The California Criminal Law Observer

The Three "Strikes and You're Out" Law: The Proposition 184 Three Strikes Initiative Effective November 9, 1994


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CALIFORNIA CODES
PENAL CODE SECTION 1170.12

1170.12.

  (a) Notwithstanding any other provision of 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 felony convictions,
as defined in subdivision (b), 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 felony conviction and the
current felony conviction shall not affect the imposition ofsentence.

   (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 this section.

   (7) If there is a current conviction for more than one serious or
violent felony as described in paragraph (6) of this subdivision, 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 this section will be imposed
consecutive to any other sentence which the defendant is already
serving, unless otherwise provided by law.

   (b) Notwithstanding any other provision of law and for the
purposes of this section, a prior conviction of a 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 ofwhether a prior conviction is a prior felony conviction 
for purposesof this section shall be made upon the date of that prior 
convictionand is not affected by the sentence imposed unless the 
sentence automatically, upon the initial sentencing, converts the felony to 
amisdemeanor.  None of the following dispositions shall affect the
determination that a prior conviction is a prior felony for purposes
of this section:

   (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 
felony conviction for purposes of sentence enhancement if:

   (A) The juvenile was sixteen years of age or older at the time he
or she committed the prior offense, and

   (B) The prior offense is

   (i) listed in subdivision (b) of Section 707 
of the Welfare andInstitutions Code, or

   (ii) listed in this subdivision as a felony, and

   (C) The juvenile was found to be a fit and proper subject to be
dealt with under the juvenile court law, and

   (D) The juvenile was adjudged a ward of the juvenile court within the 
meaning of Section 602 of the Welfare and Institutions Codebecause the person 
committed an offense listed in subdivision (b) of
Section 
707 of the Welfare and Institutions Code.

   (c) For purposes of this section, and in addition to any other enhancements 
or punishment provisions which may apply, the followingshall apply where a 
defendant has a prior felony conviction:

   (1) If a defendant has one prior felony conviction that has beenpled and 
proved, the determinate term or minimum term for anindeterminate term shall be 
twice the term otherwise provided aspunishment for the current felony 
conviction.   (2) (A) If a defendant has two or more prior felony 
convictions,as defined in paragraph (1) of subdivision (b), 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 
felonyconvictions, or

   (ii) twenty-five years or

   (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) 
of paragraph (2) of this subdivision shall be served consecutive to anyother 
term of imprisonment for which a consecutive term may beimposed by law.

  Any other term imposed subsequent to anyindeterminate term described in 
subparagraph (A) of paragraph (2) ofthis subdivision shall not be merged 
therein but shall commence atthe time the person would otherwise have been 
released from prison.

   (d) (1) Notwithstanding any other provision of law, this sectionshall be 
applied in every case in which a defendant has a priorfelony conviction as 
defined in this section.  The prosecutingattorney shall plead and prove each 
prior felony conviction except asprovided 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 theprior conviction.  

If upon the satisfaction of the court that thereis insufficient evidence to 
prove the prior felony conviction, thecourt may dismiss or strike the 
allegation.   (e) 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 (d).

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