The California Criminal Law Observer

The Three "Strikes and You're Out" Law: The Three Strikes Statute Effective March 7, 1994


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CALIFORNIA CODES
PENAL CODE SECTION 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-relateddrug 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 greaterpunishment for those 
who commit a felony and have been previouslyconvicted of serious and/or violent 
felony offenses.

   (c) Notwithstanding any other law, if a defendant has beenconvicted of a 
felony and it has been pled and proved that thedefendant has one or more prior 
felony convictions as defined insubdivision (d), the court shall adhere to each 
of the following:

   (1) There shall not be an aggregate term limitation for 
purposesof consecutive sentencing for any subsequent felony conviction.

   (2) Probation for the current offense shall not be granted, norshall 
execution or imposition of the sentence be suspended for anyprior offense.

   (3) The length of time between the prior felony conviction and thecurrent 
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) ofChapter 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 3shall not exceed one-
fifth of the total term of imprisonment imposedand shall not accrue until the 
defendant is physically placed in thestate prison.

   (6) If there is a current conviction for more than one felonycount not 
committed on the same occasion, and not arising from thesame set of operative 
facts, the court shall sentence the defendantconsecutively on each count 
pursuant to subdivision (e).

   (7) If there is a current conviction for more than one serious orviolent 
felony as described in paragraph (6), the court shall imposethe sentence for 
each conviction consecutive to the sentence for anyother conviction for which 
the defendant may be consecutivelysentenced in the manner prescribed by law.

   (8) Any sentence imposed pursuant to subdivision (e) will beimposed 
consecutive to any other sentence which the defendant isalready 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 
felonyshall 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 
Section1192.7 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 followingdispositions shall affect the determination 
that a prior convictionis 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 conviction in another jurisdiction for an offense that, if
committed in California, is punishable by imprisonment in the state
prison.

  A prior conviction of a particular felony shall include a
conviction in another jurisdiction for an offense that includes all
of the elements of the particular felony as defined in subdivision(c) of Section 
667.5 or subdivision (c) of Section 
1192.7.

   (3) A prior juvenile adjudication shall constitute a prior felonyconviction 
for purposes of sentence enhancement if:

   (A) The juvenile was 16 years of age 
or older at the time he orshe committed the prior offense.
   (B) The prior offense is listed in subdivision (b) of Section 
707of the Welfare and Institutions Code or described in paragraph (1) or(2) 
as a 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 withinthe meaning 
of Section 602 of the Welfare and Institutions Codebecause the person 
committed an offense listed in subdivision (b) ofSection 
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 a prior felony
conviction:

   (1) If a defendant has one prior felony conviction 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) If a defendant has two or more prior 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 greater of:

   (i) Three times the term otherwise provided as punishment for each
current felony conviction subsequent to the two or more prior 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 Part2, 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.

   (f) (1) Notwithstanding any other law, subdivisions (b) to (i),inclusive, 
shall be applied in every case in which a defendant has a
prior felony conviction as defined in subdivision (d).

  The prosecuting attorney shall plead and prove each prior felony
conviction except as provided in paragraph (2).

   (2) The prosecuting attorney 
may move to dismiss or strike a priorfelony conviction allegation in the 
furtherance of justice pursuantto Section 
1385, or if there is insufficient evidence to prove the
prior conviction.

  If upon the satisfaction of the court that there
is insufficient evidence to prove the prior felony conviction, the
court may dismiss or strike the allegation.

   (g) Prior 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 convictions and 
shallnot enter into any agreement to strike or seek the dismissal of any
prior 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 June 30, 1993.

   (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 theLegislature except by statute passed in each house by roll
call voteentered 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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