HomeMy WebLinkAbout2022-02-08 - AGENDA REPORTS - AB 1599O
Agenda Item: 6
1. CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: �1 A11�44-1)
DATE: February 8, 2022
SUBJECT: STATE LEGISLATION: ASSEMBLY BILL 1599
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the City Council Legislative Committee recommendation to support
Assembly Bill 1599 (Kiley) and transmit position statements to Assembly Member Kiley, Santa
Clarita's state legislative delegation, appropriate legislative committees, Governor Newsom, and
the League of California Cities.
BACKGROUND
Authored by Assembly Member Kevin Kiley (R-6-Rocklin), Assembly Bill 1599 repeals
Proposition 47 (2014), except for provisions related to reducing the penalty for possession of
concentrated cannabis.
Upon passage by the state legislature and approval by the Governor, this repeal to Proposition 47
(2014) is to be placed on the general election ballot on November 8, 2022, and requires a
majority vote for final approval.
Proposition 47 (2014) titled, "The Safe Neighborhoods and Schools Act," was approved by
voters (59.6 percent - 40.4 percent) on November 4, 2014, and went into effect on November 5,
2014. At the City level, the measure failed with 47.2 percent of voters in favor and 52.8 percent
of voters against.
Proposition 47 (2014) reduced penalties for certain nonserious and nonviolent property and drug
offenses from felonies or wobblers, which could be charged as either a felony or misdemeanor,
to misdemeanors. The measure excluded certain offenders who have committed certain severe
crimes listed in the measure, including murder and certain sex and gun crimes. Specifically, the
measure reduced the penalties for the following crimes:
• Grand Theft: Under previous state law, theft of property worth $950 or less was charged as
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petty theft, which is a misdemeanor or an infraction. However, such crimes could
sometimes be charged as grand theft and prosecuted as a felony, if the crime involved the
theft of certain property, such as a car, or if the offender had previously committed certain
theft -related crimes. A felony conviction for grand theft is a sentence of up to three years in
state prison.
With the approval of Proposition 47 (2014), such crimes can no longer be charged as grand
theft, or potentially a felony, solely because of the type of property involved or because the
defendant had previously committed certain theft -related crimes and instead can only be
charged as a misdemeanor, which is up to one year in county jail and/or a fine up to $1,000.
• Shoplifting: Under previous state law, shoplifting property worth $950 or less, a type of
petty theft, was a misdemeanor. However, such crimes could also be charged as burglary,
instead, if the shoplifter intended to shoplift upon entering the store, which could be
prosecuted as a felony and sentenced up to three years in state prison.
With the approval of Proposition 47 (2014), shoplifting property worth $950 or less is a
misdemeanor, regardless of intent, and holds a sentence of up to one year in county jail
and/or a fine up to $1,000.
• Receiving Stolen Property: Under previous state law, individuals charged with receiving
stolen property could be convicted of a felony and sentenced to up to three years in state
prison.
With the approval of Proposition 47 (2014), receiving stolen property worth $950 or less is
a misdemeanor and up to one year in county jail and/or a fine up to $1,000.
• Writing Bad Checks: Under previous state law, writing a bad check was generally a
misdemeanor. However, if the check was worth more than $450, or if the offender had
previously committed a crime related to forgery, it could be prosecuted as a felony and
sentenced to up to three years in state prison.
With the approval of Proposition 47 (2014), it is a misdemeanor and sentenced to up to one
year in a county jail and/or a fine up to $1,000 to write a bad check unless the check is
worth more than $950 or the offender has previously committed three forgery related
crimes, in which case the offense could be prosecuted as a felony.
• Check Forgery: Under previous state law, forging a check of any amount could be
prosecuted as a felony.
With the approval of Proposition 47 (2014), forging a check worth $950 or less is a
misdemeanor, except that it could be charged as a felony if the offender commits identity
theft in connection with forging a check.
