e) against a minor 14 years of age or older shall be punished by imprisonment in the state prison for 25 years to life.
(n)CA Penal Law Code § 667.61(n) Subdivisions (l) and (m) shall apply to any of the following offenses:
(1)CA Penal Law Code § 667.61(n)(1) Rape, in violation of paragraph (2) of subdivision (a) of Section 261.
(2)CA Penal Law Code § 667.61(n)(2) Rape, in violation of paragraph (1) of subdivision (a) of former Section 262.
(3)CA Penal Law Code § 667.61(n)(3) Rape or sexual penetration, in concert, in violation of Section 264.1.
(4)CA Penal Law Code § 667.61(n)(4) Sexual penetration, in violation of paragraph (1) of subdivision (a) of Section 289.
(5)CA Penal Law Code § 667.61(n)(5) Sodomy, in violation of paragraph (2) of subdivision (c) of Section 286, or in violation of subdivision (d) of Section 286.
(6)CA Penal Law Code § 667.61(n)(6) Oral copulation, in violation of paragraph (2) of subdivision (c) of Section 287 or former Section 288a, or in violation of subdivision (d) of Section 287 or former Section 288a.
(o)CA Penal Law Code § 667.61(o) The penalties provided in this section shall apply only if the existence of any circumstance specified in subdivision (d) or (e) is alleged in the accusatory pleading pursuant to this section, and is either admitted by the defendant in open court or found to be true by the trier of fact.

Section § 667.70

Explanation

If someone was convicted of murder before June 3, 1998, under specific sentencing rules, they can only earn credits that might reduce their time served according to certain guidelines in another section called 2931.

Any person who is convicted of murder, which was committed prior to June 3, 1998, and sentenced pursuant to paragraph (1) of subdivision (a) of Section 667.7, shall be eligible only for credit pursuant to subdivisions (a), (b), and (c) of Section 2931.

Section § 667.71

Explanation

This law pertains to individuals considered habitual sexual offenders, meaning they have prior convictions for certain sexual offenses and are again convicted of a similar crime. Such offenders are subject to a sentence of 25 years to life in state prison.

The law lists specific crimes that qualify someone as a habitual offender, including various forms of rape, sexual penetration, lewd acts, child sexual abuse, sodomy, oral copulation, kidnapping with sexual intent, and aggravated sexual assault of a child.

The law also states that no court can dismiss prior convictions and prohibits granting probation or suspending sentences for these offenders.

To apply this section, the offender's status must be formally alleged and either admitted or proven in court.

(a)CA Penal Law Code § 667.71(a) For the purpose of this section, a habitual sexual offender is a person who has been previously convicted of one or more of the offenses specified in subdivision (c) and who is convicted in the present proceeding of one of those offenses.
(b)CA Penal Law Code § 667.71(b) A habitual sexual offender shall be punished by imprisonment in the state prison for 25 years to life.
(c)CA Penal Law Code § 667.71(c) This section shall apply to any of the following offenses:
(1)CA Penal Law Code § 667.71(c)(1) Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261.
(2)CA Penal Law Code § 667.71(c)(2) Rape, in violation of paragraph (1) or (4) of subdivision (a) of former Section 262.
(3)CA Penal Law Code § 667.71(c)(3) Rape or sexual penetration, in concert, in violation of Section 264.1.
(4)CA Penal Law Code § 667.71(c)(4) Lewd or lascivious act, in violation of subdivision (a) or (b) of Section 288.
(5)CA Penal Law Code § 667.71(c)(5) Sexual penetration, in violation of subdivision (a) or (j) of Section 289.
(6)CA Penal Law Code § 667.71(c)(6) Continuous sexual abuse of a child, in violation of Section 288.5.
(7)CA Penal Law Code § 667.71(c)(7) Sodomy, in violation of subdivision (c) or (d) of Section 286.
(8)CA Penal Law Code § 667.71(c)(8) Oral copulation, in violation of subdivision (c) or (d) of Section 287 or of former Section 288a.
(9)CA Penal Law Code § 667.71(c)(9) Kidnapping, in violation of subdivision (b) of Section 207.
(10)CA Penal Law Code § 667.71(c)(10) Kidnapping, in violation of former subdivision (d) of Section 208 (kidnapping to commit specified sex offenses).
(11)CA Penal Law Code § 667.71(c)(11) Kidnapping, in violation of subdivision (b) of Section 209 with the intent to commit a specified sexual offense.
(12)CA Penal Law Code § 667.71(c)(12) Aggravated sexual assault of a child, in violation of Section 269.
(13)CA Penal Law Code § 667.71(c)(13) An offense committed in another jurisdiction that includes all of the elements of an offense specified in this subdivision.
(d)CA Penal Law Code § 667.71(d) Notwithstanding Section 1385 or any other law, the court shall not strike any allegation, admission, or finding of any prior conviction specified in subdivision (c) for a person who is subject to punishment under this section.
(e)CA Penal Law Code § 667.71(e) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person who is subject to punishment under this section.
(f)CA Penal Law Code § 667.71(f) This section shall apply only if the defendant’s status as a habitual sexual offender is alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the trier of fact.

