Bill Text: CA SB1084 | 2013-2014 | Regular Session | Amended

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Bill Title: Human trafficking.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-04-08 - Set, first hearing. Failed passage in committee. (Ayes 2. Noes 2. Page 3094.) Reconsideration granted. [SB1084 Detail]

Download: California-2013-SB1084-Amended.html

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BILL NUMBER: SB 1084	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 28, 2014

INTRODUCED BY   Senator Walters
    (   Coauthor:   Senator   Wolk
  ) 

                        FEBRUARY 19, 2014

   An act to amend Sections 1170.125 and 1192.7 of the Penal Code,
relating to human trafficking.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1084, as amended, Walters. Human trafficking.
   Existing law, as added by Proposition 8, adopted June 8, 1982, and
amended by Proposition 21, adopted March 7, 2000, among other
things, defines a serious felony. Existing law, also added by
Proposition 8, adopted June 8, 1982, and amended by Proposition 36,
adopted November 6, 2012, commonly known as the Three Strikes law,
requires increased penalties for certain recidivist offenders in
addition to any other enhancement or penalty provisions that may
apply, including individuals with current and prior convictions of a
serious felony, as specified. The Three Strikes law specifies that
references to code sections contained in its provisions, including
references to the definition of a serious felony, are to those
statutes as they existed on November 7, 2012. The Legislature may
directly amend Proposition 8 and Proposition 21 by a statute passed
in each house by a 2/3 vote, or by a statute that becomes effective
only when approved by the voters. The Legislature may directly amend
Proposition 36 by a statute passed in each house by a 2/3 vote and
the Governor concurring, or with a majority vote to be placed on the
next general ballot, or by a statute that becomes effective when
approved by a majority of the electors.
   This bill would add human trafficking to the definition of a
serious felony, as specified. The bill would specify that references
to code sections contained in the Three Strikes law are to those
statutes as they exist January 1, 2015. Because the bill would impose
additional duties on local prosecutors, and because it would expand
the punishments for existing crimes, it would impose a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.

   SB 1084, as amended, Walters. Human trafficking.
   Existing law, as added by Proposition 8, adopted June 8, 1982, and
amended by Proposition 21, adopted March 7, 2000, among other
things, defines a serious felony. Existing law, also added by
Proposition 8, adopted June 8, 1982, and amended by Proposition 36,
adopted November 6, 2012, commonly known as the Three Strikes law,
requires increased penalties for certain recidivist offenders in
addition to any other enhancement or penalty provisions that may
apply, including individuals with current and prior convictions of a
serious felony, as specified. The Three Strikes law specifies that
references to code sections contained in its provisions, including
references to the definition of a serious felony, are to those
statutes as they existed on November 7, 2012. The Legislature may
directly amend Proposition 8 and Proposition 21 by a statute passed
in each house by a 2/3 vote, or by a statute that becomes effective
only when approved by the voters. The Legislature may directly amend
Proposition 36 by a statute passed in each house by a 2/3 vote and
the Governor concurring, or with a majority vote to be placed on the
next general ballot, or by a statute that becomes effective when
approved by a majority of the electors.
   This bill would add human trafficking to the definition of a
serious felony, as specified. The bill would specify that references
to code sections contained in the Three Strikes law are to those
statutes as they exist January 1, 2015. Because the bill would impose
additional duties on local prosecutors, and because it would expand
the punishments for existing crimes, it would impose a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.

   SB 1084, as amended, Walters. Human trafficking.