• Drug Possession: Under previous state law, possession for personal use of most illegal
drugs (such as cocaine or heroin) could be prosecuted as a felony and sentenced to up to
three years in state prison, depending on the amount and type of drug.
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With the approval of Proposition 47 (2014), drug possession is a misdemeanor, regardless
of the type of drug and punishable of up to one year in a county jail and/or a fine up to
$1,000.
According to the California Department of Justice, violent crimes increased by approximately 40
percent and property crimes increased by approximately 14 percent statewide from when the
measure took effect in 2014 to 2017. Similarly, in Los Angeles County, violent crimes increased
by approximately 18 percent and property crimes increased by approximately 4 percent over that
same period of time.
Coupled with Special Directives issued by Los Angeles County District Attorney George
Gascon, including the elimination of pretrial bail for misdemeanor, non -serious felony, and non-
violent felony charges and automatically declining or dismissing several misdemeanor charges,
repeat offenders, which can be used as an indicator to measure how recently adopted policies
have impacted public safety, make up a significant portion of arrests in the Santa Clarita Valley.
Specifically, repeat offenders were over a third of all arrests made by the Santa Clarita Valley
Sheriff's Station in 2021. To provide greater detail on the severity of repeat offenders, two
individuals have been arrested more than 20 times and over 35 individuals have been arrested 10
or more times since March 2020 by the Santa Clarita Valley Sheriff's Station.
The recommendation to support Assembly Bill 1599 is consistent with the City of Santa Clarita
2022 Executive and Legislative Platform. Specifically, Component 2 under the "State" section
advises that the City Council, "Support legislative efforts to address the negative impacts of AB
109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement
with the appropriate tools to reduce criminal activity."
Assembly Bill 1599 was introduced on January 3, 2022, and referred to the Assembly Committee
on Public Safety on January 14, 2022. This bill may be heard in the Committee beginning on
February 3, 2022.
The City Council Legislative Committee met on January 24, 2022, and recommends that the City
Council adopt a "support" position on Assembly Bill 1599.
ALTERNATIVE ACTION
1. Adopt an "oppose" position on Assembly Bill 1599.
2. Adopt a "neutral" position on Assembly Bill 1599.
3. Take no action on Assembly Bill 1599.
4. Refer Assembly Bill 1599 back to the Legislative Committee.
5_ Other direction, as provided by the City Council.
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FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted FY 2021-22 budget.
ATTACHMENTS
Assembly Bill 1599 - Bill Text
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CALIFORNIA LEGISLATURE-2021-22 REGULAR SESSION
ASSEMBLY BILL No. 1599
Introduced by Assembly Members Kiley, Gallagher, and Patterson
(Coauthors: Assembly Members Choi, Davies, Flora, Lackey,
Nguyen, Seyarto, Smith, and Waldron)
(Coauthors: Senators Jones, Melendez, Nielsen, and Wilk)
January 3, 2022
An act to repeal Chapter 33 (commencing with Section 7599) of
Division 7 of Title 1 of the Government Code, to amend Sections 11350
and 11377 of the Health and Safety Code, and to amend Sections 473,
476a, 496, and 666 of, and to repeal Sections 459.5, 490.2, and 1170.18
of, the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1599, as introduced, Kiley. Proposition 47: repeal.
The Safe Neighborhoods and Schools Act, enacted as an initiative
statute by Proposition 47, as approved by the electors at the November
4, 2014, statewide general election, made various changes relating to
theft and the possession of controlled substances, including by, among
other things, generally reducing the penalty for those crimes, including
reducing the penalty for possession of concentrated cannabis,
establishing a procedure by which individuals convicted of those crimes
prior to the passage of the act may petition for resentencing under the
act, and creating the crime of shoplifting. The act also requires the
Director of Finance to calculate the savings accruing to the state as a
result of the implementation of the act and requires the Controller to
transfer that sum from the General Fund to the Safe Neighborhoods
and Schools Fund, which was created by the act. The act specifies the
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manner of distribution of those funds and the purposes for which they
may be used.
