2005 California Penal Code Sections 654-678 TITLE 16. GENERAL PROVISIONS

PENAL CODE
SECTION 654-678

654.  (a) An act or omission that is punishable in different ways by
different provisions of law shall be punished under the provision
that provides for the longest potential term of imprisonment, but in
no case shall the act or omission be punished under more than one
provision.  An acquittal or conviction and sentence under any one
bars a prosecution for the same act or omission under any other.
   (b) Notwithstanding subdivision (a), a defendant sentenced
pursuant to subdivision (a) shall not be granted probation if any of
the provisions that would otherwise apply to the defendant prohibits
the granting of probation.
654.1.  It shall be unlawful for any person, acting individually or
as an officer or employee of a corporation, or as a member of a
copartnership or as a commission agent or employee of another person,
firm or corporation, to sell or offer for sale or, to negotiate,
provide or arrange for, or to advertise or hold himself out as one
who sells or offers for sale or negotiates, provides or arranges for
transportation of a person or persons on an individual fare basis
over the public highways of the State of California unless such
transportation is to be furnished or provided solely by, and such
sale is authorized by, a carrier having a valid and existing
certificate of convenience and necessity, or other valid and existing
permit from the Public Utilities Commission of the State of
California, or from the Interstate Commerce Commission of the United
States, authorizing the holder of such certificate or permit to
provide such transportation.
654.2.  The provisions of Section 654.1 of the Penal Code shall not
apply to the selling, furnishing, or providing of transportation of
any person or persons in any of the following circumstances:
   (a) When no compensation is paid or to be paid, either directly or
indirectly, for the transportation.
   (b) For the furnishing or providing of transportation to or from
work of employees engaged in farmwork on any farm of the State of
California.
   (c) For the furnishing or providing of transportation to and from
work of employees of any nonprofit cooperative association, organized
pursuant to any law of the State of California.
   (d) For the transportation of persons wholly or substantially
within the limits of a single municipality or of contiguous
municipalities.
   (e) For transportation of persons over a route wholly or partly
within a national park or state park where the transportation is sold
in conjunction with, or as part of, a rail trip or trip over a
regularly operated motorbus transportation system or line.
   (f) For the transportation of persons between home and work
locations or of persons having a common work-related trip purpose in
a vehicle having a seating capacity of 15 passengers or less,
including the driver, which is used for the purpose of ridesharing,
as defined in Section 522 of the Vehicle Code, when the ridesharing
is incidental to another purpose of the driver.  This exemption does
not apply if the primary purpose for the transportation of those
persons is to make a profit.  "Profit," as used in this subdivision,
does not include the recovery of the actual costs incurred in owning
and operating a vanpool vehicle, as defined in Section 668 of the
Vehicle Code.
654.3.  Violation of Section 654.1 shall be a misdemeanor, and upon
first conviction the punishment shall be a fine of not over five
hundred dollars ($500), or imprisonment in jail for not over 90 days,
or both such fine and imprisonment.  Upon second conviction the
punishment shall be imprisonment in jail for not less than 30 days
and not more than 180 days.  Upon a third or subsequent conviction
the punishment shall be confinement in jail for not less than 90 days
and not more than one year, and a person suffering three or more
convictions shall not be eligible to probation, the provisions of any
law to the contrary notwithstanding.
655.  An act or omission declared punishable by this Code is not
less so because it is also punishable under the laws of another
State, Government, or country, unless the contrary is expressly
declared.
656.  Whenever on the trial of an accused person it appears that
upon a criminal prosecution under the laws of the United States, or
of another state or territory of the United States based upon the act
or omission in respect to which he or she is on trial, he or she has
been acquitted or convicted, it is a sufficient defense.
656.5.  Any person convicted of a crime based upon an act or
omission for which he or she has been acquitted or convicted in
another country shall be entitled to credit for any actual time
served in custody in a penal institution in that country for the
crime, and for any additional time credits that would have actually
been awarded had the person been incarcerated in California.
656.6.  No international treaties or laws shall be violated to
secure the return of a person who has been convicted in another
country of a crime committed in California in order to prosecute the
person in California.
657.  A criminal act is not the less punishable as a crime because
it is also declared to be punishable as a contempt.
658.  When it appears, at the time of passing sentence upon a person
convicted upon indictment, that such person has already paid a fine
or suffered an imprisonment for the act of which he stands convicted,
under an order adjudging it a contempt, the Court authorized to pass
sentence may mitigate the punishment to be imposed, in its
discretion.
659.  Whenever an act is declared a misdemeanor, and no punishment
for counseling or aiding in the commission of such act is expressly
prescribed by law, every person who counsels or aids another in the
commission of such act is guilty of a misdemeanor.
660.  In the various cases in which the sending of a letter is made
criminal by this Code, the offense is deemed complete from the time
when such letter is deposited in any Post Office or any other place,
or delivered to any person, with intent that it shall be forwarded.
661.  In addition to the penalty affixed by express terms, to every
neglect or violation of official duty on the part of public officers,
State, county, city, or township, where it is not so expressly
provided, they may, in the discretion of the Court, be removed from
office.
662.  No person is punishable for an omission to perform an act,
where such act has been performed by another person acting in his
behalf and competent by law to perform it.
663.  Any person may be convicted of an attempt to commit a crime,
although it appears on the trial that the crime intended or attempted
was perpetrated by such person in pursuance of such attempt, unless
the Court, in its discretion, discharges the jury and directs such
person to be tried for such crime.
664.  Every person who attempts to commit any crime, but fails, or
is prevented or intercepted in its perpetration, shall be punished
where no provision is made by law for the punishment of those
attempts, as follows:
   (a) If the crime attempted is punishable by imprisonment in the
state prison, the person guilty of the attempt shall be punished by
imprisonment in the state prison for one-half the term of
imprisonment prescribed upon a conviction of the offense attempted.
However, if the crime attempted is willful, deliberate, and
premeditated murder, as defined in Section 189, the person guilty of
that attempt shall be punished by imprisonment in the state prison
for life with the possibility of parole. If the crime attempted is
any other one in which the maximum sentence is life imprisonment or
death, the person guilty of the attempt shall be punished by
imprisonment in the state prison for five, seven, or nine years. The
additional term provided in this section for attempted willful,
deliberate, and premeditated murder shall not be imposed unless the
fact that the attempted murder was willful, deliberate, and
premeditated is charged in the accusatory pleading and admitted or
found to be true by the trier of fact.
   (b) If the crime attempted is punishable by imprisonment in a
county jail, the person guilty of the attempt shall be punished by
imprisonment in a county jail for a term not exceeding one-half the
term of imprisonment prescribed upon a conviction of the offense
attempted.
   (c) If the offense so attempted is punishable by a fine, the
offender convicted of that attempt shall be punished by a fine not
exceeding one-half the largest fine which may be imposed upon a
conviction of the offense attempted.
   (d) If a crime is divided into degrees, an attempt to commit the
crime may be of any of those degrees, and the punishment for the
attempt shall be determined as provided by this section.
   (e) Notwithstanding subdivision (a), if attempted murder is
committed upon a peace officer or firefighter, as those terms are
defined in paragraphs (7) and (9) of subdivision (a) of Section
190.2, or a custodial officer, as that term is defined in subdivision
(a) of Section 831 or subdivision (a) of Section 831.5, and the
person who commits the offense knows or reasonably should know that
the victim is a peace officer, firefighter, or custodial officer
engaged in the performance of his or her duties, the person guilty of
the attempt shall be punished by imprisonment in the state prison
for life with the possibility of parole.
   This subdivision shall apply if it is proven that a direct but
ineffectual act was committed by one person toward killing another
human being and the person committing the act harbored express malice
aforethought, namely, a specific intent to unlawfully kill another
human being. The Legislature finds and declares that this paragraph
is declaratory of existing law.
   (f) Notwithstanding subdivision (a), if the elements of
subdivision (e) are proven in an attempted murder and it is also
charged and admitted or found to be true by the trier of fact that
the attempted murder was willful, deliberate, and premeditated, the
person guilty of the attempt shall be punished by imprisonment in the
state prison for 15 years to life. Article 2.5 (commencing with
Section 2930) of Chapter 7 of Title 1 of Part 3 shall not apply to
reduce this minimum term of 15 years in state prison, and the person
shall not be released prior to serving 15 years' confinement.
665.  Sections 663 and 664 do not protect a person who, in
attempting unsuccessfully to commit a crime, accomplishes the
commission of another and different crime, whether greater or less in
guilt, from suffering the punishment prescribed by law for the crime
committed.
666.  Every person who, having been convicted of petty theft, grand
theft, auto theft under Section 10851 of the Vehicle Code, burglary,
carjacking, robbery, or a felony violation of Section 496 and having
served a term therefor in any penal institution or having been
imprisoned therein as a condition of probation for that offense, is
subsequently convicted of petty theft, then the person convicted of
that subsequent offense is punishable by imprisonment in the county
jail not exceeding one year, or in the state prison.
666.5.  (a) Every person who, having been previously convicted of a
felony violation of Section 10851 of the Vehicle Code, or felony
grand theft involving an automobile in violation of subdivision (d)
of Section 487 or former subdivision (3) of Section 487, as that
section read prior to being amended by Section 4 of Chapter 1125 of
the Statutes of 1993, or felony grand theft involving a motor
vehicle, as defined in Section 415 of the Vehicle Code, any trailer,
as defined in Section 630 of the Vehicle Code, any special
construction equipment, as defined in Section 565 of the Vehicle
Code, or any vessel, as defined in Section 21 of the Harbors and
Navigation Code in violation of former Section 487h, or a felony
violation of Section 496d regardless of whether or not the person
actually served a prior prison term for those offenses, is
subsequently convicted of any of these offenses shall be punished by
imprisonment in the state prison for two, three, or four years, or a
fine of ten thousand dollars ($10,000), or both the fine and the
imprisonment.
   (b) For the purposes of this section, the terms "special
construction equipment" and "vessel" are limited to motorized
vehicles and vessels.
   (c) The existence of any fact which would bring a person under
subdivision (a) shall be alleged in the information or indictment and
either admitted by the defendant in open court, or found to be true
by the jury trying the issue of guilt or by the court where guilt is
established by plea of guilty or nolo contendere or by trial by the
court sitting without a jury.
666.7.  It is the intent of the Legislature that this section serve
merely as a nonsubstantive comparative reference of current sentence
enhancement provisions. Nothing in this section shall have any
substantive effect on the application of any sentence enhancement
contained in any provision of law, including, but not limited to, all
of the following: omission of any sentence enhancement provision,
inclusion of any obsolete sentence enhancement provision, or
inaccurate reference or summary of a sentence enhancement provision.
   It is the intent of the Legislature to amend this section as
necessary to accurately reflect current sentence enhancement
provisions, including the addition of new provisions and the deletion
of obsolete provisions.
   For the purposes of this section, the term "sentence enhancement"
means an additional term of imprisonment in the state prison added to
the base term for the underlying offense. A sentence enhancement is
imposed because of the nature of the offense at the time the offense
was committed or because the defendant suffered a qualifying prior
conviction before committing the current offense.
   (a) The provisions listed in this subdivision imposing a sentence
enhancement of one year imprisonment in the state prison may be
referenced as Schedule A.
   (1) Money laundering when the value of transactions exceeds fifty
thousand dollars ($50,000), but is less than one hundred fifty
thousand dollars ($150,000) (subpara. (A), para. (1), subd. (c), Sec.
