2011 California Code
Penal Code
PART 1. OF CRIMES AND PUNISHMENTS [25 - 680]
CHAPTER 11. Street Terrorism Enforcement and Prevention Act
Section 186.33

(a) Any person required to register pursuant to Section 186.30 who knowingly violates any of its provisions is guilty of a misdemeanor.

(b) (1) Any person who knowingly fails to register pursuant to Section 186.30 and is subsequently convicted of, or any person for whom a petition is subsequently sustained for a violation of, any of the offenses specified in Section 186.30, shall be punished by an additional term of imprisonment in the state prison for 16 months, or two or three years. The court shall order imposition of the middle term unless there are circumstances in aggravation or mitigation. The court shall state its reasons for the enhancement choice on the record at the time of sentencing.

(2) The existence of any fact bringing a person under this subdivision shall be alleged in the information, indictment, or petition, and be either admitted by the defendant or minor in open court, or found to be true or not true by the trier of fact.

(c) This section shall become operative on January 1, 2014.

(Amended (as amended by Stats. 2010, Ch. 256, Sec. 4) by Stats. 2011, Ch. 361, Sec. 4. Effective September 29, 2011. Section operative January 1, 2014, by its own provisions. Note: Section 186.33 was amended on March 7, 2000, by initiative Prop. 21. Prop. 21 allows (in Sec. 39) the Legislature to directly amend its provisions by 2/3 vote.)