Runner Initiative (07-0094 – Safe Neighborhoods Act)
New Crimes and Enhancements, and Increases in Existing Penalties
Initiative
Section
Affected Statute
What It Does
Nature of the Change
Section 5
Penal Code §
136.1(d)
Adds new felony
Section 5
Penal Code §
136.1(e)
Adds new felony
Section 5
Penal Code §
136.1(f)
Adds new felony
Section 5
Penal Code §
136.1(g)
Adds new offense
elevating attempt
into a violation of
the offense itself
Section 6
Penal Code § 594
Increases penalties
by aggregating
confinement time
Section 6
Vehicle Code §
10851(f)
Adds new
sentencing
enhancement
Section 6
Vehicle Code §
10851(g)
Adds new
sentencing
enhancement
Section 6
Vehicle Code §
10851(h)
Adds new
sentencing
enhancement
By express or implied force or violence
dissuading a judge, juror, prosecutor, public
defender, or peace officer from participating in
the arrest, prosecution, trial, or judgment –
punishable by state prison 2, 3, or 4 yrs.
By express or implied force or violence
dissuading any person from filing, authorizing or
implementing a gang injunction or nuisance
abatement process or inspecting premises
where gang, drug or criminal activity occur –
punishable by state prison 2, 3, or 4 yrs.
By express or implied force or violence
attempting to retaliate against any person who
lawfully participated in any criminal or civil
process protected by 136(a),(b), (d), or (e) –
punishable by state prison 2, 3, or 4 yrs.
Every person who attempts § 136.1(d) is guilty
of the offense attempted, without regard to the
success or failure of the attempt, and the fact
that no injury or intimidation occurred is not a
defense.
Permits aggregation sentences for vandalism if
the vandalism was “the result of a common
scheme, purpose or plan.” (Sentences to be
aggregated include 594(b)(1) for damage more
than $400 - punishable by state prison or jail up
to 1 yr. and/or fine of up to $10,000 (or up to
$50,000 if damage is more than $10,000) , and
594(b)(2) for damage less than $400 -punishable by jail up to 1 yr., and fine of up to
$1,000.)
An additional 1 yr. imprisonment in state prison
for taking or driving a vehicle without the
consent of the owner (“joyriding”) if the person
does so as a principal or accessory in exchange
for consideration or for the purpose of sale or
transport of the vehicle or its components.
An additional 1 yr. imprisonment in state prison
for taking or driving a vehicle without the
consent of the owner (“joyriding”) if the person
does so as a principal or accessory to the taking
a vehicle that prior to its recovery is used in the
commission of a felony.
An additional 1 yr. imprisonment in state prison
for taking or driving a vehicle without the
consent of the owner (“joyriding”) if the person
does so as a principal or accessory to the taking
a vehicle and with the intent to use the vehicle
in a felony.
I
Section 6
Vehicle Code §
10851(i)
Adds new
sentencing
enhancement
Section 6
Vehicle Code §
10851(j)
Adds new
sentencing
enhancement &
consecutive terms
Section 6
Penal Code § 666.5
Limits court
sentencing
authority
Section 6
Welfare & Institutions
Code § 707.005
Section 6
Penal Code § 32
Adds statute
creating new
category under
which juveniles are
presumed unfit for
juvenile court
handling
Adds new felony
Section 6
Penal Code §
186.22(b)(3)
Removes
presumption of
mid-term sentence
Section 6
Penal Code §
186.22(b)(4)(A)
Increases existing
penalty
Section 6
Penal Code §
186.22(b)(4)(B)
Increases existing
penalty
Section 6
Penal Code §
186.22(b)(5)(B)
Adds rule for
greater punishment
Section 6
Penal Code §
186.22(e)(8)
Adds crimes to the
list of offenses for
which gang
enhancements may
be added
2
An additional 1 yr. imprisonment in state prison
for taking or driving a vehicle without the
consent of the owner (“joyriding”) if the person
does so as a principal or accessory to the taking
a vehicle that prior to its recovery is the subject
of a pursuit pursuant to Vehicle Code §§
2800.1-2800.4 (various forms of disobeying or
fleeing from peace officers).
An additional 1 yr. imprisonment in state prison
for taking or driving a vehicle without the
consent of the owner (“joyriding”) if the person
does so as a principal or accessory to the taking
a vehicle that prior to its recovery is involved in
a collision; and an additional 1 yr. consecutive
term for each person other than an accessory
who suffers personal injury as a proximate
cause of the collision.
Limits court authority to grant probation in cases
involving joyriding (Vehicle Code § 10851) or
auto theft (Penal Code § 487) and other
specified vehicle/vessel theft offenses if the
person has 2 or more prior violations.
A minor 14 years or older who commits a felony
violation of Penal Code § 186.22 (gang related)
is presumed unfit for juvenile court treatment.
Person making a materially false statement to a
peace officer or prosecutor regarding facts
relevant to an investigation of a gang crime
under Penal Code § 186.22 or a violent felony
under Penal Code § 667.5 is an accessory to
that felony under specified circumstances.