Section § 667.75

Explanation

If someone has been convicted of certain drug-related offenses and has already served two or more separate prison terms for similar offenses, they could face life imprisonment without the possibility of parole for at least 17 years or a longer term determined by the court, whichever is greater. However, they can reduce the minimum term under certain prison rules. Previous prison terms can't be counted if over 10 years have passed during which the person has neither been imprisoned nor committed a felony. Prior terms include those spent in the Department of Youth Authority for a felony. To impose this punishment, the prior terms must be officially stated and either admitted by the defendant or proven in court.

Any person convicted of a violation of Section 11353, 11353.5, 11361, 11380, or 11380.5 of the Health and Safety Code who has previously served two or more prior separate prison terms, as defined in Section 667.5, for a violation of Section 11353, 11353.5, 11361, 11380, or 11380.5 of the Health and Safety Code, may be punished by imprisonment in the state prison for life and shall not be eligible for release on parole for 17 years, or the term determined by the court pursuant to Section 1170 for the underlying conviction, including any enhancement applicable under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, whichever is greatest. The provisions of Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce any minimum term in a state prison imposed pursuant to this section, but the person shall not otherwise be released on parole prior to that time. No prior prison term shall be used for this determination which was served prior to a period of 10 years in which the person remained free of both prison custody and the commission of an offense which results in a felony conviction. As used in this section, a commitment to the Department of the Youth Authority after conviction for a felony shall constitute a prior prison term. The term imposed under this section shall be imposed only if the prior prison terms are alleged under this section in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by a plea of guilty or nolo contendere or by a trial by the court sitting without a jury.

Section § 667.85

Explanation

This law states that if someone is found guilty of kidnapping or carrying away a child under 14 years old to permanently take them away from their parent or guardian, they will face an extra five years in state prison.

Any person convicted of a violation of Section 207 or 209, who kidnapped or carried away any child under the age of 14 years with the intent to permanently deprive the parent or legal guardian custody of that child, shall be punished by imprisonment in the state prison for an additional five years.

Section § 667.95

Explanation

This law states that if someone is convicted of a violent felony, and they filmed the crime to encourage or help with it, the judge can use that video as a reason to impose a harsher sentence.

In sentencing a person convicted of a violent felony listed in subdivision (c) of Section 667.5, the court may consider, as a factor in aggravation, that the defendant willfully recorded a video of the commission of the violent felony with the intent to encourage or facilitate the offense.

Section § 668

Explanation

If someone has been convicted of a crime in another state or country that is similar to a crime punishable by imprisonment in California, that past conviction can affect how they are punished for any new crime they commit in California. This can include increased penalties or longer prison terms like those used for prior convictions within California.

Every person who has been convicted in any other state, government, country, or jurisdiction of an offense for which, if committed within this state, that person could have been punished under the laws of this state by imprisonment in the state prison, is punishable for any subsequent crime committed within this state in the manner prescribed by law and to the same extent as if that prior conviction had taken place in a court of this state. The application of this section includes, but is not limited to, all statutes that provide for an enhancement or a term of imprisonment based on a prior conviction or a prior prison term or a term pursuant to subdivision (h) of Section 1170.

Section § 668.5

Explanation

This law says that if a felony conviction is referred to by a specific code section, it should also include any earlier laws that have the same elements as that conviction. This is important for rules that increase penalties or prison time based on previous convictions or prison terms.

An offense specified as a prior felony conviction by reference to a specific code section shall include any prior felony conviction under any predecessor statute of that specified offense that includes all of the elements of that specified offense. The application of this section includes, but is not limited to, all statutes that provide for an enhancement or a term of imprisonment based on a prior conviction or a prior prison term.