186.10, Pen. C.).
   (2) Commission of two or more related felonies, a material element
of which is fraud or embezzlement, which involve a pattern of
related felony conduct, involving the taking of more than one hundred
thousand dollars ($100,000) (para. (3), subd. (a), Sec. 186.11, Pen.
C.).
   (3) Felony conviction of willful harm or injury to a child,
involving female genital mutilation (subd. (a), Sec.  273.4, Pen.
C.).
   (4) Prior conviction of felony hate crime with a current
conviction of felony hate crime (subd. (e), Sec. 422.75, Pen. C.).
   (5) Harming, obstructing, or interfering with any horse or dog
being used by any peace officer in the discharge or attempted
discharge of his or her duties and, with the intent to so harm,
obstruct, or interfere, personally causing the death, destruction, or
serious physical injury of any horse or dog (subd. (c), Sec. 600,
Pen. C.).
   (6) Prior prison term with current felony conviction (subd. (b),
Sec. 667.5, Pen. C.).
   (7) Commission of any specified offense against a person who is 65
years of age or older, blind, a paraplegic or quadriplegic, or under
14 years of age (subd. (a), Sec. 667.9, Pen. C.).
   (8) Showing child pornography to a minor prior to or during the
commission or attempted commission of any lewd or lascivious act with
the minor (subd. (a), Sec. 667.15, Pen. C.).
   (9) Felony conviction of forgery, grand theft, or false pretenses
as part of a plan or scheme to defraud an owner in connection with
repairs to a structure damaged by a natural disaster (subd. (a), Sec.
667.16, Pen. C.).
   (10) Impersonating a peace officer during the commission of a
felony (Sec. 667.17, Pen. C.).
   (11) Felony conviction of any specified offense, including, but
not limited to, forgery, grand theft, and false pretenses, as part of
a plan or scheme to defraud an owner in connection with repairs to a
structure damaged by natural disaster with a prior felony conviction
of any of those offenses (subd. (c), Sec. 670, Pen. C.).
   (12) Commission or attempted commission of a felony while armed
with a firearm (para. (1), subd. (a), Sec. 12022, Pen. C.).
   (13) Personally using a deadly or dangerous weapon in the
commission or attempted commission of a felony (para.  (1), subd.
(b), Sec. 12022, Pen. C.).
   (14) Taking, damaging, or destroying any property in the
commission or attempted commission of a felony with the intent to
cause that taking, damage, or destruction when the loss exceeds fifty
thousand dollars ($50,000) (para. (1), subd. (a), Sec. 12022.6, Pen.
C.).
   (15) Transferring, lending, selling, or giving any assault weapon
to a minor (para. (2), subd. (a), Sec. 12280, Pen. C.).
   (16) Manufacturing, causing to be manufactured, distributing,
transporting, importing, keeping for sale, offering or exposing for
sale, giving, or lending any assault weapon while committing another
crime (subd. (d), Sec. 12280, Pen.  C.).
   (17) Inducing, employing, or using a minor to commit a drug
offense involving heroin, cocaine, or cocaine base, or unlawfully
furnishing one of these controlled substances to a minor, upon the
grounds of, or within, a church, playground, youth center, child day
care facility, or public swimming pool during business hours or
whenever minors are using the facility (para. (1), subd. (a), Sec.
11353.1, H.& S.C.).
   (18) Inducing another person to commit a drug offense as part of
the drug transaction for which the defendant is convicted when the
value of the controlled substance involved exceeds five hundred
thousand dollars ($500,000) (para.  (1), subd. (a), Sec. 11356.5, H.&
S.C.).
   (19) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing methamphetamine or phencyclidine (PCP), or
attempting to commit any of those acts, or possessing specified
combinations of substances with the intent to manufacture either
methamphetamine or phencyclidine (PCP), when the commission or
attempted commission of the offense causes the death or great bodily
injury of another person other than an accomplice (subd. (a), Sec.
11379.9, H.& S.C.).
   (20) Using a minor to commit a drug offense involving
phencyclidine (PCP), methamphetamine, or lysergic acid diethylamide
(LSD), or unlawfully furnishing one of these controlled substances to
a minor, when the commission of the offense occurs upon the grounds
of, or within, a church, playground, youth center, child day care
facility, or public swimming pool during business hours or whenever
minors are using the facility (para. (1), subd. (a), Sec. 11380.1,
H.& S.C.).
   (21) Causing bodily injury or death to more than one victim in any
one instance of driving under the influence of any alcoholic
beverage or drug (Sec. 23558, Veh. C.).
   (22) Fraudulently appropriating food stamps, electronically
transferred benefits, or authorizations to participate in the federal
Food Stamp Program entrusted to a public employee, or knowingly
using, transferring, selling, purchasing, or possessing any of the
same in an unauthorized manner, when the offense is committed by
means of an electronic transfer of benefits in an amount exceeding
fifty thousand dollars ($50,000), but less than one hundred fifty
thousand dollars ($150,000) (subpara. (A), para. (1), subd. (h), Sec.
10980, W.& I.C.).
   (b) The provisions listed in this subdivision imposing a sentence
enhancement of one, two, or three years' imprisonment in the state
prison may be referenced as Schedule B.
   (1) Commission or attempted commission of a felony hate crime
(subd. (a), Sec. 422.75, Pen. C.).
   (2) Commission or attempted commission of a felony against the
property of a public or private institution because the property is
associated with a person or group of identifiable race, color,
religion, nationality, country of origin, ancestry, gender,
disability, or sexual orientation (subd. (b), Sec. 422.75, Pen. C.).
   (3) Felony conviction of unlawfully causing a fire of any
structure, forest land, or property when the defendant has been
previously convicted of arson or unlawfully causing a fire, or when a
firefighter, peace officer, or emergency personnel suffered great
bodily injury, or when the defendant proximately caused great bodily
injury to more than one victim, or caused multiple structures to burn
(subd. (a), Sec. 452.1, Pen. C.).
   (4) Carrying a loaded or unloaded firearm during the commission or
attempted commission of any felony street gang crime (subd. (a),
Sec. 12021.5, Pen. C.).
   (5) Personally using a deadly or dangerous weapon in the
commission of carjacking or attempted carjacking (para.  (2), subd.
(b), Sec. 12022, Pen. C.).
   (6) Being a principal in the commission or attempted commission of
any specified drug offense, knowing that another principal is
personally armed with a firearm (subd. (d), Sec. 12022, Pen. C.).
   (7) Furnishing or offering to furnish a firearm to another for the
purpose of aiding, abetting, or enabling that person or any other
person to commit a felony (Sec. 12022.4, Pen. C.).
   (8) Selling, supplying, delivering, or giving possession or
control of a firearm to any person within a prohibited class or to a
minor when the firearm is used in the subsequent commission of a
felony (para. (4), subd. (g), Sec. 12072, Pen. C.).
   (9) Inducing, employing, or using a minor who is at least four
years younger than the defendant to commit a drug offense involving
any specified controlled substance, including, but not limited to,
heroin, cocaine, and cocaine base, or unlawfully providing one of
these controlled substances to a minor (para. (3), subd. (a), Sec.
11353.1, H.& S.C.).
   (10) Prior conviction of inducing, employing, or using a minor to
commit a drug offense involving cocaine base, or unlawfully providing
cocaine base to a minor that resulted in a prison sentence with a
current conviction of the same offense (subd. (a), Sec. 11353.4, H.&
S.C.).
   (11) Prior conviction of inducing, employing, or using a minor to
commit a drug offense involving cocaine base, or unlawfully providing
cocaine base to a minor with a current conviction of the same
offense involving a minor who is 14 years of age or younger (subd.
(b), Sec. 11353.4, H.& S.C.).
   (12) Inducing, employing, or using a minor who is at least four
years younger than the defendant to commit a drug offense involving
any specified controlled substance, including, but not limited to,
phencyclidine (PCP), methamphetamine, and lysergic acid diethylamide
(LSD), or unlawfully providing one of these controlled substances to
a minor (para. (3), subd. (a), Sec. 11380.1, H.& S.C.).
   (13) Causing great bodily injury or a substantial probability that
death could result by the knowing disposal, transport, treatment,
storage, burning, or incineration of any hazardous waste at a
facility without permits or at an unauthorized point (subd. (e), Sec.
25189.5, and subd. (c), Sec. 25189.7, H.& S.C.).
   (c) The provisions listed in this subdivision imposing a sentence
enhancement of one, two, or five years' imprisonment in the state
prison may be referenced as Schedule C.
   (1) Wearing a bullet-resistant body vest in the commission or
attempted commission of a violent offense (subd.  (b), Sec. 12022.2,
Pen. C.).
   (2) Commission or attempted commission of any specified sex
offense while armed with a firearm or deadly weapon (subd. (b), Sec.
12022.3, Pen. C.).
   (d) The provisions listed in this subdivision imposing a sentence
enhancement of 16 months, or two or three years' imprisonment in the
state prison may be referenced as Schedule D.
   Knowing failure to register pursuant to Section 186.30 and
subsequent conviction or violation of Section 186.30, as specified
(para. (1), subd. (b), Sec. 186.33, Pen. C.).
   (e) The provisions listed in this subdivision imposing a sentence
enhancement of two years' imprisonment in the state prison may be
referenced as Schedule E.
   (1) Money laundering when the value of the transactions exceeds
one hundred fifty thousand dollars ($150,000), but is less than one
million dollars ($1,000,000) (subpara. (B), para. (1), subd. (c),
Sec. 186.10, Pen. C.).
   (2) Commission of two or more related felonies, a material element
of which is fraud or embezzlement, which involve a pattern of
related felony conduct, involving the taking of more than one hundred
fifty thousand dollars ($150,000) (para. (3), subd. (a), Sec.
186.11, Pen. C.).
   (3) Conviction of any specified felony sex offense that is
committed after fleeing to this state under specified circumstances
(subd. (d), Sec. 289.5, Pen. C.).
   (4) Prior conviction of any specified insurance fraud offense with
a current conviction of willfully injuring, destroying, secreting,
abandoning, or disposing of any property insured against loss or
damage by theft, embezzlement, or any casualty with the intent to
defraud or prejudice the insurer (subd. (b), Sec. 548, Pen. C.).
   (5) Prior conviction of any specified insurance fraud offense with
a current conviction of knowingly presenting any false or fraudulent
insurance claim or multiple claims for the same loss or injury, or
knowingly causing or participating in a vehicular collision for the
purpose of presenting any false or fraudulent claim, or providing
false or misleading information or concealing information for purpose
of insurance fraud (subd. (e), Sec. 550, Pen. C.).
   (6) Causing serious bodily injury as a result of knowingly causing
or participating in a vehicular collision or accident for the
purpose of presenting any false or fraudulent claim (subd. (g), Sec.
550, Pen. C.).
   (7) Harming, obstructing, or interfering with any horse or dog
being used by any peace officer in the discharge or attempted
discharge of his or her duties and, with the intent to cause great
bodily injury, personally causing great bodily injury to any person
other than an accomplice (subd. (d), Sec. 600, Pen. C.).
   (8) Prior conviction of any specified offense with a current
conviction of any of those offenses committed against a person who is
65 years of age or older, blind, a paraplegic or quadriplegic, or
under 14 years of age (subd.  (b), Sec. 667.9, Pen. C.).
