AB 537: Serious felonies.

Existing law, as added by Proposition 8, adopted June 8, 1982, and amended by Proposition 21, adopted March 7, 2000, among other things, defines a serious felony. Existing law, also added by Proposition 8, adopted June 8, 1982, and amended by Proposition 36, adopted November 6, 2012, commonly known as the Three Strikes Law, requires increased penalties for certain recidivist offenders in addition to any other enhancement or penalty provisions that may apply, including individuals with current and prior convictions of a serious felony, as specified. Existing law, the Three Strikes Law, specifies that references to code sections contained in the law, including references to the definition of a serious felony, are to those statutes as they existed on November 7, 2012. The Legislature may directly amend Proposition 8 and Proposition 21 by a statute passed in each house by a ²/₃ vote, or by a statute that becomes effective only when approved by the voters. The Legislature may directly amend Proposition 36 by a statute passed in each house by a ²/₃ vote or by a statute that becomes effective when approved by a majority of the electors.

This bill would amend those initiatives statutes by adding certain felonies, including threatening a witness and human trafficking, witness, human trafficking with the intent to commit a sex offense, exploding a destructive device to terrorize, evading a pursuing peace officer and causing serious bodily injury, and taking a person from the lawful custody of a peace officer by means of a riot, among other crimes, to the definition of a serious felony, as specified. The bill would specify that for all offenses committed on or after January 1, 2018, references to code sections contained in the Three Strikes Law are to those statutes as they read January 1, 2018. Because the bill would impose additional duties on local prosecutors, and because it would expand the punishments for existing crimes, it would impose a state-mandated local program. The bill would make other technical, nonsubstantive changes.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.