   Existing law, as added by Proposition 8, adopted June 8, 1982, and
amended by Proposition 21, adopted March 7, 2000, among other
things, defines a serious felony. Existing law, also added by
Proposition 8, adopted June 8, 1982, and amended by Proposition 36,
adopted November 6, 2012, commonly known as the Three Strikes law,
requires increased penalties for certain recidivist offenders in
addition to any other enhancement or penalty provisions that may
apply, including individuals with current and prior convictions of a
serious felony, as specified. The Three Strikes law specifies that
references to code sections contained in its provisions, including
references to the definition of a serious felony, are to those
statutes as they existed on November 7, 2012. The Legislature may
directly amend Proposition 8 and Proposition 21 by a statute passed
in each house by a 2/3 vote, or by a statute that becomes effective
only when approved by the voters. The Legislature may directly amend
Proposition 36 by a statute passed in each house by a 2/3 vote and
the Governor concurring, or with a majority vote to be placed on the
next general ballot, or by a statute that becomes effective when
approved by a majority of the electors.
   This bill would add human trafficking to the definition of a
serious felony, as specified. The bill would specify that references
to code sections contained in the Three Strikes law are to those
statutes as they exist January 1, 2015. Because the bill would impose
additional duties on local prosecutors, and because it would expand
the punishments for existing crimes, it would impose a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1170.125 of the Penal Code is amended to read:
   1170.125.  Notwithstanding Section 2 of Proposition 184, as
adopted at the November 8, 1994, General Election, for all offenses
committed on or after January 1, 2015, all references to existing
statutes in Sections 1170.12 and 1170.126 are to those sections as
they existed on January 1, 2015.
  SEC. 2.  Section 1192.7 of the Penal Code is amended to read:
   1192.7.  (a) (1) It is the intent of the Legislature that district
attorneys prosecute violent sex crimes under statutes that provide
sentencing under a "one strike," "three  strikes" 
 strikes,"  or habitual sex offender statute instead of
engaging in plea bargaining over those offenses.
   (2) Plea bargaining in any case in which the indictment or
information charges any serious felony, any felony in which it is
alleged that a firearm was personally used by the defendant, or any
offense of driving while under the influence of alcohol, drugs,
narcotics, or any other intoxicating substance, or any combination
thereof, is prohibited, unless there is insufficient evidence to
prove the people's case, or testimony of a material witness cannot be
obtained, or a reduction or dismissal would not result in a
substantial change in sentence.
   (3) If the indictment or information charges the defendant with a
violent sex crime, as listed in subdivision (c) of Section 667.61,
that could be prosecuted under  Sections 269,  
Section 269 or  288.7, subdivisions (b) through (i) of Section
667,  or  Section 667.61  ,  or 667.71,
plea bargaining is prohibited unless there is insufficient evidence
to prove the people's case, or testimony of a material witness cannot
be obtained, or a reduction or dismissal would not result in a
substantial change in sentence. At the time of presenting the
agreement to the court, the district attorney shall state on the
record why a sentence under one of those sections was not sought.
   (b) As used in this section  ,  "plea bargaining" means
any bargaining, negotiation, or discussion between a criminal
defendant, or his or her counsel, and a prosecuting attorney or
judge, whereby the defendant agrees to plead guilty or nolo
contendere, in exchange for any promises, commitments, concessions,
assurances, or consideration by the prosecuting attorney or judge
relating to any charge against the defendant or to the sentencing of
the defendant.