   (9) Prior conviction for sexual penetration with a current
conviction of the same offense committed against a person who is 65
years of age or older, blind, deaf, developmentally disabled, a
paraplegic or quadriplegic, or under 14 years of age (subd. (a), Sec.
667.10, Pen. C.).
   (10) Showing child pornography to a minor prior to or during the
commission or attempted commission of continuous sexual abuse of the
minor (subd. (b), Sec. 667.15, Pen. C.).
   (11) Primary care provider in a day care facility committing any
specified felony sex offense against a minor entrusted to his or her
care (subd. (a), Sec. 674, Pen. C.).
   (12) Commission of a felony offense while released from custody on
bail or own recognizance (subd. (b), Sec.  12022.1, Pen. C.).
   (13) Taking, damaging, or destroying any property in the
commission or attempted commission of a felony with the intent to
cause that taking, damage, or destruction when the loss exceeds one
hundred fifty thousand dollars ($150,000) (para. (2), subd. (a), Sec.
12022.6, Pen. C.).
   (14) Inducing, employing, or using a minor to commit a drug
offense involving heroin, cocaine, or cocaine base, or unlawfully
furnishing one of these controlled substances to a minor, upon, or
within 1,000 feet of, the grounds of a school during school hours or
whenever minors are using the facility (para. (2), subd. (a), Sec.
11353.1, H.& S.C.).
   (15) Inducing another person to commit a drug offense as part of
the drug transaction for which the defendant is convicted when the
value of the controlled substance involved exceeds two million
dollars ($2,000,000) (para. (2), subd. (a), Sec. 11356.5, H.& S.C.).
   (16) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing methamphetamine or phencyclidine (PCP), or
attempting to commit any of those acts, or possessing specified
combinations of substances with the intent to manufacture either
methamphetamine or phencyclidine (PCP), when the commission or
attempted commission of the crime occurs in a structure where any
child under 16 years of age is present (subd. (a), Sec. 11379.7, H.&
S.C.).
   (17) Using a minor to commit a drug offense involving
phencyclidine (PCP), methamphetamine, or lysergic acid diethylamide
(LSD), or unlawfully furnishing one of these controlled substances to
a minor, upon, or within 1,000 feet of, the grounds of a school
during school hours or whenever minors are using the facility (para.
(2), subd. (a), Sec.  11380.1, H.& S.C.).
   (18) Prior felony conviction of any specified insurance fraud
offense with a current conviction of making false or fraudulent
statements concerning a workers' compensation claim (subd. (c), Sec.
1871.4, Ins. C.).
   (19) Prior felony conviction of making or causing to be made any
knowingly false or fraudulent statement of any fact material to the
determination of the premium, rate, or cost of any policy of workers'
compensation insurance for the purpose of reducing the premium,
rate, or cost of the insurance with a current conviction of the same
offense (subd. (b), Sec. 11760, Ins. C.).
   (20) Prior felony conviction of making or causing to be made any
knowingly false or fraudulent statement of any fact material to the
determination of the premium, rate, or cost of any policy of workers'
compensation insurance issued or administered by the State
Compensation Insurance Fund for the purpose of reducing the premium,
rate, or cost of the insurance with a current conviction of the same
offense (subd. (b), Sec. 11880, Ins. C.).
   (21) Fraudulently appropriating food stamps, electronically
transferred benefits, or authorizations to participate in the federal
Food Stamp Program entrusted to a public employee, or knowingly
using, transferring, selling, purchasing, or possessing, any of the
same in an unauthorized manner, when the offense is committed by
means of an electronic transfer of benefits in an amount exceeding
one hundred fifty thousand dollars ($150,000), but less than one
million dollars ($1,000,000) (subpara. (B), para. (1), subd. (h),
Sec. 10980, W.& I.C.).
   (f) The provisions listed in this subdivision imposing a sentence
enhancement of two, three, or four years' imprisonment in the state
prison may be referenced as Schedule F.
   (1) Commission of a felony, other than a serious or violent
felony, for the benefit of, at the direction of, or in association
with, any criminal street gang, with the specific intent to promote,
further, or assist in any criminal conduct by gang members (subpara.
(A), para. (1), subd. (b), Sec. 186.22, Pen. C.).
   (2) Acting in concert with another person or aiding or abetting
another person in committing or attempting to commit a felony hate
crime (subd. (c), Sec. 422.75, Pen. C.).
   (3) Carrying a loaded or unloaded firearm together with a
detachable shotgun magazine, a detachable pistol magazine, a
detachable magazine, or a belt-feeding device during the commission
or attempted commission of any felony street gang crime (subd. (b),
Sec. 12021.5, Pen. C.).
   (g) The provisions listed in this subdivision imposing a sentence
enhancement of two, three, or five years' imprisonment in the state
prison may be referenced as Schedule G.
   Commission of two or more related felonies, a material element of
which is fraud or embezzlement, which involve a pattern of related
felony conduct, involving the taking of more than five hundred
thousand dollars ($500,000) (para.  (2), subd. (a), Sec. 186.11, Pen.
C.).
   (h) The provisions listed in this subdivision imposing a sentence
enhancement of three years' imprisonment in the state prison may be
referenced as Schedule H.
   (1) Money laundering when the value of transactions exceeds one
million dollars ($1,000,000), but is less than two million five
hundred thousand dollars ($2,500,000) (subpara. (C), para. (1), subd.
(c), Sec. 186.10, Pen. C.).
   (2) Solicitation, recruitment, or coercion, of a minor to actively
participate in a criminal street gang (subd.  (d), Sec. 186.26, Pen.
C.).
   (3) Willfully mingling any poison or harmful substance which may
cause death if ingested, or which causes the infliction of great
bodily injury on any person, with any food, drink, medicine, or
pharmaceutical product or willfully placing that poison or harmful
substance in any spring, well, reservoir, or public water supply
(para. (2), subd. (a), Sec. 347, Pen. C.).
   (4) Causing great bodily injury by willfully causing or permitting
any elder or dependent adult to suffer, or inflicting pain or mental
suffering upon, or endangering the health of, an elder or dependent
adult when the victim is under 70 years of age (subpara. (A), para.
(2), subd. (b), Sec. 368, Pen. C.).
   (5) Maliciously driving or placing, in any tree, saw-log,
shingle-bolt, or other wood, any iron, steel, ceramic, or other
substance sufficiently hard to injure saws and causing bodily injury
to another person other than an accomplice (subd. (b), Sec. 593a,
Pen. C.).
   (6) Prior prison term for a violent felony with a current violent
felony conviction (subd. (a), Sec. 667.5, Pen.  C.).
   (7) Commission of any specified felony sex offense by a primary
care provider in a day care facility against a minor entrusted to his
or her care while voluntarily acting in concert with another (subd.
(b), Sec. 674, Pen. C.).
   (8) Commission or attempted commission of a felony while armed
with an assault weapon or a machinegun (para. (2), subd. (a), Sec.
12022, Pen. C.).
   (9) Taking, damaging, or destroying any property in the commission
or attempted commission of a felony with the intent to cause that
taking, damage, or destruction when the loss exceeds one million
dollars ($1,000,000) (para. (3), subd. (a), Sec. 12022.6, Pen. C.).
   (10) Personally inflicting great bodily injury on any person other
than an accomplice in the commission or attempted commission of a
felony (subd. (a), Sec. 12022.7, Pen. C.).
   (11) Administering by injection, inhalation, ingestion, or any
other means, any specified controlled substance against the victim's
will by means of force, violence, or fear of immediate and unlawful
bodily injury to the victim or another person for the purpose of
committing a felony (Sec. 12022.75, Pen. C.).
   (12) Commission of any specified sex offense with knowledge that
the defendant has acquired immunodeficiency syndrome (AIDS) or with
the knowledge that he or she carries antibodies of the human
immunodeficiency virus at the time of the commission of the offense
(subd. (a), Sec. 12022.85, Pen. C.).
   (13) Inducing another person to commit a drug offense as part of
the drug transaction for which the defendant is convicted when the
value of the controlled substance involved exceeds five million
dollars ($5,000,000) (para. (3), subd. (a), Sec. 11356.5, H.& S.C.).
   (14) Prior conviction of any specified drug offense with a current
conviction of any specified drug offense (subds. (a), (b), and (c),
Sec. 11370.2, H.& S.C.).
   (15) Commission of any specified drug offense involving a
substance containing heroin, cocaine base, cocaine, methamphetamine,
amphetamine, or phencyclidine (PCP), when the substance exceeds one
kilogram or 30 liters (para. (1), subd. (a), and para. (1), subd.
(b), Sec. 11370.4, H.& S.C.).
   (16) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing any substance containing amphetamine,
methamphetamine, or phencyclidine (PCP) or its analogs or precursors,
or attempting to commit any of those acts, when the substance
exceeds three gallons or one pound (para. (1), subd. (a), Sec.
11379.8, H.& S.C.).
   (17) Four or more prior convictions of specified alcohol-related
vehicle offenses with a current conviction of driving under the
influence and causing great bodily injury (subd. (c), Sec. 23566,
Veh. C.).
   (18) Fraudulently appropriating food stamps, electronically
transferred benefits, or authorizations to participate in the federal
Food Stamp Program entrusted to a public employee, or knowingly
using, transferring, selling, purchasing, or possessing, any of the
same in an unauthorized manner, when the offense is committed by
means of an electronic transfer of benefits in an amount exceeding
one million dollars ($1,000,000), but less than two million five
hundred thousand dollars ($2,500,000) (subpara. (C), para. (1), subd.
(h), Sec. 10980, W.& I.C.).
   (i) The provisions listed in this subdivision imposing a sentence
enhancement of three, four, or five years' imprisonment in the state
prison may be referenced as Schedule I.
   (1) Commission of felony arson with a prior conviction of arson or
unlawfully starting a fire, or causing great bodily injury to a
firefighter, peace officer, other emergency personnel, or multiple
victims, or causing the burning of multiple structures, or using an
accelerator or ignition delay device (subd. (a), Sec. 451.1, Pen.
C.).
   (2) Commission or attempted commission of any specified drug
offense while personally armed with a firearm (subd.  (c), Sec.
12022, Pen. C.).
   (3) Personally inflicting great bodily injury under circumstances
involving domestic violence in the commission or attempted commission
of a felony (subd. (e), Sec. 12022.7, Pen. C.).
   (4) Commission of any specified drug offense involving cocaine
base, heroin, or methamphetamine, or a conspiracy to commit any of
those offenses, upon the grounds of, or within 1,000 feet of, a
school during school hours or when minors are using the facility
(subd. (b), Sec. 11353.6, H.& S.C.).
   (5) Commission of any specified drug offense involving cocaine
base, heroin, or methamphetamine, or a conspiracy to violate any of
those offenses, involving a minor who is at least four years younger
than the defendant (subd. (c), Sec. 11353.6, H.& S.C.).
   (j) The provisions listed in this subdivision imposing a sentence
enhancement of 3, 4, or 10 years' imprisonment in the state prison
may be referenced as Schedule J.
   (1) Commission or attempted commission of any felony while armed
with a firearm and in the immediate possession of ammunition for the
firearm designed primarily to penetrate metal or armor (subd. (a),
Sec. 12022.2, Pen. C.).
   (2) Commission or attempted commission of any specified sex
offense while using a firearm or deadly weapon (subd.  (a), Sec.