Section § 669

Explanation

This law explains how prison sentences are determined when someone is convicted of multiple crimes. If a person is found guilty of more than one crime, the court decides if the sentences will be served at the same time (concurrently) or back-to-back (consecutively). If there's a life sentence involved, any other fixed-term sentence must be served first and doesn't count towards parole eligibility. If a court doesn't know about a prior conviction at the time of sentencing, or doesn't decide on how the sentences should be served, the new sentence will run concurrently by default, unless the court decides within 60 days. The Department of Corrections and Rehabilitation must inform the court about any previous sentences that have not been fully served. If any crime requires a state prison sentence, all sentences will be served in state prison even if some could have been served in county jail.

(a)CA Penal Law Code § 669(a) When a person is convicted of two or more crimes, whether in the same proceeding or court or in different proceedings or courts, and whether by judgment rendered by the same judge or by different judges, the second or other subsequent judgment upon which sentence is ordered to be executed shall direct whether the terms of imprisonment or any of them to which he or she is sentenced shall run concurrently or consecutively. Life sentences, whether with or without the possibility of parole, may be imposed to run consecutively with one another, with any term imposed for applicable enhancements, or with any other term of imprisonment for a felony conviction. Whenever a person is committed to prison on a life sentence which is ordered to run consecutive to any determinate term of imprisonment, the determinate term of imprisonment shall be served first and no part thereof shall be credited toward the person’s eligibility for parole as calculated pursuant to Section 3046 or pursuant to any other section of law that establishes a minimum period of confinement under the life sentence before eligibility for parole.
(b)CA Penal Law Code § 669(b) In the event that the court at the time of pronouncing the second or other judgment upon that person had no knowledge of a prior existing judgment or judgments, or having knowledge, fails to determine how the terms of imprisonment shall run in relation to each other, then, upon that failure to determine, or upon that prior judgment or judgments being brought to the attention of the court at any time prior to the expiration of 60 days from and after the actual commencement of imprisonment upon the second or other subsequent judgments, the court shall, in the absence of the defendant and within 60 days of the notice, determine how the term of imprisonment upon the second or other subsequent judgment shall run with reference to the prior incompleted term or terms of imprisonment. Upon the failure of the court to determine how the terms of imprisonment on the second or subsequent judgment shall run, the term of imprisonment on the second or subsequent judgment shall run concurrently.
(c)CA Penal Law Code § 669(c) The Department of Corrections and Rehabilitation shall advise the court pronouncing the second or other subsequent judgment of the existence of all prior judgments against the defendant, the terms of imprisonment of which have not been completely served.
(d)CA Penal Law Code § 669(d) When a court imposes a concurrent term of imprisonment and imprisonment for one of the crimes is required to be served in the state prison, the term for all crimes shall be served in the state prison, even if the term for any other offense specifies imprisonment in a county jail pursuant to subdivision (h) of Section 1170.

Section § 670

Explanation

This law targets individuals who defraud property owners by scheming to make repairs or improvements on properties damaged by a natural disaster. If someone commits fraud in such cases, especially when there's been a disaster officially recognized by the Governor or President, penalties can be doubled.

If a person has a prior felony conviction for similar fraud, they face an additional year of imprisonment. Additionally, courts must order full restitution to victims, which can affect probation terms, making probation last at least five years or until restitution is paid.

Furthermore, any fines collected can also cover the costs of the investigation and prosecution. This statute ensures that those exploiting disaster situations for financial gain are held accountable with strict penalties and reimbursement requirements.