   (c) As used in this section, "serious felony" means any of the
following:
   (1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4)
sodomy by force, violence, duress, menace, threat of great bodily
injury, or fear of immediate and unlawful bodily injury on the victim
or another person; (5) oral copulation by force, violence, duress,
menace, threat of great bodily injury, or fear of immediate and
unlawful bodily injury on the victim or another person; (6) lewd or
lascivious act on a child under 14 years of age; (7) any felony
punishable by death or imprisonment in the state prison for life; (8)
any felony in which the defendant personally inflicts great bodily
injury on any person, other than an accomplice, or any felony in
which the defendant personally uses a firearm; (9) attempted murder;
(10) assault with intent to commit rape or robbery; (11) assault with
a deadly weapon or instrument on a peace officer; (12) assault by a
life prisoner on a noninmate; (13) assault with a deadly weapon by an
inmate; (14) arson; (15) exploding a destructive device or any
explosive with intent to injure; (16) exploding a destructive device
or any explosive causing bodily injury, great bodily injury, or
mayhem; (17) exploding a destructive device or any explosive with
intent to murder; (18) any burglary of the first degree; (19) robbery
or bank robbery; (20) kidnapping; (21) holding of a hostage by a
person confined in  a   the  state prison;
(22) attempt to commit a felony punishable by death or imprisonment
in the state prison for life; (23) any felony in which the defendant
personally used a dangerous or deadly weapon; (24) selling,
furnishing, administering, giving, or offering to sell, furnish,
administer, or give to a minor any heroin, cocaine, phencyclidine
(PCP), or any methamphetamine-related drug, as described in paragraph
(2) of subdivision (d) of Section 11055 of the Health and Safety
Code, or any of the precursors of methamphetamines, as described in
subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055
or subdivision (a) of Section 11100 of the Health and Safety Code;
(25) any violation of 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; (26) grand theft involving a firearm; (27)
carjacking; (28) any felony offense, which would also constitute a
felony violation of Section 186.22; (29) assault with the intent to
commit mayhem, rape, sodomy, or oral copulation, in violation of
Section 220; (30) throwing acid or flammable substances, in violation
of Section 244; (31) assault with a deadly weapon, firearm,
machinegun, assault weapon, or semiautomatic firearm or assault on a
peace officer or firefighter, in violation of Section 245; (32)
assault with a deadly weapon against a public transit employee,
custodial officer, or school employee, in violation of Section 245.2,
245.3, or 245.5; (33) discharge of a firearm at an inhabited
dwelling, vehicle, or aircraft, in violation of Section 246; (34)
commission of rape or sexual penetration in concert with another
person, in violation of Section 264.1; (35) continuous sexual abuse
of a child, in violation of Section 288.5; (36) shooting from a
vehicle, in violation of subdivision (c) or (d) of Section 26100;
(37) intimidation of victims or witnesses, in violation of Section
136.1; (38) criminal threats, in violation of Section 422; (39) any
attempt to commit a crime listed in this subdivision other than an
assault; (40) any violation of Section 12022.53; (41) a violation of
subdivision (b) or (c) of Section 11418; (42) human trafficking in
violation of Section 236.1; and (43) any conspiracy to commit an
offense described in this subdivision.
   (d) As used in this section, "bank robbery" means to take or
attempt to take, by force or violence, or by intimidation from the
person or presence of another any property or money or any other
thing of value belonging to, or in the care, custody, control,
management, or possession of, any bank, credit union, or any savings
and loan association.
   As used in this subdivision, the following terms have the
following meanings:
   (1) "Bank" means any member of the Federal Reserve System, and any
bank, banking association, trust company, savings bank, or other
banking institution organized or operating under the laws of the
United States, and any bank the deposits of which are insured by the
Federal Deposit Insurance Corporation.
   (2) "Savings and loan association" means any federal savings and
loan association and any "insured institution" as defined in Section
401 of the National Housing Act, as amended, and any federal credit
union as defined in Section 2 of the Federal Credit Union Act.
   (3) "Credit union" means any federal credit union and any
state-chartered credit union the accounts of which are insured by the
Administrator of the National Credit Union  administration.
  Administration. 
   (e) 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.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
  SECTION 1.  Section 1170.125 of the Penal Code is amended to read:
   1170.125.  Notwithstanding Section 2 of Proposition 184, as
adopted at the November 8, 1994, General Election, for all offenses
committed on or after January 1, 2015, all references to existing
statutes in Sections 1170.12 and 1170.126 are to those sections as
they existed on January 1, 2015.
  SEC. 2.  Section 1192.7 of the Penal Code is amended to read:
   1192.7.  (a) (1) It is the intent of the Legislature that district
attorneys prosecute violent sex crimes under statutes that provide
sentencing under a "one strike," "three  strikes" 
 strikes,"  or habitual sex offender statute instead of
engaging in plea bargaining over those offenses.