12022.3, Pen. C.).
   (3) Commission or attempted commission of a felony while
personally using a firearm (subd. (a), Sec. 12022.5, Pen. C.).
   (k) The provisions listed in this subdivision imposing a sentence
enhancement of four years' imprisonment in the state prison may be
referenced as Schedule K.
   (1) Money laundering when the value of transactions exceeds two
million five hundred thousand dollars ($2,500,000) (subpara. (D),
para. (1), subd. (c), Sec. 186.10, Pen. C.).
   (2) Prior conviction of willfully inflicting upon a child any
cruel or inhuman corporal punishment or injury resulting in a
traumatic condition with a current conviction of that offense (subd.
(b), Sec. 273d, Pen. C.).
                                            (3) Taking, damaging, or
destroying any property in the commission or attempted commission of
a felony with the intent to cause that taking, damage, or destruction
when the loss exceeds two million five hundred thousand dollars
($2,500,000) (para. (4), subd. (a), Sec. 12022.6, Pen. C.).
   (4) Willfully causing or permitting any child to suffer, or
inflicting on the child unjustifiable physical pain or injury that
results in death under circumstances or conditions likely to produce
great bodily harm or death, or, having the care or custody of any
child, willfully causing or permitting that child to be injured or
harmed under circumstances likely to produce great bodily harm or
death, when that injury or harm results in death (Sec. 12022.95, Pen.
C.).
   (5) Fraudulently appropriating food stamps, electronically
transferred benefits, or authorizations to participate in the federal
Food Stamp Program entrusted to a public employee, or knowingly
using, transferring, selling, purchasing, or possessing, any of the
same in an unauthorized manner, when the offense is committed by
means of an electronic transfer of benefits in an amount exceeding
two million five hundred thousand dollars ($2,500,000) (subpara.
(D), para. (1), subd. (h), Sec. 10980, W.& I.C.).
   (6) Execution of a scheme or artifice to defraud the Medi-Cal
program or any other health care program administered by the State
Department of Health Services or its agents or contractors, or to
obtain under false or fraudulent pretenses, representations, or
promises any property owned by or under the custody of the Medi-Cal
program or any health care program administered by the department,
its agents, or contractors under circumstances likely to cause or
that do cause two or more persons great bodily injury (subd. (d),
Sec. 14107, W.& I.C.).
   (l) The provisions listed in this subdivision imposing a sentence
enhancement of four, five, or six years' imprisonment in the state
prison may be referenced as Schedule L.
   Personally inflicting great bodily injury on a child under the age
of five years in the commission or attempted commission of a felony
(subd. (d), Sec. 12022.7, Pen. C.).
   (m) The provisions listed in this subdivision imposing a sentence
enhancement of five years' imprisonment in the state prison may be
referenced as Schedule M.
   (1) Commission of a serious felony for the benefit of, at the
direction of, or in association with, any criminal street gang, with
the specific intent to promote, further, or assist in any criminal
conduct by gang members (subpara.  (B), para. (1), subd. (b), Sec.
186.22, Pen. C.).
   (2) Using sex offender registration information to commit a felony
(para. (1), subd. (c), Sec. 290.4, para. (1), subd. (e), Sec.
290.45, and para. (2), subd. (j), Sec. 290.46, Pen. C.).
   (3) Causing great bodily injury by willfully causing or permitting
any elder or dependent adult to suffer, or inflicting pain or mental
suffering upon, or endangering the health of, an elder or dependent
adult when the victim is 70 years of age or older (subpara. (B),
para. (2), subd. (b), Sec. 368, Pen. C.).
   (4) Causing death by willfully causing or permitting any elder or
dependent adult to suffer, or inflicting pain or mental suffering
upon, or endangering the health of, an elder or dependent adult when
the victim is under 70 years of age (subpara. (A), para. (3), subd.
(b), Sec. 368, Pen. C.).
   (5) Two prior felony convictions of knowingly causing or
participating in a vehicular collision or accident for the purpose of
presenting any false or fraudulent claim with a current conviction
of the same (subd. (f), Sec. 550, Pen. C.).
   (6) Prior conviction of a serious felony with a current conviction
of a serious felony (para. (1), subd. (a), Sec. 667, Pen. C.).
   (7) Prior conviction of any specified sex offense with a current
conviction of lewd and lascivious acts with a child under 14 years of
age (subd. (a), Sec. 667.51, Pen. C.).
   (8) Prior conviction of any specified sex offense with a current
conviction of any of those sex offenses (subd.  (a), Sec. 667.6, Pen.
C.).
   (9) Kidnapping or carrying away any child under 14 years of age
with the intent to permanently deprive the parent or legal guardian
custody of that child (Sec. 667.85, Pen. C.).
   (10) Personally inflicting great bodily injury on any person other
than an accomplice in the commission or attempted commission of a
felony that causes the victim to become comatose due to a brain
injury or to suffer paralysis of a permanent nature (subd. (b), Sec.
12022.7, Pen. C.).
   (11) Personally inflicting great bodily injury on another person
who is 70 years of age or older other than an accomplice in the
commission or attempted commission of a felony (subd. (c), Sec.
12022.7, Pen. C.).
   (12) Inflicting great bodily injury on any victim in the
commission or attempted commission of any specified sex offense (Sec.
12022.8, Pen. C.).
   (13) Personally and intentionally inflicting injury upon a
pregnant woman during the commission or attempted commission of a
felony that results in the termination of the pregnancy when the
defendant knew or reasonably should have known that the victim was
pregnant (Sec. 12022.9, Pen. C.).
   (14) Using information disclosed to the licensee of a community
care facility by a prospective client regarding his or her status as
a sex offender to commit a felony (subd. (c), Sec. 1522.01, H.&
S.C.).
   (15) Commission of any specified drug offense involving a
substance containing heroin, cocaine base, cocaine, methamphetamine,
amphetamine, or phencyclidine (PCP), when the substance exceeds four
kilograms or 100 liters (para.  (2), subd. (a), and para. (2), subd.
(b), Sec. 11370.4, H.& S.C.).
   (16) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing methamphetamine or phencyclidine (PCP), or
attempting to commit any of those acts, or possessing specified
combinations of substances with the intent to manufacture either
methamphetamine or phencyclidine (PCP), when the commission of the
crime causes any child under 16 years of age to suffer great bodily
injury (subd. (b), Sec. 11379.7, H.& S.C.).
   (17) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing any substance containing amphetamine,
methamphetamine, or phencyclidine (PCP) or its analogs or precursors,
or attempting to commit any of those acts, when the substance
exceeds 10 gallons or three pounds (para. (2), subd. (a), Sec.
11379.8, H.& S.C.).
   (18) Fleeing the scene of the crime after the commission of
vehicular manslaughter (subd. (c), Sec. 20001, Veh.  C.).
   (n) The provisions listed in this subdivision imposing a sentence
enhancement of 5, 6, or 10 years' imprisonment in the state prison
may be referenced as Schedule N.
   (1) Commission or attempted commission of a felony while
personally using an assault weapon or a machinegun (subd. (b), Sec.
12022.5, Pen. C.).
   (2) Discharging a firearm from a motor vehicle in the commission
or attempted commission of a felony with the intent to inflict great
bodily injury or death and causing great bodily injury or death (Sec.
12022.55, Pen. C.).
   (o) The provisions listed in this subdivision imposing a sentence
enhancement of seven years' imprisonment in the state prison may be
referenced as Schedule O.
   Causing death by willfully causing or permitting any elder or
dependent adult to suffer, or inflicting pain or mental suffering
upon, or endangering the health of, an elder or dependent adult when
the victim is 70 years of age or older (subpara. (B), para. (3),
subd. (b), Sec. 368, Pen. C.).
   (p) The provisions listed in this subdivision imposing a sentence
enhancement of nine years' imprisonment in the state prison may be
referenced as Schedule P.
   Kidnapping a victim for the purpose of committing any specified
felony sex offense (subd. (a), Sec. 667.8, Pen. C.).
   (q) The provisions listed in this subdivision imposing a sentence
enhancement of 10 years' imprisonment in the state prison may be
referenced as Schedule Q.
   (1) Commission of a violent felony for the benefit of, at the
direction of, or in association with, any criminal street gang, with
the specific intent to promote, further, or assist in any criminal
conduct by gang members (subpara.  (C), para. (1), subd. (b), Sec.
186.22, Pen. C.).
   (2) Two or more prior prison terms for any specified sex offense
with a current conviction of any of those sex offenses (subd. (b),
Sec. 667.6, Pen. C.).
   (3) Commission or attempted commission of any specified felony
offense while personally using a firearm (subd.  (b), Sec. 12022.53,
Pen. C.).
   (4) Commission of any specified drug offense involving a substance
containing heroin, cocaine base, cocaine, methamphetamine,
amphetamine, or phencyclidine (PCP), when the substance exceeds 10
kilograms or 200 liters (para. (3), subd. (a), and para. (3), subd.
(b), Sec. 11370.4, H.& S.C.).
   (5) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing any substance containing amphetamine,
methamphetamine, or phencyclidine (PCP) or its analogs or precursors,
or attempting to commit any of those acts, when the substance
exceeds 25 gallons or 10 pounds (para. (3), subd. (a), Sec. 11379.8,
H.& S.C.).
   (r) The provisions listed in this subdivision imposing a sentence
enhancement of 15 years' imprisonment in the state prison may be
referenced as Schedule R.
   (1) Kidnapping a victim under 14 years of age for the purpose of
committing any specified felony sex offense (subd. (b), Sec. 667.8,
Pen. C.).
   (2) Commission of any specified drug offense involving a substance
containing heroin, cocaine base, cocaine, methamphetamine,
amphetamine, or phencyclidine (PCP), when the substance exceeds 20
kilograms or 400 liters (para. (4), subd. (a), and para. (4), subd.
(b), Sec. 11370.4, H.& S.C.).
   (3) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing any substance containing amphetamine,
methamphetamine, or phencyclidine (PCP) or its analogs or precursors,
or attempting to commit any of those acts, when the substance
exceeds 105 gallons or 44 pounds (para. (4), subd. (a), Sec. 11379.8,
H.& S.C.).
   (s) The provisions listed in this subdivision imposing a sentence
enhancement of 20 years' imprisonment in the state prison may be
referenced as Schedule S.
   (1) Intentionally and personally discharging a firearm in the
commission or attempted commission of any specified felony offense
(subd. (c), Sec. 12022.53, Pen. C.).
   (2) Commission of any specified drug offense involving a substance
containing heroin, cocaine base, or cocaine, when the substance
exceeds 40 kilograms (para. (5), subd. (a), Sec. 11370.4, H.& S.C.).
   (t) The provisions listed in this subdivision imposing a sentence
enhancement of 25 years' imprisonment in the state prison may be
referenced as Schedule T.
   Commission of any specified drug offense involving a substance
containing heroin, cocaine base, or cocaine, when the substance
exceeds 80 kilograms (para. (6), subd. (a), Sec. 11370.4, H.& S.C.).
   (u) The provisions listed in this subdivision imposing a sentence
enhancement of 25 years to life imprisonment in the state prison may
be referenced as Schedule U.
   Intentionally and personally discharging a firearm in the
commission or attempted commission of any specified felony offense
and proximately causing great bodily injury to any person other than
an accomplice (subd. (d), Sec. 12022.53, Pen. C.).
