(a) Notwithstanding any other law, in sentencing a person convicted of committing or of attempting to commit one or more of the offenses listed in subdivision (b) against a person who is a passenger, operator, driver, or other occupant of any public transit vehicle whether the offense or attempt is committed within the vehicle or directed at the vehicle, the court shall require that the person serve some period of confinement. If probation is granted, it shall be a condition of probation that the person shall be confined in the county jail for some period of time. If the time spent in jail prior to arraignment is less than 24 hours, it shall not be considered to satisfy the requirement that some period of confinement be imposed.
As used in this subdivision, “public transit vehicle” means any motor vehicle, streetcar, trackless trolley, bus, shuttle, light rail system, rapid transit system, subway, train, taxi cab, or jitney, which transports members of the public for hire.
(b) Subdivision (a) applies to the following crimes:
(1) Murder.
(2) A violation of Section 241, 241.3, 241.4, 244, 245, 245.2, or 246.
(3) Robbery, in violation of Section 211.
(4) Kidnapping, in violation of Section 207.
(5) Kidnapping, in violation of Section 209.
(6) Battery, in violation of Section 243, 243.1, or 243.3.
(7) Rape, in violation of Section 261, 262, 264, or 264.1.
(8) Assault with intent to commit rape or sodomy, in violation of Section 220.
(9) Any other offense in which the defendant inflicts great bodily injury on any person other than an accomplice. As used in this paragraph, “great bodily injury” means “great bodily injury” as defined in Section 12022.7.
(10) Grand theft, in violation of subdivision (1) of Section 487.
(11) Throwing of a hard substance or shooting a missile at a transit vehicle, in violation of Section 219.2.
(12) Unlawfully causing a fire, in violation of Section 452.
(13) Drawing, exhibiting, or using a firearm or deadly weapon, in violation of Section 417.
(14) A violation of Section 214.
(15) A violation of Section 215.
(16) Kidnapping, in violation of Section 209.5.
(c) Probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any person convicted of a felony offense falling within this section if the person has been previously convicted and sentenced pursuant to this section.
(d) (1) The existence of any fact which would make a person ineligible for probation under subdivisions (a) and (c) shall be alleged 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.
A finding bringing the defendant within this section shall not be stricken pursuant to Section 1385 or any provision of law.
(2) This subdivision does not prohibit the adjournment of criminal proceedings pursuant to Division 3 (commencing with Section 3000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code.
(e) The court shall require, as a condition of probation for any person convicted of committing a crime which took place on a public transit vehicle, except in any case in which the court makes a finding and states on the record clear and compelling reasons why the condition would be inappropriate, that the person make restitution to the victim. If restitution is found to be inappropriate, the court shall require as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, that the defendant perform specified community service. Nothing in this subdivision shall be construed to limit the authority of a court to provide additional conditions of probation.
(f) In any case in which a person is convicted of committing a crime which took place on a public transit vehicle, the probation officer shall immediately investigate and report to the court at a specified time whether, as a result of the crime, property damage or loss or personal injury was caused by the defendant, the amount of the damage, loss, or injury, and the feasibility of requiring restitution to be made by the defendant. When a probation report is required pursuant to Section 1203 the information required by this subdivision shall be added to that probation report.
(Amended by Stats. 1994, Ch. 224, Sec. 3. Effective January 1, 1995.)
Last modified: October 25, 2018