   (2) Plea bargaining in any case in which the indictment or
information charges any serious felony, any felony in which it is
alleged that a firearm was personally used by the defendant, or any
offense of driving while under the influence of alcohol, drugs,
narcotics, or any other intoxicating substance, or any combination
thereof, is prohibited, unless there is insufficient evidence to
prove the people's case, or testimony of a material witness cannot be
obtained, or a reduction or dismissal would not result in a
substantial change in sentence.
   (3) If the indictment or information charges the defendant with a
violent sex crime, as listed in subdivision (c) of Section 667.61,
that could be prosecuted under  Sections 269,  
Section 269 or  288.7, subdivisions (b) through (i) of Section
667,  or  Section 667.61  ,  or 667.71,
plea bargaining is prohibited unless there is insufficient evidence
to prove the people's case, or testimony of a material witness cannot
be obtained, or a reduction or dismissal would not result in a
substantial change in sentence. At the time of presenting the
agreement to the court, the district attorney shall state on the
record why a sentence under one of those sections was not sought.
   (b) As used in this section  ,  "plea bargaining" means
any bargaining, negotiation, or discussion between a criminal
defendant, or his or her counsel, and a prosecuting attorney or
judge, whereby the defendant agrees to plead guilty or nolo
contendere, in exchange for any promises, commitments, concessions,
assurances, or consideration by the prosecuting attorney or judge
relating to any charge against the defendant or to the sentencing of
the defendant.
   (c) As used in this section, "serious felony" means any of the
following:
   (1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4)
sodomy by force, violence, duress, menace, threat of great bodily
injury, or fear of immediate and unlawful bodily injury on the victim
or another person; (5) oral copulation by force, violence, duress,
menace, threat of great bodily injury, or fear of immediate and
unlawful bodily injury on the victim or another person; (6) lewd or
lascivious act on a child under 14 years of age; (7) any felony
punishable by death or imprisonment in the state prison for life; (8)
any felony in which the defendant personally inflicts great bodily
injury on any person, other than an accomplice, or any felony in
which the defendant personally uses a firearm; (9) attempted murder;
(10) assault with intent to commit rape or robbery; (11) assault with
a deadly weapon or instrument on a peace officer; (12) assault by a
life prisoner on a noninmate; (13) assault with a deadly weapon by an
inmate; (14) arson; (15) exploding a destructive device or any
explosive with intent to injure; (16) exploding a destructive device
or any explosive causing bodily injury, great bodily injury, or
mayhem; (17) exploding a destructive device or any explosive with
intent to murder; (18) any burglary of the first degree; (19) robbery
or bank robbery; (20) kidnapping; (21) holding of a hostage by a
person confined in  a   the  state prison;
(22) attempt to commit a felony punishable by death or imprisonment
in the state prison for life; (23) any felony in which the defendant
personally used a dangerous or deadly weapon; (24) selling,
furnishing, administering, giving, or offering to sell, furnish,
administer, or give to a minor any heroin, cocaine, phencyclidine
(PCP), or any methamphetamine-related drug, as described in paragraph
(2) of subdivision (d) of Section 11055 of the Health and Safety
Code, or any of the precursors of methamphetamines, as described in
subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055
or subdivision (a) of Section 11100 of the Health and Safety Code;
(25) any violation of 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; (26) grand theft involving a firearm; (27)
carjacking; (28) any felony offense, which would also constitute a
felony violation of Section 186.22; (29) assault with the intent to
commit mayhem, rape, sodomy, or oral copulation, in violation of
Section 220; (30) throwing acid or flammable substances, in violation
of Section 244; (31) assault with a deadly weapon, firearm,
machinegun, assault weapon, or semiautomatic firearm or assault on a
peace officer or firefighter, in violation of Section 245; (32)
assault with a deadly weapon against a public transit employee,
custodial officer, or school employee, in violation of Section 245.2,
245.3, or 245.5; (33) discharge of a firearm at an inhabited
dwelling, vehicle, or aircraft, in violation of Section 246; (34)
commission of rape or sexual penetration in concert with another
person, in violation of Section 264.1; (35) continuous sexual abuse
of a child, in violation of Section 288.5; (36) shooting from a
vehicle, in violation of subdivision (c) or (d) of Section 26100;
(37) intimidation of victims or witnesses, in violation of Section
136.1; (38) criminal threats, in violation of Section 422; (39) any
attempt to commit a crime listed in this subdivision other than an
assault; (40) any violation of Section 12022.53; (41) a violation of
subdivision (b) or (c) of Section 11418; (42) human trafficking in
violation of Section 236.1; and (43) any conspiracy to commit an
offense described in this subdivision.
