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.