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   1994 CALIFORNIA VOTER INFORMATION: PROPOSITION 184. TEXT OF PROPOSED LAW
                                       
   
   
   This initiative measure is submitted to the people in accordance with
   the provisions of Article II, Section 8 of the Constitution.
   
   This initiative measure adds a section to the Penal Code; therefore,
   new provisions proposed to be added are printed in italic type to
   indicate that they are new.
   
PROPOSED LAW

   
   
   The People of the State of California do enact as follows:
   
   It is the intent of the People of the State of California in enacting
   this measure to ensure longer prison sentences and greater punishment
   for those who commit a felony and have been previously convicted of
   serious and/or violent felony offenses.
   
   SECTION 1. Section 1170.12 is added to the Penal Code, to read:
   
   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 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) 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 of
   whether a prior conviction is a prior felony conviction for purposes
   of this section 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 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 and
   Institutions 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 Code because
   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 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 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 felony
   convictions, 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 Part 2, 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 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) of paragraph (2) of this subdivision shall not be
   merged therein but shall commence at the time the person would
   otherwise have been released from prison. 
   
   (d) (1) Notwithstanding any other provision of law, this section shall
   be applied in every case in which a defendant has a prior felony
   conviction as defined in this section. 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 prior
   felony conviction allegation in the furtherance of justice pursuant
   to 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. 
   
   (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 shall not
   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). 
   
   SECTION 2. All references to existing statutes are to statutes as they
   existed on June 30, 1993.
   
   SECTION 3. If any provision of this act or the application thereof to
   any person or circumstances is held invalid, that invalidity shall not
   affect other provisions or applications of the act which can be given
   effect without the invalid provision or application, and to this end
   the provisions of this act are severable.
   
   SECTION 4. The provisions of this measure 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.
   
   
   
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