667.  (a) (1) In compliance with subdivision (b) of Section 1385,
any person convicted of a serious felony who previously has been
convicted of a serious felony in this state or of any offense
committed in another jurisdiction which includes all of the elements
of any serious felony, shall receive, in addition to the sentence
imposed by the court for the present offense, a five-year enhancement
for each such prior conviction on charges brought and tried
separately.  The terms of the present offense and each enhancement
shall run consecutively.
   (2) This subdivision shall not be applied when the punishment
imposed under other provisions of law would result in a longer term
of imprisonment.  There is no requirement of prior incarceration or
commitment for this subdivision to apply.
   (3) The Legislature may increase the length of the enhancement of
sentence provided in this subdivision by a statute passed by majority
vote of each house thereof.
   (4) As used in this subdivision, "serious felony" means a serious
felony listed in subdivision (c) of Section 1192.7.
   (5) This subdivision shall not apply to a person convicted of
selling, furnishing, administering, or giving, or offering to sell,
furnish, administer, or give to a minor any methamphetamine-related
drug or any precursors of methamphetamine unless the prior conviction
was for a serious felony described in subparagraph (24) of
subdivision (c) of Section 1192.7.
   (b) It is the intent of the Legislature in enacting subdivisions
(b) to (i), inclusive, to ensure longer prison sentences and greater
punishment for those who commit a felony and have been previously
convicted of serious and/or violent felony offenses.
   (c) Notwithstanding any other law, if a defendant has been
convicted of a felony and it has been pled and proved that the
defendant has one or more prior felony convictions as defined in
subdivision (d), the court shall adhere to each of the following:
   (1) There shall not be an aggregate term limitation for purposes
of consecutive sentencing for any subsequent felony conviction.
   (2) Probation for the current offense shall not be granted, nor
shall execution or imposition of the sentence be suspended for any
prior offense.
   (3) The length of time between the prior felony conviction and the
current felony conviction shall not affect the imposition of
sentence.
   (4) There shall not be a commitment to any other facility other
than the state prison.  Diversion shall not be granted nor shall the
defendant be eligible for commitment to the California Rehabilitation
Center as provided in Article 2 (commencing with Section 3050) of
Chapter 1 of Division 3 of the Welfare and Institutions Code.
   (5) The total amount of credits awarded pursuant to Article 2.5
(commencing with Section 2930) of Chapter 7 of Title 1 of Part 3
shall not exceed one-fifth of the total term of imprisonment imposed
and shall not accrue until the defendant is physically placed in the
state prison.
   (6) If there is a current conviction for more than one felony
count not committed on the same occasion, and not arising from the
same set of operative facts, the court shall sentence the defendant
consecutively on each count pursuant to subdivision (e).
   (7) If there is a current conviction for more than one serious or
violent felony as described in paragraph (6), the court shall impose
the sentence for each conviction consecutive to the sentence for any
other conviction for which the defendant may be consecutively
sentenced in the manner prescribed by law.
   (8) Any sentence imposed pursuant to subdivision (e) will be
imposed consecutive to any other sentence which the defendant is
already serving, unless otherwise provided by law.
   (d) Notwithstanding any other law and for the purposes of
subdivisions (b) to (i), inclusive, a prior conviction of a felony
shall be defined as:
   (1) Any offense defined in subdivision (c) of Section 667.5 as a
violent felony or any offense defined in subdivision (c) of Section
1192.7 as a serious felony in this state.  The determination of
whether a prior conviction is a prior felony conviction for purposes
of subdivisions (b) to (i), inclusive, shall be made upon the date of
that prior conviction and is not affected by the sentence imposed
unless the sentence automatically, upon the initial sentencing,
converts the felony to a misdemeanor.  None of the following
dispositions shall affect the determination that a prior conviction
is a prior felony for purposes of subdivisions (b) to (i), inclusive:
   (A) The suspension of imposition of judgment or sentence.
   (B) The stay of execution of sentence.
   (C) The commitment to the State Department of Health Services as a
mentally disordered sex offender following a conviction of a felony.
   (D) The commitment to the California Rehabilitation Center or any
other facility whose function is rehabilitative diversion from the
state prison.
   (2) A conviction in another jurisdiction for an offense that, if
committed in California, is punishable by imprisonment in the state
prison.  A prior conviction of a particular felony shall include a
conviction in another jurisdiction for an offense that includes all
of the elements of the particular felony as defined in subdivision
(c) of Section 667.5 or subdivision (c) of Section 1192.7.
   (3) A prior juvenile adjudication shall constitute a prior felony
conviction for purposes of sentence enhancement if:
   (A) The juvenile was 16 years of age or older at the time he or
she committed the prior offense.
   (B) The prior offense is listed in subdivision (b) of Section 707
of the Welfare and Institutions Code or described in paragraph (1) or
(2) as a felony.
   (C) The juvenile was found to be a fit and proper subject to be
dealt with under the juvenile court law.
   (D) The juvenile was adjudged a ward of the juvenile court within
the meaning of Section 602 of the Welfare and Institutions Code
because the person committed an offense listed in subdivision (b) of
Section 707 of the Welfare and Institutions Code.
   (e) For purposes of subdivisions (b) to (i), inclusive, and in
addition to any other enhancement or punishment provisions which may
apply, the following shall apply where a defendant has a prior felony
conviction:
   (1) If a defendant has one prior felony conviction that has been
pled and proved, the determinate term or minimum term for an
indeterminate term shall be twice the term otherwise provided as
punishment for the current felony conviction.
   (2) (A) If a defendant has two or more prior felony convictions as
defined in subdivision (d) that have been pled and proved, the term
for the current felony conviction shall be an indeterminate term of
life imprisonment with a minimum term of the indeterminate sentence
calculated as the greater of:
   (i) Three times the term otherwise provided as punishment for each
current felony conviction subsequent to the two or more prior felony
convictions.
   (ii) Imprisonment in the state prison for 25 years.
   (iii) The term determined by the court pursuant to Section 1170
for the underlying conviction, including any enhancement applicable
under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part
2, or any period prescribed by Section 190 or 3046.
   (B) The indeterminate term described in subparagraph (A) shall be
served consecutive to any other term of imprisonment for which a
consecutive term may be imposed by law.  Any other term imposed
subsequent to any indeterminate term described in subparagraph (A)
shall not be merged therein but shall commence at the time the person
would otherwise have been released from prison.
   (f) (1) Notwithstanding any other law, subdivisions (b) to (i),
inclusive, shall be applied in every case in which a defendant has a
prior felony conviction as defined in subdivision (d).  The
prosecuting attorney shall plead and prove each prior felony
conviction except as provided in paragraph (2).
   (2) The prosecuting attorney may move to dismiss or strike a prior
felony conviction allegation in the furtherance of justice pursuant
to Section 1385, or if there is insufficient evidence to prove the
prior conviction.  If upon the satisfaction of the court that there
is insufficient evidence to prove the prior felony conviction, the
court may dismiss or strike the allegation.
   (g) Prior felony convictions shall not be used in plea bargaining
as defined in subdivision (b) of Section 1192.7.  The prosecution
shall plead and prove all known prior felony convictions and shall
not enter into any agreement to strike or seek the dismissal of any
prior felony conviction allegation except as provided in paragraph
(2) of subdivision (f).
   (h) All references to existing statutes in subdivisions (c) to
(g), inclusive, are to statutes as they existed on June 30, 1993.
   (i) If any provision of subdivisions (b) to (h), inclusive, or the
application thereof to any person or circumstance is held invalid,
that invalidity shall not affect other provisions or applications of
those subdivisions which can be given effect without the invalid
provision or application, and to this end the provisions of those
subdivisions are severable.
   (j) The provisions of this section shall not be amended by the
Legislature except by statute passed in each house by rollcall vote
entered in the journal, two-thirds of the membership concurring, or
by a statute that becomes effective only when approved by the
electors.
667.1.  Notwithstanding subdivision (h) of Section 667, for all
offenses committed on or after the effective date of this act, all
references to existing statutes in subdivisions (c) to (g),
inclusive, of Section 667, are to those statutes as they existed on
the effective date of this act, including amendments made to those
statutes by this act.
667.5.  Enhancement of prison terms for new offenses because of
prior prison terms shall be imposed as follows:
   (a) Where one of the new offenses is one of the violent felonies
specified in subdivision (c), in addition to and consecutive to any
other prison terms therefor, the court shall impose a three-year term
for each prior separate prison term served by the defendant where
the prior offense was one of the violent felonies specified in
subdivision (c).  However, no additional term shall be imposed under
this subdivision for any prison term served prior to a period of 10
years in which the defendant remained free of both prison custody and
the commission of an offense which results in a felony conviction.
   (b) Except where subdivision (a) applies, where the new offense is
any felony for which a prison sentence is imposed, in addition and
consecutive to any other prison terms therefor, the court shall
impose a one-year term for each prior separate prison term served for
any felony; provided that no additional term shall be imposed under
this subdivision for any prison term served prior to a period of five
years in which the defendant remained free of both prison custody
and the commission of an offense which results in a felony
conviction.
   (c) For the purpose of this section, "violent felony" shall mean
any of the following:
   (1) Murder or voluntary manslaughter.
   (2) Mayhem.
   (3) Rape as defined in paragraph (2) or (6) of subdivision (a) of
Section 261 or paragraph (1) or (4) of subdivision (a) of Section
262.
   (4) Sodomy by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person.
   (5) Oral copulation by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another
person.
   (6) Lewd acts on a child under the age of 14 years as defined in
Section 288.
   (7) Any felony punishable by death or imprisonment in the state
prison for life.
   (8) Any felony in which the defendant inflicts great bodily injury
on any person other than an accomplice which has been charged and
proved as provided for in Section 12022.7 or 12022.9 on or after July
1, 1977, or as specified prior to July 1, 1977, in Sections 213,
264, and 461, or any felony in which the defendant uses a firearm
which use has been charged and proved as provided in Section 12022.5
or 12022.55.
   (9) Any robbery.
   (10) Arson, in violation of subdivision (a) or (b) of Section 451.
   (11) The offense defined in subdivision (a) of Section 289 where
the act is accomplished against the victim's will by force, violence,
duress, menace, or fear of immediate and unlawful bodily injury on
the victim or another person.
   (12) Attempted murder.
   (13) A violation of Section 12308, 12309, or 12310.
   (14) Kidnapping.
   (15) Assault with the intent to commit mayhem, rape, sodomy, or
oral copulation, in violation of Section 220.
   (16) Continuous sexual abuse of a child, in violation of Section
288.5.
   (17) Carjacking, as defined in subdivision (a) of Section 215.
   (18) A violation of Section 264.1.
   (19) Extortion, as defined in Section 518, which would constitute
a felony violation of Section 186.22 of the Penal Code.
   (20) Threats to victims or witnesses, as defined in Section 136.1,
which would constitute a felony violation of Section 186.22 of the
Penal Code.
   (21) Any burglary of the first degree, as defined in subdivision
(a) of Section 460, wherein it is charged and proved that another
person, other than an accomplice, was present in the residence during
the commission of the burglary.
   (22) Any violation of Section 12022.53.
   (23) A violation of subdivision (b) or (c) of Section 11418.
   The Legislature finds and declares that these specified crimes
merit special consideration when imposing a sentence to display
society's condemnation for these extraordinary crimes of violence
against the person.