This bill would repeal the changes and additions made by Proposition
47, except those related to reducing the penalty for possession of
concentrated cannabis. This bill would provide that it would become
effective only upon approval of the voters, and would provide for the
submission of this measure to the voters for approval at the next
statewide general election.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Chapter 33 (commencing with Section 7599) of
2 Division 7 of Title 1 of the Government Code is repealed.
3 SEC. 2. Section 11350 of the Health and Safety Code is
4 amended to read:
5 11350. (a) Except as otherwise provided in this division, every
6 person who possesses (1) any controlled substance specified in
7 subdivision , (b) or (c), or paragraph (1) of subdivision
8 (f) of Section 11054, specified in paragraph (14), (15), or (20) of
9 subdivision (d) of Section 11054, or specified in subdivision (b)
10 or (c) of Section 11055, or specified in subdivision (h) of Section
11 11056, or (2) any controlled substance classified in Schedule III,
12 IV, or V which is a narcotic drug, unless upon the written
13 prescription of a physician, dentist, podiatrist, or veterinarian
14 licensed to practice in this state, shall be punished by imprisonment
15 in a eottntyj ail for not move than one year,
16 shall instead be ptmis pursuant to subdivision (h) of Section
17 1170 of the Penal Code if that person has one or
18 eonvietions for an offense speeified in elause (iv) of s4paragraph
19
20 Code or for an offense requiring registration ptustiaW to
21 Code.
22 (b) Except as otherwise provided in this division, every person
23 who possesses any controlled substance specified in subdivision
24 (e) of Section 11054 shall be punished by imprisonment in a county
25 jail for not more than one year, or pursuant to subdivision (h) of
26 Section 1170 of the Penal Code.
27 (b)
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1 (c) Except as otherwise provided in this division, whenever a
2 person who possesses any of the controlled substances specified
3 in subdivision -(a} (a) or (b), the judge may, in addition to any
4 punishment provided for pursuant to subdivision (a), assess against
5 that person a fine not to exceed seventy dollars ($70) with proceeds
6 of this fine to be used in accordance with Section 1463.23 of the
7 Penal Code. The court shall, however, take into consideration the
8 defendant's ability to pay, and no defendant shall be denied
9 probation because of their inability to pay the fine
10 permitted under this subdivision.
11 (e)
12 (d) Except in unusual cases in which it would not serve the
13 interest of justice to do so, whenever a court grants probation
14 pursuant to a felony conviction under this section, in addition to
15 any other conditions of probation which may be imposed, the
16 following conditions of probation shall be ordered:
17 (1) For a first offense under this section, a fine of at least one
18 thousand dollars ($1,000) or community service.
19 (2) For a second or subsequent offense under this section, a
20 fine of at least two thousand dollars ($2,000) or community service.
21 (3) If a defendant does not have the ability to pay the minimum
22 fines specified in paragraphs (1) and (2), community service shall
23 be ordered in lieu of the fine.
24 (-d)
25 (e) It is not unlawful for a person other than the prescription
26 holder to possess a controlled substance described in subdivision
27 (a) if both of the following apply:
28 (1) The possession of the controlled substance is at the direction
29 or with the express authorization of the prescription holder.
30 (2) The sole intent of the possessor is to deliver the prescription
31 to the prescription holder for its prescribed use or to discard the
32 substance in a lawful manner.
33 (e)
34 (f) This section does not permit the use of a controlled substance
35 by a person other than the prescription holder or permit the
36 distribution or sale of a controlled substance that is otherwise
37 inconsistent with the prescription.
