Bill Text: CA AB1898 | 2023-2024 | Regular Session | Introduced
Bill Title: Crimes: child pornography: early release credits.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-04-10 - In committee: Set, first hearing. Referred to suspense file. [AB1898 Detail]
Download: California-2023-AB1898-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1898
| Introduced by Assembly Member Flora |
January 23, 2024 |
An act to amend Section 2933.5 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1898, as introduced, Flora.
Crimes: child pornography: early release credits.
Notwithstanding any other law, the California Constitution, as amended by Proposition 57 at the November 8, 2016, statewide general election, grants the Department of Corrections and Rehabilitation the authority to award credits earned for good behavior and approved rehabilitative or educational achievements.
Under existing law, a prisoner can reduce their term of imprisonment by earning credit for, among other things, continuous incarceration, good behavior, and participation in approved rehabilitative programming. Existing law prohibits a prisoner convicted of specified felony offenses from earning credit if the prisoner previously has been convicted of one of those felony offenses 2 or more times and has served 2 or more separate prior prison terms. Under existing law, the felonies for which credits may not be earned include lewd and lascivious
acts on a child under 14 years of age by use of force, violence, duress, menace, or fear and continuous sexual abuse of a child, as specified. Under existing law, a person sentenced to a determinate sentence is released after serving the term of their sentence, minus any credits earned, and is required to serve a period of time after release under parole supervision.
This bill would include specified felonies involving, among other things, the knowing depiction, production, distribution, advertising, possession, control, and use of material depicting a person under 18 years of age engaging in or simulating sexual conduct, as defined, in the list of felonies that the commission of which make a person ineligible for credits against a sentence as provided above. The bill would also expand the prohibition on lewd and lascivious acts on a child under 14 years of age to include acts that do not require the use of force, violence, duress, menace, or
fear.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2933.5 of the Penal Code is amended to read:2933.5.
(a) (1) Notwithstanding any other law, a person who is convicted of(2) As used in this subdivision, “felony offense” includes any of the following:
(A) Murder, as defined in Sections 187 and 189.
(B) Voluntary manslaughter, as defined in subdivision (a) of Section 192.
(C) Mayhem, as defined in Section 203.
(D) Aggravated mayhem, as defined in Section 205.
(E) Kidnapping, as defined in Section 207, 209, or 209.5.
(F) Assault with vitriol, corrosive acid, or caustic chemical of any nature, as described in Section 244.
(G) Rape, as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of former Section 262.
(H) Sodomy by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, as described in subdivision (c) of Section 286.
(I) Sodomy while voluntarily acting in concert, as described in subdivision (d) of Section 286.
(J) Lewd or lascivious acts on a child under 14 years of age, as described in subdivision (b) of
Section 288.
(K) Oral copulation by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, as described in subdivision (c) of Section 287 or of former Section 288a.
(L) Continuous sexual abuse of a child, as described in Section 288.5.
(M) Sexual penetration, as described in subdivision (a) of Section 289.
(N) Exploding a destructive device or explosive with intent to injure, as described in Section 18740, with intent to murder, as described in Section 18745, or resulting in great bodily injury or mayhem, as described in Section 18750.
(O) Any A felony in which the defendant personally inflicted great bodily injury, as provided in Section 12022.53 or 12022.7.
(P) A felony involving child pornography in violation of Section 311.1, 311.2, 311.3, 311.4, 311.10, or 311.11.
(b) A prior conviction of an offense listed in subdivision (a) shall include includes a conviction in another jurisdiction for an offense that
includes all of the elements of the particular felony as defined under California law.
(c) This section shall apply whenever
if the present felony is committed on or after the effective date of this section, regardless of the date of commission of the prior offense or offenses resulting in credit-earning ineligibility.
(d) This section shall be in addition to, and shall
does not preclude the imposition of, any applicable sentence enhancement terms, terms or probation ineligibility and habitual offender provisions authorized under any other section.