Eliminates requirement that the court impose
the middle term unless there are circumstances
in aggravation or mitigation, and requires only
that the court state its reasons on the record.
Makes the penalty for specified felonies (home
invasion robbery (Penal Code § 213(a)(1)(A),
carjacking (Penal Code § 215), shooting a gun
into a dwelling (Penal Code § 246)) “15 years to
life.” Until now, the sentence was 15 years.
Makes the penalty for felony extortion (Penal
Code § 519) or threats to specified persons
(Penal Code § 136.1) a life sentence. Until now
the penalty was 7 years.
Provides that if multiple sentencing rules apply
for crimes under Penal Code § 186.22, the one
resulting in a longer term of punishment shall
apply.
Adds threatening judges, jurors, prosecutors,
public defenders, or peace officers, as defined
in Penal Code § 136.1.
Section 6
Penal Code §
186.22(g)
Section 6
Penal Code §
186.22(k)(1)
Eliminates court
discretion in
sentencing
Creates new
misdemeanor
Section 6
Penal Code §
186.22(k)(2)
Creates new
misdemeanor
Section 6
Penal Code §
186.22(k)(3)
Section 6
Penal Code §
186.22(l)
Creates new felony
wobbler (i.e., can
be sentenced as a
felony or
misdemeanor)
Increases penalty
Section 6
Penal Code §
186.26(e)
Increases penalties
Section 6
Penal Code §
186.26(f)
Creates new felony
Section 6
Penal Code §
186.30(c)(1)
Creates new
misdemeanor
Section 6
Penal Code §
186.30(c)(1)
Creates new felony
Section 6
Health & Safety Code
§ 11377(a)
Increases penalty
Section 6
Health & Safety Code
§ 11378
Increases penalty
Section 6
Health & Safety Code
§ 11379
Increases penalty
3
Takes out language allowing the court to strike
gang enhancements.
Creates crime of misdemeanor contempt for
violation of a civil gang injunction – punishable
by not more than 1 yr. in jail and/or $1,000 fine.
Creates crime of misdemeanor contempt for
second violation of Penal Code 186.22(k)(1)
within 7 years -- punishable by not less than 90
days jail and up to 1 yr. in jail.
Creates crime of contempt for third or
subsequent violation of Penal Code
186.22(k)(1) within 7 years -- punishable by not
more than 1 yr. in jail, or by 1, 2, or 3 yrs. in
prison.
Makes person found guilty as accessory to a
felony (Penal Code § 32) subject to one half the
punishment for the principal in such felony if it is
gang related.
Provides that if the person recruited, coerced or
threatened under Penal Code § 186.26(a), (b)
or (c) is under 14 years of age, an additional 5
yrs. shall be imposed consecutively to the
underlying penalty.
Makes a person who violates the recruitment
provisions of Penal Code § 186.26 a principal in
any subsequent felony committed subject to
specified conditions.
Makes it a misdemeanor to fail to register as a
gang member based on conviction of a
misdemeanor requiring registration – punishable
by 1 yr. in jail.
Makes it a felony to fail to register as a gang
member based on conviction of a felony
requiring registration, or failing to register with a
prior – punishable by 16 months, 2, or 3 yrs. in
prison, with a minimum term of at least 90 days
in jail.
While the penalty for possession of other
specified narcotics is either county jail or state
prison, the amendment adds language requiring
imprisonment in the state prison for possession
of methamphetamine (Health & Safety Code §
11055(d)(2).
While the penalty for possession for sale of
other specified narcotics is state prison for up to
3 years, the amendment adds language
requiring that for possession for sale of
methamphetamine (Health & Safety Code §
11055(d)(2), the penalty is 2, 3, or 4 yrs. in
prison.
While the penalty for selling, transporting or
furnishing other specified narcotics is state
prison for 2, 3, or 4 years, the amendment adds
language requiring that for possession for sale
of methamphetamine (Health & Safety Code §
11055(d)(2), the penalty is 3, 4, or 5 yrs. in
prison
Section 6
Penal Code
§12022.52(a)
Increases penalty
Section 6
Penal Code
§12022.53
Section 6
Penal Code §
12022.57
Adds categories of
crimes to list of
offenses eligible for
sentencing
enhancements
Adds new penalties
Section 6
Penal Code §
2933.25
Section 6
Penal Code §
653.77(b)(1)
Adds statute that
takes away
sentencing credit
(so increases
penalty)
Creates new
misdemeanor
Section 6
Penal Code §
653.77(b)(2)
Creates new
misdemeanor
Section 6
Penal Code §
653.77(c)(1)
Creates new felony
Section 6
Penal Code §
653.77(c)(1)
Creates a new
felony
Section 6
Penal Code §
4505(a)
Adds new penalty
Section 6
Penal Code §
4505(b)
Creates new felony
Section 9
Penal Code § 667.21
Requires
incarceration
4
Creates a new 10 yr. sentencing enhancement
for violation of firearms offenses by persons with
a prior felony or juvenile adjudication for
specified offenses or in specified circumstances.
Adds first degree burglary (Penal Code § 460)
to the list of offenses qualifying the person in a
case involving personal use of a firearm for a
ten year enhancement.