38 SEC. 3. Section 11377 of the Health and Safety Code is
39 amended to read:
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1 11377. (a) Except as authorized by law and as otherwise
2 provided in subdivision (b) or Section 11375, or in Article 7
3 (commencing with Section 4211) of Chapter 9 of Division 2 of
4 the Business and Professions Code, every person who possesses
5 any controlled substance which is (1) classified in Schedule III,
6 IV, or V, and which is not a narcotic drug, (2) specified in
7 subdivision (d) of Section 11054, except paragraphs (13), (14),
8 (15), and (20) of subdivision (d), (3) specified in paragraph (11)
9 of subdivision (c) of Section 11056, (4) specified in paragraph (2)
10 or (3) of subdivision (f) of Section 11054, or (5) specified in
11 subdivision (d), (e), or (f) of Section 11055, unless upon the
12 prescription of a physician, dentist, podiatrist, or veterinarian,
13 licensed to practice in this state, shall be punished by imprisonment
14 in a county jail for a period of not more than one year, exeept th
15 stteh person may instead be ptmished pursttam to subdivision (h)
16 of Seetion 1170 of the Penal Code if that person has one or more
17 4etions for an offense speeified in elattse (iv) -of
18 tph (G) of paragraph (2) of subdivision (e) of Se
19 667 of the Penal Code or f-or an offense req. tratio.n.
20 or pursuant to
21 subdivision (h) of Section 1170 of the Penal Code.
22 (b) (1) Any person who violates subdivision (a) by unlawfully
23 possessing a controlled substance specified in subdivision ()9 of
24 Section 11056, and who has not previously been convicted of a
25 violation involving a controlled substance specified in subdivision
26 ()q of Section 11056, is guilty of a misdemeanor
27 (2) Any person who violates subdivision (a) by unlawfully
28 possessing a controlled substance specified in subdivision (g) of
29 Section 11056 is guilty of a misdemeanor.
30 (3) Any person who violates subdivision (a) by unlawfully
31 possessing a controlled substance specified in paragraph (7) or
32 (8) of subdivision (d) of Section 11055 is guilty of a misdemeanor
33 (4) Any person who violates subdivision (a) by unlawfully
34 possessing a controlled substance specified in paragraph (8) of
35 subdivision (1) of Section 11057 is guilty of a misdemeanor
36 (b) The
37 (c) In addition to any fine assessed under subdivision (b), the
38 judge may assess a fine not to exceed seventy dollars ($70) against
39 any person who violates subdivision (a), with the proceeds of this
40 fine to be used in accordance with Section 1463.23 of the Penal
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1 Code. The court shall, however, take into consideration the
2 defendant's ability to pay, and no defendant shall be denied
3 probation because of their inability to pay the fine
4 permitted under this subdivision.
5 f e)
6 (d) It is not unlawful for a person other than the prescription
7 holder to possess a controlled substance described in subdivision
8 (a) if both of the following apply:
9 (1) The possession of the controlled substance is at the direction
10 or with the express authorization of the prescription holder.
11 (2) The sole intent of the possessor is to deliver the prescription
12 to the prescription holder for its prescribed use or to discard the
13 substance in a lawful manner.
14 (-d)
15 (e) This section does not permit the use of a controlled substance
16 by a person other than the prescription holder or permit the
17 distribution or sale of a controlled substance that is otherwise
18 inconsistent with the prescription.
19 SEC. 4. Section 459.5 of the Penal Code is repealed.
20 , she liffing is defined
21
22 lareeny vvhile that establishment is open during regular business
23 hours, where the vaitte of the property that is ta-ken or intended to
24 be taken does not exeeed nine Itundred fifty dollars ($950).
25 other entry into a eommereial establishment with intent to eoffiffli
26 lareeny is burglary, Shoplifting shall be pttnished as
27 , exeept that a person with one or move
28 eonvietions for an offense speeified in elattse (iv) of subparagmph
29
30
31 .
32 (b) Any aet of shoplifting as defined in subdivision (a) sh
33 eharged as shoplifting. No persott who is eharged with shopfifting
34 may also be eharged with burglary o-r 4teft of the same property.
35 SEC. 5. Section 473 of the Penal Code is amended to read:
36 473. {Forgery is punishable by imprisonment in a county
37 jail for not more than one year, or by imprisonment pursuant to
38 subdivision (h) of Section 1170.