   (d) As used in this section, "bank robbery" means to take or
attempt to take, by force or violence, or by intimidation from the
person or presence of another any property or money or any other
thing of value belonging to, or in the care, custody, control,
management, or possession of, any bank, credit union, or any savings
and loan association.
   As used in this subdivision, the following terms have the
following meanings:
   (1) "Bank" means any member of the Federal Reserve System, and any
bank, banking association, trust company, savings bank, or other
banking institution organized or operating under the laws of the
United States, and any bank the deposits of which are insured by the
Federal Deposit Insurance Corporation.
   (2) "Savings and loan association" means any federal savings and
loan association and any "insured institution" as defined in Section
401 of the National Housing Act, as amended, and any federal credit
union as defined in Section 2 of the Federal Credit Union Act.
   (3) "Credit union" means any federal credit union and any
state-chartered credit union the accounts of which are insured by the
Administrator of the National Credit Union  administration.
  Administration. 
   (e) 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.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
  SECTION 1.  Section 1170.125 of the Penal Code is amended to read:
   1170.125.  Notwithstanding Section 2 of Proposition 184, as
adopted at the November 8, 1994, General Election, for all offenses
committed on or after January 1, 2015, all references to existing
statutes in Sections 1170.12 and 1170.126 are to those sections as
they existed on January 1, 2015.
  SEC. 2.  Section 1192.7 of the Penal Code is amended to read:
   1192.7.  (a) (1) It is the intent of the Legislature that district
attorneys prosecute violent sex crimes under statutes that provide
sentencing under a "one strike," "three  strikes" 
 strikes,"  or habitual sex offender statute instead of
engaging in plea bargaining over those offenses.
   (2) Plea bargaining in any case in which the indictment or
information charges any serious felony, any felony in which it is
alleged that a firearm was personally used by the defendant, or any
offense of driving while under the influence of alcohol, drugs,
narcotics, or any other intoxicating substance, or any combination
thereof, is prohibited, unless there is insufficient evidence to
prove the people's case, or testimony of a material witness cannot be
obtained, or a reduction or dismissal would not result in a
substantial change in sentence.
   (3) If the indictment or information charges the defendant with a
violent sex crime, as listed in subdivision (c) of Section 667.61,
that could be prosecuted under  Sections 269,  
Section 269 or  288.7, subdivisions (b) through (i) of Section
667,  or  Section 667.61  ,  or 667.71,
plea bargaining is prohibited unless there is insufficient evidence
to prove the people's case, or testimony of a material witness cannot
be obtained, or a reduction or dismissal would not result in a
substantial change in sentence. At the time of presenting the
agreement to the court, the district attorney shall state on the
record why a sentence under one of those sections was not sought.
   (b) As used in this section  ,  "plea bargaining" means
any bargaining, negotiation, or discussion between a criminal
defendant, or his or her counsel, and a prosecuting attorney or
judge, whereby the defendant agrees to plead guilty or nolo
contendere, in exchange for any promises, commitments, concessions,
assurances, or consideration by the prosecuting attorney or judge
relating to any charge against the defendant or to the sentencing of
the defendant.