In cases involving a felony with a firearm that
occurs in whole or in part in a motor vehicle,
Penal Code § 1202257(a)(1) requires
revocation of drivers license privileges, and §
1202257(a)(3) permits impoundment of the
vehicle for up to 60 days.
Eliminates the opportunity of persons in state
prison for offenses punishable for life to receive
conduct credit to reduce their term of
imprisonment.
Makes it a misdemeanor to remove or disable a
GPS (Global Positioning System) device that
was affixed as a condition of a misdemeanor
sentence, juvenile disposition, parole or
probation – punishable by up to 1 yr. in jail
and/or a fine of up to $1000.
Makes it a misdemeanor to remove or disable a
GPS device from another person that was
affixed as a condition of a misdemeanor
sentence, juvenile disposition, parole or
probation – punishable by up to 1 yr. in jail
and/or a fine of up to $1000.
Makes it a felony to remove or disable a GPS
device that was affixed as a condition of a
felony sentence, juvenile disposition, parole or
probation – punishable by 16 months, 2, or 3
yrs. in prison.
Makes it a felony to remove or disable a GPS
device from another person that was affixed as
a condition of a felony sentence, juvenile
disposition, parole or probation – punishable by
16 months, 2 or 3 yrs. in prison.
Adds statute requiring that any inmate who
commits a gang-related crime shall receive
twice the punishment otherwise prescribed for
the felony.
Provides that a person who provides an inmate
with a weapon, cell phone or contraband that is
used in a felony shall be subject to the same
penalties as the inmate even if they did not
intend for the item to be so used.
Eliminates bail for persons ”illegally” in the U.S.
in violent felonies under Penal Code §667.5 or
gang-related felonies under Penal Code §
186.22(a) or (b), and requires the Immigration
Criminal Enforcement (ICE) authorities to be
notified of the arrest and charges.
Section 9
Penal Code § 1319
Requires
incarceration
Section 9
Penal Code § 3044.5
Removes parole
agent discretion
Section 10
Government Code §
30062.1
Annual criminal
record checks of
public housing
tenants
Adds serious felonies under Penal Code §
1192.7 to the offenses for which release on own
recognizance may not be granted until a hearing
is held n open court.
Requires reporting to the Board of Parole
Hearings of a series of kinds of conduct or
violations of parole conditions.
Provides funding contingent on annual criminal
background checks of Section 8 housing
tenants to facilitate public funding of tenancies
for families that are “law-abiding.”
Changes in Evidentiary Provisions and Required Levels of Proof
Section 5
Adds Evidence Code
§ 240(a)(6)
Weakens existing
restrictions on
introduction of
hearsay evidence
Section 5
Adds Evidence Code
§ 1390(a)
Weakens existing
restrictions on
introduction of
hearsay evidence
Section 6
Penal Code §
186.22(b)(1)
Weakens burden of
proof
Section 6
Penal Code §
186.22(b)(4)
Weakens burden of
proof
Section 6
Penal Code §
186.22(d)
Weakens burden of
proof
Section 6
Penal Code § 186.22b
Provides for service of
process on street
gangs
Section 6
Penal Code §
186.26(a)
Weakens burden of
proof
5
Allows the introduction of
hearsay on the basis that the
witness is “unavailable “ if the
declarant is present at the
hearing but refuses to testify
despite being ordered by the
court to do so.
Allows the introduction of
hearsay if the statement is
offered against someone who
engaged or acquiesced in
criminal conduct that caused the
unavailability of the witness.
Changes requirement that
prosecutor prove the person “is
convicted of” to proof only that
that the person “commits” a gang
related felony or attempted felony
for purposes of sentence
enhancement and consecutive
terms.
Changes requirement that
prosecutor prove the person “is
convicted of” to proof only that
that the person “commits” a gang
related felony for purposes of
sentencing to a life term for
specified felonies.
Changes requirement that
prosecutor prove the person “is
convicted of” to proof only that
that the person “commits” a gang
related offense for purposes of
sentencing.
Discusses service of process on
person “designated” by the gang
and alternative of service on
“three or more members” -- terms
are not defined.
For the crime of gang
recruitment, takes out language
Section 6
Penal Code §
12022.52(a)
Weakens burden of
proof
Section 6
Penal Code §
12022.53(e)
Weakens burden of
proof
Prepared by:
Sue Burrell, Staff Attorney
Youth Law Center
200 Pine Street, Suite 300
San Francisco, CA 94104
sburrell@ylc.org, (415) 543-3379 x3911
6/30/08
6
requiring proof that a person
recruited for gang activity
participated in a pattern of gang
activity as defined in 186.22, and
substitutes only that there be
proof that the person recruited
“actively participate in the
criminal street gang.”
For some of the elements
required to impose a new 10 yr.
sentencing enhancement based
on prior convictions or juvenile
adjudications, this will require
proof that is less than a prior
conviction.
Changes previous language
requiring that a person be a
principal in the commission of
specified offenses for purposes
of sentencing enhancements for
use of a firearm, to language
requiring only that the person be
“charged as” a principal with one
of the specified offenses.