39 , any person who is gtti4ty
40 '
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AB 1599
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2traveler's
3 , shall be
4
5 year,
6 to s4division (h) of ppti if that person has otte or more
7
8
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10shall not be appliea-ble to atty
11 ,
12 defitted itt Seetio can c
13 SEC. 6. Section 476a of the Penal Code is amended to read:
14 476a. (a) Any person who, for himself or herself-, themselves,
15 as the agent or representative of another, or as an officer of a
16 corporation, willfully, with intent to defraud, makes or draws or
17 utters or delivers a check, draft, or order upon a bank or depositary,
18 a person, a firm, or a corporation, for the payment of money,
19 knowing at the time of that making, drawing, uttering, or delivering
20 that the maker or drawer or the corporation has not sufficient funds
21 in, or credit with the bank or depositary, person, firm, or
22 corporation, for the payment of that check, draft, or order and all
23 other checks, drafts, or orders upon funds then outstanding, in full
24 upon its presentation, although no express representation is made
25 with reference thereto, is punishable by imprisonment in a county
26 jail for not more than one year, or pursuant to subdivision (h) of
27 Section 1170.
28 (b) However, if the total amount of all checks, drafts, or orders
29 that the defendant is charged with and convicted of making,
30 drawing, or uttering does not exceedttitte Itundred fifty do!
31 ($930),four hundred fifty dollars ($450), the offense is punishable
32 only by imprisonment in the county j ail for not more than ones
33 exeept that stteh person may instead be ptmished pttrsttatit to
34
35
36
37
38 . year This subdivision shall not be applicable
39 if the defendant has previously been convicted of three or m
40 violations a violation of Section 470, 475, or 476, or of this section,
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1 or of the crime of petty theft in a case in which defendant's offense
2 was a violation also of Section 470, 475, or 476 or of this section
3 or if the defendant has previously been convicted of any offense
4 under the laws of any other state or of the United States which, if
5 committed in this state, would have been punishable as a violation
6 of Section 470, 475 or 476 or of this section or if-+te the defendant
7 has been so convicted of the crime of petty theft in a case in which,
8 if defendant's offense had been committed in this state, it would
9 have been a violation also of Section 470, 475, or 476, or of this
10 section.
11 (c) Where the check, draft, or order is protested on the ground
12 of insufficiency of funds or credit, the notice of protest shall be
13 admissible as proof of presentation, nonpayment, and protest and
14 shall be presumptive evidence of knowledge of insufficiency of
15 funds or credit with the bank or depositary, person, firm, or
16 corporation.
17 (d) In any prosecution under this section involving two or more
18 checks, drafts, or orders, it shall constitute prima facie evidence
19 of the identity of the drawer of a check, draft, or order if both of
20 the following occur:
21 (1) When the payee accepts the check, draft, or order from the
22 drawer, he or she the payee obtains from the drawer the following
23 information: name and residence of the drawer, business or mailing
24 address, either a valid driver's license number or Department of
25 Motor Vehicles identification card number, and the drawer's home
26 or work phone number or place of employment. That information
27 may be recorded on the check, draft, or order itself or may be
28 retained on file by the payee and referred to on the check, draft,
29 or order by identifying number or other similar means.
30 (2) The person receiving the check, draft, or order witnesses
31 the drawer's signature or endorsement, and, as evidence of that,
32 initials the check, draft, or order at the time of receipt.
33 (e) The word "credit" as used herein shall be construed to mean
34 an arrangement or understanding with the bank or depositary,
35 person, firm, or corporation for the payment of a check, draft, or
36 order.
37 (f) If any of the preceding paragraphs, or parts thereof, shall be
38 found unconstitutional or invalid, the remainder of this section
39 shall not thereby be invalidated, but shall remain in full force and
40 effect.
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I (g) A sheriff's department, police department, or other law
2 enforcement agency may collect a fee from the defendant for
3 investigation, collection, and processing of checks referred to their
4 agency for investigation of alleged violations of this section or
5 Section 476.
6 (h) The amount of the fee shall not exceed twenty-five dollars
7 ($25) for each bad check, in addition to the amount of any bank
8 charges incurred by the victim as a result of the alleged offense.
