SB 976: Violent felonies.

Session Year: 2017-2018
House: Senate

Version:

The California Constitution, as amended by Proposition 57 at the November 8, 2016, statewide general election, makes a person sentenced to state prison for a conviction of a nonviolent felony offense eligible for parole consideration after completing the full term for his or her primary offense, as specified. Existing law classifies certain felonies as violent felonies and certain felonies as serious felonies for purposes of various provisions of the Penal Code. Existing law specifies certain offenses for which a person is required to register as a sex offender.

This bill would specify that a nonviolent felony offense for purposes of the above parole eligibility does not include a felony classified as a violent felony, and would also define a serious felony or an offense that requires registration as a sex offender as a violent felony for these purposes.

Existing law, as amended by Proposition 21 as approved by the voters at the March 7, 2000, statewide primary election and by Proposition 83 at the November 7, 2006, statewide general election, classifies certain felonies as violent felonies for purposes of various provisions of the Penal Code. Existing law generally imposes an additional one-year term for a felony and 3-year term for a violent felony for each prior separate prison term served for a felony or a violent felony, respectively. The Legislature may amend these initiative statutes by a statute passed in each house by a ²/₃ vote. Proposition 83 further allows for amendment by majority vote under specified circumstances.This bill would additionally classify specified serious felonies and an offense that requires registration as a sex offender as violent felonies for purposes of imposing specified sentence enhancements. The bill would also make conforming changes.Because this bill would increase the duties of local officials in regard to prosecuting these crimes, it would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.

Discussed in Hearing

Senate Standing Committee on Public Safety

8MIN

Apr 24, 2018

Senate Standing Committee on Public Safety

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Bill Author

Patricia Bates

SB 976: Violent felonies.

Senate Standing Committee on Public Safety

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