   (c) As used in this section, "serious felony" means any of the
following:
   (1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4)
sodomy by force, violence, duress, menace, threat of great bodily
injury, or fear of immediate and unlawful bodily injury on the victim
or another person; (5) oral copulation by force, violence, duress,
menace, threat of great bodily injury, or fear of immediate and
unlawful bodily injury on the victim or another person; (6) lewd or
lascivious act on a child under 14 years of age; (7) any felony
punishable by death or imprisonment in the state prison for life; (8)
any felony in which the defendant personally inflicts great bodily
injury on any person, other than an accomplice, or any felony in
which the defendant personally uses a firearm; (9) attempted murder;
(10) assault with intent to commit rape or robbery; (11) assault with
a deadly weapon or instrument on a peace officer; (12) assault by a
life prisoner on a noninmate; (13) assault with a deadly weapon by an
inmate; (14) arson; (15) exploding a destructive device or any
explosive with intent to injure; (16) exploding a destructive device
or any explosive causing bodily injury, great bodily injury, or
mayhem; (17) exploding a destructive device or any explosive with
intent to murder; (18) any burglary of the first degree; (19) robbery
or bank robbery; (20) kidnapping; (21) holding of a hostage by a
person confined in  a   the  state prison;
(22) attempt to commit a felony punishable by death or imprisonment
in the state prison for life; (23) any felony in which the defendant
personally used a dangerous or deadly weapon; (24) selling,
furnishing, administering, giving, or offering to sell, furnish,
administer, or give to a minor any heroin, cocaine, phencyclidine
(PCP), or any methamphetamine-related drug, as described in paragraph
(2) of subdivision (d) of Section 11055 of the Health and Safety
Code, or any of the precursors of methamphetamines, as described in
subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055
or subdivision (a) of Section 11100 of the Health and Safety Code;
(25) any violation of 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; (26) grand theft involving a firearm; (27)
carjacking; (28) any felony offense, which would also constitute a
felony violation of Section 186.22; (29) assault with the intent to
commit mayhem, rape, sodomy, or oral copulation, in violation of
Section 220; (30) throwing acid or flammable substances, in violation
of Section 244; (31) assault with a deadly weapon, firearm,
machinegun, assault weapon, or semiautomatic firearm or assault on a
peace officer or firefighter, in violation of Section 245; (32)
assault with a deadly weapon against a public transit employee,
custodial officer, or school employee, in violation of Section 245.2,
245.3, or 245.5; (33) discharge of a firearm at an inhabited
dwelling, vehicle, or aircraft, in violation of Section 246; (34)
commission of rape or sexual penetration in concert with another
person, in violation of Section 264.1; (35) continuous sexual abuse
of a child, in violation of Section 288.5; (36) shooting from a
vehicle, in violation of subdivision (c) or (d) of Section 26100;
(37) intimidation of victims or witnesses, in violation of Section
136.1; (38) criminal threats, in violation of Section 422; (39) any
attempt to commit a crime listed in this subdivision other than an
assault; (40) any violation of Section 12022.53; (41) a violation of
subdivision (b) or (c) of Section 11418; (42) human trafficking in
violation of Section 236.1; and (43) any conspiracy to commit an
offense described in this subdivision.
   (d) As used in this section, "bank robbery" means to take or
attempt to take, by force or violence, or by intimidation from the
person or presence of another any property or money or any other
thing of value belonging to, or in the care, custody, control,
management, or possession of, any bank, credit union, or any savings
and loan association.
   As used in this subdivision, the following terms have the
following meanings:
   (1) "Bank" means any member of the Federal Reserve System, and any
bank, banking association, trust company, savings bank, or other
banking institution organized or operating under the laws of the
United States, and any bank the deposits of which are insured by the
Federal Deposit Insurance Corporation.
   (2) "Savings and loan association" means any federal savings and
loan association and any "insured institution" as defined in Section
401 of the National Housing Act, as amended, and any federal credit
union as defined in Section 2 of the Federal Credit Union Act.
   (3) "Credit union" means any federal credit union and any
state-chartered credit union the accounts of which are insured by the
Administrator of the National Credit Union  administration.
  Administration. 
   (e) 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.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.