9 If the sheriff's department, police department, or other law
10 enforcement agency collects a fee for bank charges incurred by
11 the victim pursuant to this section, that fee shall be paid to the
12 victim for any bank fees the victim may have been assessed. In no
13 event shall reimbursement of the bank charge to the victim pursuant
14 to this section exceed ten dollars ($10) per check.
15 SEC. 7. Section 490.2 of the Penal Code is repealed.
16
17 of law defining grand theft, obtaining any property by theft -,A�ere
18 , real or personal property taken does
19 not exeeed nine Itandred fifty dollars ($950) shall be eonsidere
20 petty theft and shall be punished as a misdemeanor, exeep
21 stteh person may instead be punished pursttant to subdivision (h)
22 of Seetion 1170 if that person has one or more prior eonvie
23
24
25 .
26 (b) This seetion shall not be applieable to any theft that may be
27 eharged as an infraetion pursttant to any other provision of law.
28 .
29 SEC. 8. Section 496 of the Penal Code is amended to read:
30 496. (a) Every person who buys or receives any property that
31 has been stolen or that has been obtained in any manner
32 constituting theft or extortion, knowing the property to be so stolen
33 or obtained, or who conceals, sells, withholds, or aids in
34 concealing, selling, or withholding any property from the owner,
35 knowing the property to be so stolen or obtained, shall be punished
36 by imprisonment in a county jail for not more than one year, or
37 imprisonment pursuant to subdivision (h) of Section 1170.
38 However, if the district attorney or the grand jury determines that
39 this action would be in the interests ofjustice, the district attorney
40 or the grand jury, as the case may be, may if the value of the
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1 property does not exceed nine hundred fifty dollars ($950), spec
2 in the accusatory pleading that the offense shall be a misdemeanor,
3 punishable only by imprisonment in a county jail not exceeding
4 one year, if stteh person ha . . nvietions for an offense
5
6
7 . year
8 A principal in the actual theft of the property may be convicted
9 pursuant to this section. However, no person may be convicted
10 both pursuant to this section and of the theft of the same property.
11 (b) Every swap meet vendor, as defined in Section 21661 of the
12 Business and Professions Code, and every person whose principal
13 business is dealing in, or collecting, merchandise or personal
14 property, and every agent, employee, or representative of that
15 person, who buys or receives any property of a value in excess of
16 nine hundred fifty dollars ($950) that has been stolen or obtained
17 in any manner constituting theft or extortion, under circumstances
18 that should cause the person, agent, employee, or representative
19 to make reasonable inquiry to ascertain that the person from whom
20 the property was bought or received had the legal right to sell or
21 deliver it, without making a reasonable inquiry, shall be punished
22 by imprisonment in a county jail for not more than one year, or
23 imprisonment pursuant to subdivision (h) of Section 1170.
24 Every swap meet vendor, as defined in Section 21661 of the
25 Business and Professions Code, and every person whose principal
26 business is dealing in, or collecting, merchandise or personal
27 property, and every agent, employee, or representative of that
28 person, who buys or receives any property of a value of nine
29 hundred fifty dollars ($950) or less that has been stolen or obtained
30 in any manner constituting theft or extortion, under circumstances
31 that should cause the person, agent, employee, or representative
32 to make reasonable inquiry to ascertain that the person from whom
33 the property was bought or received had the legal right to sell or
34 deliver it, without making a reasonable inquiry, shall be guilty of
35 a misdemeanor.
36 (c) Any person who has been injured by a violation of
37 subdivision (a) or (b) may bring an action for three times the
38 amount of actual damages, if any, sustained by the plaintiff, costs
39 of suit, and reasonable attorney's fees.
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1 (d) Notwithstanding Section 664, any attempt to commit any
2 act prohibited by this section, except an offense specified in the
3 accusatory pleading as a misdemeanor, is punishable by
4 imprisonment in a county jail for not more than one year, or by
5 imprisonment pursuant to subdivision (h) of Section 1170.