   (d) For the purposes of this section, the defendant shall be
deemed to remain in prison custody for an offense until the official
discharge from custody or until release on parole, whichever first
occurs, including any time during which the defendant remains subject
to reimprisonment for escape from custody or is reimprisoned on
revocation of parole.  The additional penalties provided for prior
prison terms shall not be imposed unless they are charged and
admitted or found true in the action for the new offense.
   (e) The additional penalties provided for prior prison terms shall
not be imposed for any felony for which the defendant did not serve
a prior separate term in state prison.
   (f) A prior conviction of a felony shall include a conviction in
another jurisdiction for an offense which, if committed in
California, is punishable by imprisonment in the state prison if the
defendant served one year or more in prison for the offense in the
other jurisdiction.  A prior conviction of a particular felony shall
include a conviction in another jurisdiction for an offense which
includes all of the elements of the particular felony as defined
under California law if the defendant served one year or more in
prison for the offense in the other jurisdiction.
   (g) A prior separate prison term for the purposes of this section
shall mean a continuous completed period of prison incarceration
imposed for the particular offense alone or in combination with
concurrent or consecutive sentences for other crimes, including any
reimprisonment on revocation of parole which is not accompanied by a
new commitment to prison, and including any reimprisonment after an
escape from incarceration.
   (h) Serving a prison term includes any confinement time in any
state prison or federal penal institution as punishment for
commission of an offense, including confinement in a hospital or
other institution or facility credited as service of prison time in
the jurisdiction of the confinement.
   (i) For the purposes of this section, a commitment to the State
Department of Mental Health as a mentally disordered sex offender
following a conviction of a felony, which commitment exceeds one year
in duration, shall be deemed a prior prison term.
   (j) For the purposes of this section, when a person subject to the
custody, control, and discipline of the Director of Corrections is
incarcerated at a facility operated by the Department of the Youth
Authority, that incarceration shall be deemed to be a term served in
state prison.
   (k) Notwithstanding subdivisions (d) and (g) or any other
provision of law, where one of the new offenses is committed while
the defendant is temporarily removed from prison pursuant to Section
2690 or while the defendant is transferred to a community facility
pursuant to Section 3416, 6253, or 6263, or while the defendant is on
furlough pursuant to Section 6254, the defendant shall be subject to
the full enhancements provided for in this section.
   This subdivision shall not apply when a full, separate, and
consecutive term is imposed pursuant to any other provision of law.
667.51.  (a) Any person who is found guilty of violating Section 288
shall receive a five-year enhancement for a prior conviction of an
offense listed in subdivision (b), provided that no additional term
shall be imposed under this subdivision for any prison term served
prior to a period of 10 years in which the defendant remained free of
both prison custody and the commission of an offense that results in
a felony conviction.
   (b) Section 261, 264.1, 285, 286, 288, 288a, 288.5, or 289, or any
offense committed in another jurisdiction that includes all of the
elements of any of the offenses set forth in this subdivision.
   (c) Section 261, 264.1, 286, 288, 288a, 288.5, or 289, or any
offense committed in another jurisdiction that includes all of the
elements of any of the offenses set forth in this subdivision.
   (d) A violation of Section 288 by a person who has been previously
convicted two or more times of an offense listed in subdivision (c)
is punishable as a felony by imprisonment in the state prison for 15
years to life.  However, if the two or more prior convictions were
for violations of Section 288, this subdivision is applicable only if
the current violation or at least one of the prior convictions is
for an offense other than a violation of subdivision (a) of Section
288.  For purposes of this subdivision, a prior conviction is
required to have been for charges brought and tried separately.  The
provisions of Article 2.5 (commencing with Section 2930) of Chapter 7
of Title 1 of Part 3 shall apply to reduce  any minimum term in a
state prison imposed pursuant to this section, but that person shall
not otherwise be released on parole prior to that time.
667.6.  (a) Any person who is found guilty of violating paragraph
(2), (3), (6), or (7) of subdivision (a) of Section 261, paragraph
(1), (4), or (5) of subdivision (a) of Section 262, Section 264.1,
subdivision (b) of Section 288, Section 288.5 or subdivision (a) of
Section 289, of committing sodomy in violation of subdivision (k) of
Section 286, of committing oral copulation in violation of
subdivision (k) of Section 288a, or of committing sodomy or oral
copulation in violation of Section 286 or 288a by force, violence,
duress, menace, or fear of immediate and unlawful bodily injury on
the victim or another person who has been convicted previously of any
of those offenses shall receive a five-year enhancement for each of
those prior convictions provided that no enhancement shall be imposed
under this subdivision for any conviction occurring prior to a
period of 10 years in which the person remained free of both prison
custody and the commission of an offense which results in a felony
conviction.  In addition to the five-year enhancement imposed under
this subdivision, the court also may impose a fine not to exceed
twenty thousand dollars ($20,000) for anyone sentenced under these
provisions.  The fine imposed and collected pursuant to this
subdivision shall be deposited in the Victim-Witness Assistance Fund
to be available for appropriation to fund child sexual exploitation
and child sexual abuse victim counseling centers and prevention
programs established pursuant to Section 13837.
   (b) Any person convicted of an offense specified in subdivision
(a) who has served two or more prior prison terms as defined in
Section 667.5 for any offense specified in subdivision (a), shall
receive a 10-year enhancement for each of those prior terms provided
that no additional enhancement shall be imposed under this
subdivision for any prison term served prior to a period of 10 years
in which the person remained free of both prison custody and the
commission of an offense which results in a felony conviction.  In
addition to the 10-year enhancement imposed under this subdivision,
the court also may impose a fine not to exceed twenty thousand
dollars ($20,000) for any person sentenced under this subdivision.
The fine imposed and collected pursuant to this subdivision shall be
deposited in the Victim-Witness Assistance Fund to be available for
appropriation to fund child sexual exploitation and child sexual
abuse victim counseling centers and prevention programs established
pursuant to Section 13837.
   (c) In lieu of the term provided in Section 1170.1, a full,
separate, and consecutive term may be imposed for each violation of
Section 220, other than an assault with intent to commit mayhem,
provided that the person has been convicted previously of violating
Section 220 for an offense other than an assault with intent to
commit mayhem, paragraph (2), (3), (6), or (7) of subdivision (a) of
Section 261, paragraph (1), (4), or (5) of subdivision (a) of Section
262, Section 264.1, subdivision (b) of Section 288, Section 288.5 or
subdivision (a) of Section 289, of committing sodomy in violation of
subdivision (k) of Section 286, of committing oral copulation in
violation of subdivision (k) of Section 288a, or of committing sodomy
or oral copulation in violation of Section 286 or 288a by force,
violence, duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person whether or not the crimes were
committed during a single transaction.  If the term is imposed
consecutively pursuant to this subdivision, it shall be served
consecutively to any other term of imprisonment, and shall commence
from the time the person otherwise would have been released from
imprisonment.  The term shall not be included in any determination
pursuant to Section 1170.1.  Any other term imposed subsequent to
that term shall not be merged therein but shall commence at the time
the person otherwise would have been released from prison.
   (d) A full, separate, and consecutive term shall be served for
each violation of Section 220, other than an assault with intent to
commit mayhem, provided that the person has been convicted previously
of violating Section 220 for an offense other than an assault with
intent to commit mayhem, paragraph (2), (3), (6), or (7) of
subdivision (a) of Section 261, paragraph (1), (4), or (5) of
subdivision (a) of Section 262, Section 264.1, subdivision (b) of
Section 288, subdivision (a) of Section 289, of committing sodomy in
violation of subdivision (k) of Section 286, of committing oral
copulation in violation of subdivision (k) of Section 288a, or of
committing sodomy or oral copulation in violation of Section 286 or
288a by force, violence, duress, menace, or fear of immediate and
unlawful bodily injury on the victim or another person if the crimes
involve separate victims or involve the same victim on separate
occasions.
   In determining whether crimes against a single victim were
committed on separate occasions under this subdivision, the court
shall consider whether, between the commission of one sex crime and
another, the defendant had a reasonable opportunity to reflect upon
his or her actions and nevertheless resumed sexually assaultive
behavior.  Neither the duration of time between crimes, nor whether
or not the defendant lost or abandoned his or her opportunity to
attack, shall be, in and of itself, determinative on the issue of
whether the crimes in question occurred on separate occasions.
   The term shall be served consecutively to any other term of
imprisonment and shall commence from the time the person otherwise
would have been released from imprisonment.  The term shall not be
included in any determination pursuant to  Section 1170.1.  Any other
term imposed subsequent to that term shall not be merged therein but
shall commence at the time the person otherwise would have been
released from prison.
   (e) If the court orders a fine to be imposed pursuant to
subdivision (a) or (b), the actual administrative cost of collecting
that fine, not to exceed 2 percent of the total amount paid, may be
paid into the general fund of the county treasury for the use and
benefit of the county.
667.61.  (a) A person who is convicted of an offense specified in
subdivision (c) under one or more of the circumstances specified in
subdivision (d) or under two or more of the circumstances specified
in subdivision (e) shall be punished by imprisonment in the state
prison for life and shall not be eligible for release on parole for
25 years except as provided in subdivision (j).
   (b) Except as provided in subdivision (a), a person who is
convicted of an offense specified in subdivision (c) under one of the
circumstances specified in subdivision (e) shall be punished by
imprisonment in the state prison for life and shall not be eligible
for release on parole for 15 years except as provided in subdivision
(j).
   (c) This section shall apply to any of the following offenses:
   (1) A violation of paragraph (2) of subdivision (a) of Section
261.
   (2) A violation of paragraph (1) of subdivision (a) of Section
262.
   (3) A violation of Section 264.1.
   (4) A violation of subdivision (b) of Section 288.
   (5) A violation of subdivision (a) of Section 289.
   (6) Sodomy or oral copulation in violation of Section 286 or 288a
by force, violence, duress, menace, or fear of immediate and unlawful
bodily injury on the victim or another person.
   (7) A violation of subdivision (a) of Section 288, unless the
defendant qualifies for probation under subdivision (c) of Section
1203.066.
   (d) The following circumstances shall apply to the offenses
specified in subdivision (c):
   (1) The defendant has been previously convicted of an offense
specified in subdivision (c), including an offense committed in
another jurisdiction that includes all of the elements of an offense
specified in subdivision (c).
   (2) The defendant kidnapped the victim of the present offense and
the movement of the victim substantially increased the risk of harm
to the victim over and above that level of risk necessarily inherent
in the underlying offense in subdivision (c).
   (3) The defendant inflicted aggravated mayhem or torture on the
victim or another person in the commission of the present offense in
violation of Section 205 or 206.
   (4) The defendant committed the present offense during the
commission of a burglary, as defined in subdivision (a) of Section
460, with intent to commit an offense specified in subdivision (c).
   (e) The following circumstances shall apply to the offenses
specified in subdivision (c):
   (1) Except as provided in paragraph (2) of subdivision (d), the
defendant kidnapped the victim of the present offense in violation of
Section 207, 209, or 209.5.
   (2) Except as provided in paragraph (4) of subdivision (d), the
defendant committed the present offense during the commission of a
burglary, as defined in subdivision (a) of Section 460, or during the
commission of a burglary of a building, including any commercial
establishment, which was then closed to the public, in violation of
Section 459.
