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California Penal Code Section 667

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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 one or more 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 serious and/or violent 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 serious and/or violent
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 serious
and/or violent 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 prior conviction in another jurisdiction for an offense
that, if committed in California, is punishable by imprisonment in
the state prison shall constitute a prior conviction of a particular
serious and/or violent felony if the prior conviction in the other
jurisdiction is for an offense that includes all of the elements of a
particular violent felony as defined in subdivision (c) of Section
667.5 or serious felony as defined in subdivision (c) of Section
1192.7.
   (3) A prior juvenile adjudication shall constitute a prior serious
and/or violent 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 serious and/or violent 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 one or more
prior serious and/or violent felony convictions:
   (1) If a defendant has one prior serious and/or violent felony
conviction as defined in subdivision (d) 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) Except as provided in subparagraph (C), if a defendant has
two or more prior serious and/or violent 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 greatest of:
   (i) Three times the term otherwise provided as punishment for each
current felony conviction subsequent to the two or more prior
serious and/or violent 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.
   (C) If a defendant has two or more prior serious and/or violent
felony convictions as defined in subdivision (c) of Section 667.5 or
subdivision (c) of Section 1192.7 that have been pled and proved, and
the current offense is not a serious or violent felony as defined in
subdivision (d), the defendant shall be sentenced pursuant to
paragraph (1) of subdivision (e) unless the prosecution pleads and
proves any of the following:
   (i) The current offense is a controlled substance charge, in which
an allegation under Section 11370.4 or 11379.8 of the Health and
Safety Code was admitted or found true.
   (ii) The current offense is a felony sex offense, defined in
subdivision (d) of Section 261.5 or Section 262, or any felony
offense that results in mandatory registration as a sex offender
pursuant to subdivision (c) of Section 290 except for violations of
Sections 266 and 285, paragraph (1) of subdivision (b) and
subdivision (e) of Section 286, paragraph (1) of subdivision (b) and
subdivision (e) of Section 288a, Section 311.11, and Section 314.
   (iii) During the commission of the current offense, the defendant
used a firearm, was armed with a firearm or deadly weapon, or
intended to cause great bodily injury to another person.
   (iv) The defendant suffered a prior serious and/or violent felony
conviction, as defined in subdivision (d) of this section, for any of
the following felonies:
   (I) A "sexually violent offense" as defined in subdivision (b) of
Section 6600 of the Welfare and Institutions Code.
   (II) Oral copulation with a child who is under 14 years of age,
and who is more than 10 years younger than he or she as defined by
Section 288a, sodomy with another person who is under 14 years of age
and more than 10 years younger than he or she as defined by Section
286, or sexual penetration with another person who is under 14 years
of age, and who is more than 10 years younger than he or she, as
defined by Section 289.
   (III) A lewd or lascivious act involving a child under 14 years of
age, in violation of Section 288.
   (IV) Any homicide offense, including any attempted homicide
offense, defined in Sections 187 to 191.5, inclusive.
   (V) Solicitation to commit murder as defined in Section 653f.
   (VI) Assault with a machine gun on a peace officer or firefighter,
as defined in paragraph (3) of subdivision (d) of Section 245.
   (VII) Possession of a weapon of mass destruction, as defined in
paragraph (1) of subdivision (a) of Section 11418.
   (VIII) Any serious and/or violent felony offense punishable in
California by life imprisonment or death.
   (f) (1) Notwithstanding any other law, subdivisions (b) to (i),
inclusive, shall be applied in every case in which a defendant has
one or more prior serious and/or violent felony convictions as
defined in subdivision (d). The prosecuting attorney shall plead and
prove each prior serious and/or violent felony conviction except as
provided in paragraph (2).
   (2) The prosecuting attorney may move to dismiss or strike a prior
serious and/or violent felony conviction allegation in the
furtherance of justice pursuant to Section 1385, or if there is
insufficient evidence to prove the prior serious and/or violent
felony conviction. If upon the satisfaction of the court that there
is insufficient evidence to prove the prior serious and/or violent
felony conviction, the court may dismiss or strike the allegation.
Nothing in this section shall be read to alter a court's authority
under Section 1385.
   (g) Prior serious and/or violent 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
serious and/or violent convictions and shall not enter into any
agreement to strike or seek the dismissal of any prior serious and/or
violent 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 November 7, 2012.
   (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.
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Last modified: March 17, 2014