6 SEC. 9. Section 666 of the Penal Code is amended to read:
7 666. (a) Notwithstanding Section 490, every person who,
8 having been convicted three or more times of petty theft, grand
9 theft, a conviction pursuant to subdivision (d) or (e) of Section
10 368, auto theft under Section 10851 of the Vehicle Code, burglary,
11 carjacking, robbery, or a felony violation of Section 496 and having
12 served a term therefor in any penal institution or having been
13 imprisoned therein as a condition of probation for that offense,
14 and who is subsequently convicted of petty theft, is punishable by
15 imprisonment in a county jail not exceeding one year, or
16 imprisonment pursuant to subdivision (h) of Section 1170.
17
18 (b) Notwithstanding Section 490, any person described in
19 paragraph (1) who, having been convicted of petty
20 theft, grand theft, a conviction pursuant to subdivision (d) or (e)
21 of Section 368, auto theft under Section 10851 of the Vehicle
22 Code, burglary, carjacking, robbery, or a felony violation of Section
23 496, and having served a term of imprisonment therefor in any
24 penal institution or having been imprisoned therein as a condition
25 of probation for that offense, and who is subsequently convicted
26 of petty theft, is punishable by imprisonment in the county jail not
27 exceeding one year, or in the state prison.
28 (b) Subdivision (a) shaff
29 (1) This subdivision shall apply to any person who is required
30 to register pursuant to the Sex Offender Registration Act, or who
31 has a priori violent or serious felony conviction, as specified
32 in elause (iv) of subparagraph (G) of paragraph (2) of subdivisi
33 ,
34 . subdivision (c) of Section 667.5 or
35 subdivision (c) of Section 1] 92. 7.
36 (e)
37 (2) This seetio subdivision shall not be construed to preclude
38 prosecution or punishment pursuant to subdivisions (b) to (i),
39 inclusive, of Section 667, or Section 1170.12.
40 SEC. 10. Section 1170.18 of the Penal Code is repealed.
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1 This does tiot apply to: person otte : :
21 .: -;4etions for att offense-;- :
25 A Exeept :s speeified itt -.:: :" : : petittiott:
• applieatiott wider this : - shall be
filed : - or before :
27 i
, -20-2-2, or at a later date ttpott showing of good eattse.
1shall be
eonsidered i ':- meat: for all pttrposes, exee: i
shall - : permit that person : own, possess,: - i
-29800-
34 Division 9 of
Title i of Part
35 if the eottt!t that originally setitetteed the
37 ott thepetition or applieatiott.
•
• This : - does not : - - or abrogate attyrig
- :
39 remedies otherwise : - :" :- : applieatit.
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6.a
1
2 abrogate the finality olf ittdgments itt any ease that does not e0me
3 withitt the pttrview of this seetion.
4
5 post eotwietion release "
6
7 '
8 (p) (1) A pefson who is eotmnitted to a state hospital after being
9
10 may petition the eottft to have his or her maxitymm tetm o
11 ,
12 length it wottid have beett had the aet that added this seetiatt bee
13 itt effeet at the time of the original detetmittation. Both of the
14
16
17
18 (B) The person files the petition f-of a fedttetiott of the ma i
19 , or ott a later date
20 ttpott a showing of good eattse.
21 '
23
24 '
25 eonfittement ordered widef this seetion does not provide st4fieient,
26
27 ,
28
29 order to meet reqttirentents provided itt s4division (b) of Se
30 i0
31 SEC. 11. Sections Ito 10, inclusive, of this act amend the Safe
32 Neighborhoods and Schools Act, Proposition 47, an initiative
33 statute, and shall become effective only when submitted to and
34 approved by the voters. The Secretary of State shall submit
35 Sections 1 to 10, inclusive, of this act for approval by the voters
36 at a statewide election in accordance with Section 9040 of the
37 Elections Code.
x
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