   (3) The defendant personally inflicted great bodily injury on the
victim or another person in the commission of the present offense in
violation of Section 12022.53, 12022.7, or 12022.8.
   (4) The defendant personally used a dangerous or deadly weapon or
firearm in the commission of the present offense in violation of
Section 12022, 12022.3, 12022.5, or 12022.53.
   (5) The defendant has been convicted in the present case or cases
of committing an offense specified in subdivision (c) against more
than one victim.
   (6) The defendant engaged in the tying or binding of the victim or
another person in the commission of the present offense.
   (7) The defendant administered a controlled substance to the
victim by force, violence, or fear in the commission of the present
offense in violation of Section 12022.75.
   (f) If only the minimum number of circumstances specified in
subdivision (d) or (e) which are required for the punishment provided
in subdivision (a) or (b) to apply have been pled and proved, that
circumstance or those circumstances shall be used as the basis for
imposing the term provided in subdivision (a) or (b) rather than
being used to impose the punishment authorized under any other law,
unless another law provides for a greater penalty.  However, if any
additional circumstance or circumstances specified in subdivision (d)
or (e) have been pled and proved, the minimum number of
circumstances shall be used as the basis for imposing the term
provided in subdivision (a), and any other additional circumstance or
circumstances shall be used to impose any punishment or enhancement
authorized under any other law.  Notwithstanding any other law, the
court shall not strike any of the circumstances specified in
subdivision (d) or (e).
   (g) The term specified in subdivision (a) or (b) shall be imposed
on the defendant once for any offense or offenses committed against a
single victim during a single occasion.  If there are multiple
victims during a single occasion, the term specified in subdivision
(a) or (b) shall be imposed on the defendant once for each separate
victim.  Terms for other offenses committed during a single occasion
shall be imposed as authorized under any other law, including Section
667.6, if applicable.
   (h) Probation shall not be granted to, nor shall the execution or
imposition of sentence be suspended for, any person who is subject to
punishment under this section for any offense specified in
paragraphs (1) to (6), inclusive, of subdivision (c).
   (i) For the penalties provided in this section to apply, the
existence of any fact required under subdivision (d) or (e) shall be
alleged in the accusatory pleading and either admitted by the
defendant in open court or found to be true by the trier of fact.
   (j) Article 2.5 (commencing with Section 2930) of Chapter 7 of
Title 1 of Part 3 shall apply to reduce the minimum term of 25 years
in the state prison imposed pursuant to subdivision (a) or 15 years
in the state prison imposed pursuant to subdivision (b).  However, in
no case shall the minimum term of 25 or 15 years be reduced by more
than 15 percent for credits granted pursuant to Section 2933, 4019,
or any other law providing for conduct credit reduction.  In no case
shall any person who is punished under this section be released on
parole prior to serving at least 85 percent of the minimum term of 25
or 15 years in the state prison.
667.7.  (a) Any person convicted of a felony in which the person
inflicted great bodily injury as provided in Section 12022.53 or
12022.7, or personally used force which was likely to produce great
bodily injury, who has served two or more prior separate prison terms
as defined in Section 667.5 for the crime of murder; attempted
murder; voluntary manslaughter; mayhem; rape by force, violence, or
fear of immediate and unlawful bodily injury on the victim or another
person; oral copulation by force, violence, duress, menace, or fear
of immediate and unlawful bodily injury on the victim or another
person; sodomy by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person;
lewd acts on a child under the age of 14 years by use of force,
violence, duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person; a violation of subdivision
(a) of Section 289 where the act is accomplished against the victim's
will by means of force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person;
kidnapping as punished in former subdivision (d) of Section 208, or
for ransom, extortion, or robbery; robbery involving the use of force
or a deadly weapon; assault with intent to commit murder; assault
with a deadly weapon; carjacking involving the use of a deadly
weapon; assault with intent to commit murder; assault with a deadly
weapon; assault with a force likely to produce great bodily injury;
assault with intent to commit rape, sodomy, oral copulation, sexual
penetration in violation of Section 289, or lewd and lascivious acts
on a child; arson of a structure; escape or attempted escape by an
inmate with force or violence in violation of subdivision (a) of
Section 4530, or of Section 4532; exploding a destructive device with
intent to murder in violation of Section 12308; exploding a
destructive device which causes bodily injury in violation of Section
12309, or mayhem or great bodily injury in violation of Section
12310; exploding a destructive device with intent to injure,
intimidate, or terrify, in violation of Section 12303.3; any felony
in which the person inflicted great bodily injury as provided in
Section 12022.53 or 12022.7; or any felony punishable by death or
life imprisonment with or without the possibility of parole is a
habitual offender and shall be punished as follows:
   (1) A person who served two prior separate prison terms shall be
punished by imprisonment in the state prison for life and shall not
be eligible for release on parole for 20 years, or the term
determined by the court pursuant to Section 1170 for the underlying
conviction, including any enhancement applicable under Chapter 4.5
(commencing with Section 1170) of Title 7 of Part 2, or any period
prescribed by Section 190 or 3046, whichever is greatest.  Article
2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3
shall apply to reduce any minimum term in a state prison imposed
pursuant to this section, but the person shall not otherwise be
released on parole prior to that time.
   (2) Any person convicted of a felony specified in this subdivision
who has served three or more prior separate prison terms, as defined
in Section 667.5, for the crimes specified in subdivision (a) of
this section shall be punished by imprisonment in the state prison
for life without the possibility of parole.
   (b) This section shall not prevent the imposition of the
punishment of death or imprisonment for life without the possibility
of parole.  No prior prison term shall be used for this determination
which was served prior to a period of 10 years in which the person
remained free of both prison custody and the commission of an offense
which results in a felony conviction.  As used in this section, a
commitment to the Department of the Youth Authority after conviction
for a felony shall constitute a prior prison term.  The term imposed
under this section shall be imposed only if the prior prison terms
are alleged under this section in the accusatory pleading, and either
admitted by the defendant in open court, or found to be true by the
jury trying the issue of guilt or by the court where guilt is
established by a plea of guilty or nolo contendere or by a trial by
the court sitting without a jury.
667.70.  Any person who is convicted of murder, which was committed
prior to June 3, 1998, and sentenced pursuant to paragraph (1) of
subdivision (a) of Section 667.7, shall be eligible only for credit
pursuant to subdivisions (a), (b), and (c) of Section 2931.
667.71.  (a) For the purpose of this section, a habitual sexual
offender is a person who has been previously convicted of one or more
of the offenses listed in subdivision (c) and who is convicted in
the present proceeding of one of those offenses.
   (b) A habitual sexual offender is punishable by imprisonment in
the state prison for 25 years to life.  Article 2.5 (commencing with
Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce
any minimum term of 25 years in the state prison imposed pursuant to
this section.  However, in no case shall the minimum term of 25
years be reduced by more than 15 percent for credits granted pursuant
to Section 2933, 4019, or any other law providing for conduct credit
reduction.  In no case shall any person who is punished under this
section be released on parole prior to serving at least 85 percent of
the minimum term of 25 years in the state prison.
   (c) This section shall apply to any of the following offenses:
   (1) A violation of paragraph (2) of subdivision (a) of Section
261.
   (2) A violation of paragraph (1) of subdivision (a) of Section
262.
   (3) A violation of Section 264.1.
   (4) A violation of subdivision (a) or (b) of Section 288.
   (5) A violation of subdivision (a) of Section 289.
   (6) A violation of Section 288.5.
   (7) A violation of subdivision (c) of Section 286 by force,
violence, duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person.
   (8) A violation of subdivision (d) of Section 286.
   (9) A violation of subdivision (c) or (d) of Section 288a by
force, violence, duress, menace, or fear of immediate and unlawful
bodily injury on the victim or another person.
   (10) A violation of subdivision (b) of Section 207.
   (11) A violation of former subdivision (d) of Section 208
(kidnapping to commit specified sex offenses).
   (12) Kidnapping in violation of Section 209 with the intent to
commit rape, spousal rape, oral copulation, or sodomy or sexual
penetration in violation of Section 289.
   (13) A violation of Section 269.
   (14) An offense committed in another jurisdiction that has all the
elements of an offense specified in paragraphs (1) to (13),
inclusive, of this subdivision.
   (d) This section shall apply only if the defendant's status as a
habitual sexual offender is alleged in the information, and either
admitted by the defendant in open court, or found to be true by the
jury trying the issue of guilt or by the court where guilt is
established by a plea of guilty or nolo contendere or by trial by
court sitting without a jury.
667.75.  Any person convicted of a violation of Section 11353,
11353.5, 11361, 11380, or 11380.5 of the Health and Safety Code who
has previously served two or more prior separate prison terms, as
defined in Section 667.5, for  a violation of Section 11353, 11353.5,
11361, 11380, or 11380.5 of the Health and Safety Code, may be
punished by imprisonment in the state prison for life and shall not
be eligible for release on parole for 17 years, or the term
determined by the court pursuant to Section 1170 for the underlying
conviction, including any enhancement applicable under Chapter 4.5
(commencing with Section 1170) of Title 7 of Part 2, whichever is
greatest.  The provisions of Article 2.5 (commencing with Section
2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce any
minimum term in a state prison imposed pursuant to this section, but
the person shall not otherwise be released on parole prior to that
time.  No prior prison term shall be used for this determination
which was served prior to a period of 10 years in which the person
remained free of both prison custody and the commission of an offense
which results in a felony conviction.  As used in this section, a
commitment to the Department of the Youth Authority after conviction
for a felony shall constitute a prior prison term.  The term imposed
under this section shall be imposed only if the prior prison terms
are alleged under this section in the accusatory pleading, and either
admitted by the defendant in open court, or found to be true by the
jury trying the issue of guilt or by the court where guilt is
established by a plea of guilty or nolo contendere or by a trial by
the court sitting without a jury.
667.8.  (a) Except as provided in subdivision (b), any person
convicted of a felony violation of Section 261, 262, 264.1, 286,
288a, or 289 who, for the purpose of committing that sexual offense,
kidnapped the victim in violation of Section 207 or 209, shall be
punished by an additional term of nine years.
   (b) Any person convicted of a felony violation of subdivision (c)
of Section 286, Section 288, or subdivision (c) of Section 288a who,
for the purpose of committing that sexual offense, kidnapped the
victim, who was under the age of 14 years at the time of the offense,
in violation of Section 207 or 209, shall be punished by an
additional term of 15 years.  This subdivision is not applicable to
conduct proscribed by Section 277, 278, or 278.5.
   (c) The following shall govern the imposition of an enhancement
pursuant to this section:
   (1) Only one enhancement shall be imposed for a victim per
incident.
   (2) If there are two or more victims, one enhancement can be
imposed for each victim per incident.
   (3) The enhancement may be in addition to the punishment for
either, but not both, of the following:
   (A) A violation of Section 207 or 209.
   (B) A violation of the sexual offenses enumerated in this section.
667.85.  Any person convicted of a violation of Section 207 or 209,
who kidnapped or carried away any child under the age of 14 years
with the intent to permanently deprive the parent or legal guardian
custody of that child, shall be punished by imprisonment in the state
prison for an additional five years.
667.9.  (a) Any person who commits one or more of the crimes
specified in subdivision (c) against a person who is 65 years of age
or older, or against a person who is blind, deaf, developmentally
disabled, a paraplegic, or a quadriplegic, or against a person who is
under the age of 14 years, and that disability or condition is known
or reasonably should be known to the person committing the crime,
shall receive a one-year enhancement for each violation.