(a)CA Penal Law Code § 670(a) Any person who violates Section 7158 or 7159 of, or subdivision (b), (c), (d), or (e) of Section 7161 of, the Business and Professions Code or Section 470, 484, 487, or 532 of this code as part of a plan or scheme to defraud an owner or lessee of a residential or nonresidential structure in connection with the offer or performance of repairs or improvements to the structure or property, or the adding to, or subtracting from, grounds in connection therewith, for damage or destruction caused by a natural disaster specified in subdivision (b), shall be subject to the penalties and enhancements specified in subdivisions (c) and (d). The existence of any fact which would bring a person under this section shall be alleged in the information or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by a plea of guilty or nolo contendere or by trial by the court sitting without a jury.
(b)CA Penal Law Code § 670(b) This section applies to natural disasters for which a state of emergency is proclaimed by the Governor pursuant to Section 8625 of the Government Code or for which an emergency or major disaster is declared by the President of the United States.
(c)CA Penal Law Code § 670(c) The maximum or prescribed amounts of fines for offenses subject to this section shall be doubled. If the person has been previously convicted of a felony offense specified in subdivision (a), the person shall receive a one-year enhancement in addition to, and to run consecutively to, the term of imprisonment for any felony otherwise prescribed by this subdivision.
(d)CA Penal Law Code § 670(d) Additionally, the court shall order any person sentenced pursuant to this section to make full restitution to the victim or to make restitution to the victim based on the person’s ability to pay, as defined in subdivision (e) of Section 1203.1b. The payment of the restitution ordered by the court pursuant to this subdivision shall be made a condition of any probation granted by the court for an offense punishable under this section. Notwithstanding any other provision of law, the period of probation shall be at least five years or until full restitution is made to the victim, whichever first occurs.
(e)CA Penal Law Code § 670(e) Notwithstanding any other provision of law, the prosecuting agency shall be entitled to recover its costs of investigation and prosecution from any fines imposed for a conviction under this section.

Section § 672

Explanation

If someone is convicted of a crime that doesn't have a specific fine already listed, the court can choose to add a fine. The fine can be up to $1,000 for misdemeanors and up to $10,000 for felonies, on top of any jail or prison time.

Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies, in addition to the imprisonment prescribed.

Section § 673

Explanation

This law makes it illegal to use cruel, corporal, or unusual punishment in places like jails, hospitals, or any government facility. It prohibits punishments such as the straitjacket, gag, or thumbscrew. It also bans any treatment or neglect that could harm an inmate's health. Violating this law or helping someone else do so is considered a misdemeanor crime.

It shall be unlawful to use in the reformatories, institutions, jails, state hospitals or any other state, county, or city institution any cruel, corporal or unusual punishment or to inflict any treatment or allow any lack of care whatever which would injure or impair the health of the prisoner, inmate, or person confined; and punishment by the use of the strait jacket, gag, thumbscrew, shower bath or the tricing up of a prisoner, inmate or person confined is hereby prohibited. Any person who violates the provisions of this section or who aids, abets, or attempts in any way to contribute to the violation of this section shall be guilty of a misdemeanor.

Section § 674

Explanation

This law states that if a person caring for children at a day care center commits certain serious crimes, like sexual assault, against a child in their care, they can receive extra prison time. If they worked with someone else to commit the crime, the additional punishment is even longer. These added penalties are on top of any other legal consequences they might face.

(a)CA Penal Law Code § 674(a) Any person who is a primary care provider in a day care facility and who is convicted of a felony violation of Section 261, 285, 286, 287, 288, or 289 or former Section 288a, where the victim of the crime was a minor entrusted to his or her care by the minor’s parent or guardian, a court, any public agency charged with the provision of social services, or a probation department, may be punished by an additional term of two years.
(b)CA Penal Law Code § 674(b) If the crime described in subdivision (a) was committed while voluntarily acting in concert with another, the person so convicted may be punished by an additional term of three years.
(c)CA Penal Law Code § 674(c) The enhancements authorized by this section may be imposed in addition to any other required or authorized enhancement.

Section § 675

Explanation

If someone is convicted of certain serious crimes, where the crime involved a minor in exchange for money or something of value, they will face an extra year in state prison. This additional punishment can be added on top of any other penalties they might receive.

(a)CA Penal Law Code § 675(a) Any person suffering a felony conviction for a violation of subdivision (c) or (d) of Section 261.5, paragraph (1) or (2) of subdivision (b) or paragraph (1) of subdivision (c) of Section 286, paragraph (1) or (2) of subdivision (b) or paragraph (1) of subdivision (c) of Section 287 or former Section 288a, or subdivision (a) or paragraph (1) of subdivision (c) of Section 288, where the offense was committed with a minor for money or other consideration, is punishable by an additional term of imprisonment in the state prison of one year.
(b)CA Penal Law Code § 675(b) The enhancements authorized by this section may be imposed in addition to any other required or authorized enhancement.

Section § 678

Explanation

This law says that when determining the seriousness of a crime or its penalties based on the value of property, the value must be calculated using U.S. dollars.

Whenever in this code the character or grade of an offense, or its punishment, is made to depend upon the value of property, such value shall be estimated exclusively in lawful money of the United States.