   (b) Any person who commits a violation of subdivision (a) and who
has a prior conviction for any of the offenses specified in
subdivision (c), shall receive a two-year enhancement for each
violation in addition to the sentence provided under Section 667.
   (c) Subdivisions (a) and (b) apply to the following crimes:
   (1) Mayhem, in violation of Section 203 or 205.
   (2) Kidnapping, in violation of Section 207, 209, or 209.5.
   (3) Robbery, in violation of Section 211.
   (4) Carjacking, in violation of Section 215.
   (5) Rape, in violation of paragraph (2) or (6) of subdivision (a)
of Section 261.
   (6) Spousal rape, in violation of paragraph (1) or (4) of
subdivision (a) of Section 262.
   (7) Rape, spousal rape, or sexual penetration in concert, in
violation of Section 264.1.
   (8) Sodomy, in violation of paragraph (2) or (3) of subdivision
(c), or subdivision (d), of Section 286.
   (9) Oral copulation, in violation of paragraph (2) or (3) of
subdivision (c), or subdivision (d), of Section 288a.
   (10) Sexual penetration, in violation of subdivision (a) of
Section 289.
   (11) Burglary of the first degree, as defined in Section 460, in
violation of Section 459.
   (d) As used in this section, "developmentally disabled" means a
severe, chronic disability of a person, which is all of the
following:
   (1) Attributable to a mental or physical impairment or a
combination of mental and physical impairments.
   (2) Likely to continue indefinitely.
   (3) Results in substantial functional limitation in three or more
of the following areas of life activity:
   (A) Self-care.
   (B) Receptive and expressive language.
   (C) Learning.
   (D) Mobility.
   (E) Self-direction.
   (F) Capacity for independent living.
   (G) Economic self-sufficiency.
667.10.  (a) Any person who has a prior conviction of the offense
set forth in Section 289 and who commits that crime against a person
who is 65 years of age or older, or against a person who is blind,
deaf, developmentally disabled, as defined in subdivision (d) of
Section 667.9, a paraplegic, or a quadriplegic, or against a person
who is under the age of 14 years, and that disability or condition is
known or reasonably should be known to the person committing the
crime, shall receive a two-year enhancement for each violation in
addition to the sentence provided under Section 289.
   (b) The existence of any fact which would bring a person under
subdivision (a) shall be alleged in the information or indictment and
either admitted by the defendant in open court, or found to be true
by the jury trying the issue of guilt or by the court where guilt is
established by plea of guilty or nolo contendere or by trial by the
court sitting without a jury.
667.15.  Any adult who, prior to or during the commission or
attempted commission of a violation of Section 288 or 288.5, exhibits
to the minor any matter, as defined in subdivision (d) of Section
311.11, the production of which involves the use of a person under
the age of 14 years, knowing that the matter depicts a person under
the age of 14 years personally engaging in or simulating sexual
conduct, as defined in subdivision (d) of Section 311.4, with the
intent of arousing, appealing to, or gratifying the lust, passions,
or sexual desires of that person or of the minor, or with the intent,
or for the purpose, of seducing the minor, shall be punished for a
violation of this section as follows:
   (a) If convicted of the commission or attempted commission of a
violation of Section 288, the adult shall receive an additional term
of one year, which punishment shall be imposed in addition and
consecutive to the punishment imposed for the commission or attempted
commission of a violation of Section 288.
   (b) If convicted of the commission or attempted commission of a
violation of Section 288.5, the adult shall receive an additional
term of two years, which punishment shall be imposed in addition and
consecutive to the punishment imposed for the commission or attempted
commission of a violation of Section 288.5.
667.16.  (a) Any person convicted of a felony violation of Section
470, 487, or 532 as part of a plan or scheme to defraud an owner of a
residential or nonresidential structure, including a mobilehome or
manufactured home, in connection with the offer or performance of
repairs to the structure for damage caused by a natural disaster,
shall receive a one-year enhancement in addition and consecutive to
the penalty prescribed.  The additional term shall not be imposed
unless the allegation is charged in the accusatory pleading and
admitted by the defendant or found to be true by the trier of fact.
   (b) This enhancement applies to natural disasters for which a
state of emergency is proclaimed by the Governor pursuant to Section
8625 of the Government Code or for which an emergency or major
disaster is declared by the President of the United States.
   (c) Notwithstanding any other law, the court may strike the
additional term provided in subdivision (a) if the court determines
that there are mitigating circumstances and states on the record the
reasons for striking the additional punishment.
667.17.  Any person who violates the provisions of Section 538d
during the commission of a felony shall receive an additional
one-year term of imprisonment to be imposed consecutive to the term
imposed for the felony, in lieu of the penalty that would have been
imposed under Section 538d.
668.  Every person who has been convicted in any other state,
government, country, or jurisdiction of an offense for which, if
committed within this state, that person could have been punished
under the laws of this state by imprisonment in the state prison, is
punishable for any subsequent crime committed within this state in
the manner prescribed by law and to the same extent as if that prior
conviction had taken place in a court of this state.  The application
of this section includes, but is not limited to, all statutes that
provide for  an enhancement or a term of imprisonment based on a
prior conviction or a prior prison term.
668.5.  An offense specified as a prior felony conviction by
reference to a specific code section shall include any prior felony
conviction under any predecessor statute of that specified offense
that includes all of the elements of that specified offense.  The
application of this section includes, but is not limited to, all
statutes that provide for an enhancement or a term of imprisonment
based on a prior conviction or a prior prison term.
669.  When any person is convicted of two or more crimes, whether in
the same proceeding or court or in different proceedings or courts,
and whether by judgment rendered by the same judge or by different
judges, the second or other subsequent judgment upon which sentence
is ordered to be executed shall direct whether the terms of
imprisonment or any of them to which he or she is sentenced shall run
concurrently or consecutively.  Life sentences, whether with or
without the possibility of parole, may be imposed to run
consecutively with one another, with any term imposed for applicable
enhancements, or with any other term of imprisonment for a felony
conviction.  Whenever a person is committed to prison on a life
sentence which is ordered to run consecutive to any determinate term
of imprisonment, the determinate term of imprisonment shall be served
first and no part thereof shall be credited toward the person's
eligibility for parole as calculated pursuant to Section 3046 or
pursuant to any other section of law that establishes a minimum
period of confinement under the life sentence before eligibility for
parole.
   In the event that the court at the time of pronouncing the second
or other judgment upon that person had no knowledge of a prior
existing judgment or judgments, or having knowledge, fails to
determine how the terms of imprisonment shall run in relation to each
other, then, upon that failure to determine, or upon that prior
judgment or judgments being brought to the attention of the court at
any time prior to the expiration of 60 days from and after the actual
commencement of imprisonment upon the second or other subsequent
judgments, the court shall, in the absence of the defendant and
within 60 days of the notice, determine how the term of imprisonment
upon the second or other subsequent judgment shall run with reference
to the prior incompleted term or terms of imprisonment.  Upon the
failure of the court to determine how the terms of imprisonment on
the second or subsequent judgment shall run, the term of imprisonment
on the second or subsequent judgment shall run concurrently.
   The Department of Corrections shall advise the court pronouncing
the second or other subsequent judgment of the existence of all prior
judgments against the defendant, the terms of imprisonment upon
which have not been completely served.
670.  (a) Any person who violates Section 7158 or 7159 of, or
subdivision (b), (c), (d), or (e) of Section 7161 of, the Business
and Professions Code or Section 470, 484, 487, or 532 of this code as
part of a plan or scheme to defraud an owner or lessee of a
residential or nonresidential structure in connection with the offer
or performance of repairs to the structure for damage caused by a
natural disaster specified in subdivision (b), shall be subject to
the penalties and enhancements specified in subdivisions (c) and (d).
  The existence of any fact which would bring a person under this
section shall be alleged in the information or indictment and either
admitted by the defendant in open court, or found to be true by the
jury trying the issue of guilt or by the court where guilt is
established by a plea of guilty or nolo contendere or by trial by the
court sitting without a jury.
   (b) This section applies to natural disasters for which a state of
emergency is proclaimed by the Governor pursuant to Section 8625 of
the Government Code or for which an emergency or major disaster is
declared by the President of the United States.
   (c) The maximum or prescribed amounts of fines for offenses
subject to this section shall be doubled.  If the person has been
previously convicted of a felony offense specified in subdivision
(a), the person shall receive a one-year enhancement in addition to,
and to run consecutively to, the term of imprisonment for any felony
otherwise prescribed by this subdivision.
   (d) Additionally, the court shall order any person sentenced
pursuant to this section to make full restitution to the victim or to
make restitution to the victim based on the person's ability to pay,
as defined in subdivision (b) of Section 1203.1b.  The payment of
the restitution ordered by the court pursuant to this subdivision
shall be made a condition of any probation granted by the court for
an offense punishable under this section.  Notwithstanding any other
provision of law, the period of probation shall be at least five
years or until full restitution is made to the victim, whichever
first occurs.
   (e) Notwithstanding any other provision of law, the prosecuting
agency shall be entitled to recover its costs of investigation and
prosecution from any fines imposed for a conviction under this
section.
672.  Upon a conviction for any crime punishable by imprisonment in
any jail or prison, in relation to which no fine is herein
prescribed, the court may impose a fine on the offender not exceeding
one thousand dollars ($1,000) in cases of misdemeanors or ten
thousand dollars ($10,000) in cases of felonies, in addition to the
imprisonment prescribed.
673.  It shall be unlawful to use in the reformatories,
institutions, jails, state hospitals or any other state, county, or
city institution any cruel, corporal or unusual punishment or to
inflict any treatment or allow any lack of care whatever which would
injure or impair the health of the prisoner, inmate, or person
confined; and punishment by the use of the strait jacket, gag,
thumbscrew, shower bath or the tricing up of a prisoner, inmate or
person confined is hereby prohibited.  Any person who violates the
provisions of this section or who aids, abets, or attempts in any way
to contribute to the violation of this section shall be guilty of a
misdemeanor.
674.  (a) Any person who is a primary care provider in a day care
facility and who is convicted of a felony violation of Section 261,
285, 286, 288, 288a, or 289, where the victim of the crime was a
minor entrusted to his or her care by the minor's parent or guardian,
a court, any public agency charged with the provision of social
services, or a probation department, may be punished by an additional
term of two years.
   (b) If the crime described in subdivision (a) was committed while
voluntarily acting in concert with another, the person so convicted
may be punished by an additional term of three years.
   (c) The enhancements authorized by this section may be imposed in
addition to any other required or authorized enhancement.
675.  (a) Any person suffering a felony conviction for a violation
of subdivision (c) or (d)  of Section 261.5, paragraph (1) or (2) of
subdivision (b) or paragraph (1) of subdivision (c) of Section 286,
subdivision (a) or paragraph (1) of subdivision (c) of Section 288,
or paragraph (1) or (2) of subdivision (b) or paragraph (1) of
subdivision (c) of Section 288a, where the offense was committed with
a minor for money or other consideration, is punishable by an
additional term of imprisonment in the state prison of  one year.
   (b) The enhancements authorized by this section may be imposed in
addition to any other required or authorized enhancement.
678.  Whenever in this code the character or grade of an offense, or
its punishment, is made to depend upon the value of property, such
value shall be estimated exclusively in lawful money of the United
States.


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