BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 164 (Beall) - Serial sexual predators ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 7, 2015 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: April 20, 2015 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: SB 164 would provide that where a defendant has been convicted of more than one One-Strike qualifying offense on charges brought and tried separately, he or she is subject to a life term, as specified, irrespective of the order in which the offenses were committed or the convictions obtained. Fiscal Impact: Potentially significant future costs (General Fund) for longer prison sentences. While the number of defendants to be impacted is unknown, to the extent even two cases per year are impacted statewide, cumulative future costs after five to ten years would be $340,000 to $680,000 annually, once the sentences that otherwise would have been imposed under existing law have been served. This estimate is based on an in-state contract bed cost of $34,000 per year. Background: Existing law includes the One Strike law, which applies to rape, oral copulation, sodomy, sexual penetration committed by SB 164 (Beall) Page 1 of ? force, duress, or threats, lewd conduct with a child under the age of 14, and continuous sexual abuse of a child. The court must impose a term of 15 years to life, 25 years to life, or life without the possibility of parole (LWOP) for specified crimes against a minor, based on the number and type of aggravating factors attendant to the crime. (Penal Code (PC) § 667.61(a)-(o).) Existing law provides that a defendant shall be punished by imprisonment in the state prison for 25 years to life if convicted of a One-Strike qualifying offense if certain circumstances were present, including but not limited to the circumstance that the defendant has been previously convicted of a qualifying One-Strike offense. (PC § 667.61(d)(1).) Additionally, under specified circumstances where the victim is a minor, and the defendant has been previously convicted of a qualifying One-Strike offense, an adult defendant is subject to a life term without the possibility of parole. In People v. Huynh (2014) 227 Cal.App.4th 1210, the court ruled that in order for the provisions of PC § 667.61(d)(1) to be applicable to a defendant, the commission of the currently charged offense must have occurred after the conviction for another qualifying offense. The court opinion succinctly described the issue in the case: The issue in this case is simply, what does "previously convicted" in Penal Code section 667.61, subdivision (d)(1), mean (all further statutory references are to the Penal Code)? The Orange County District Attorney argues "previously convicted" means a defendant was convicted of a qualifying offense but it is immaterial whether the qualifying offense occurred before or after the currently charged offense and the trial court erred in dismissing the section 667.61, subdivision (d)(1), allegation. Randy Thanh Huynh responds "previously convicted" means a defendant was convicted of a qualifying offense before the commission of the currently charged offense and the court properly dismissed the section 667.61, subdivision (d)(1), allegation. We agree with Huynh and affirm the trial court's order dismissing the section 667.61, subdivision (d)(1), allegation. SB 164 (Beall) Page 2 of ? This bill seeks to essentially obviate the decision of the court by specifying that a defendant is subject to the specified sentence under PC § 667.61 if he or she has been convicted of qualifying One Strike offenses in separate prosecutions, irrespective of the order in which the offenses were committed or the convictions obtained. Proposed Law: This bill would provide that where a defendant has been convicted of more than one One-Strike qualifying offense, on charges brought and tried separately, including an offense committed in another jurisdiction, as specified, the defendant shall be subject to a life term, as specified, under the One Strike Law. This bill specifies that the sentence shall apply irrespective of the order in which the offenses were committed or the convictions obtained. Prior Legislation: AB 1844 (Fletcher) Chapter 219/2010, enacted the Chelsea King Child Predator Prevention Act of 2010, also known as "Chelsea's Law," which increases penalties for forcible sex acts against minors, provides for life imprisonment without the possibility of parole for specified sex offenses against minors that include aggravating factors, mandates lifetime parole for persons convicted of certain sex crimes against minors, and creates safe zones around parks. Proposition 83, November 2006 General Election, the Sexual Predator Punishment and Control Act (Jessica's Law), provides that a defendant shall be punished by imprisonment in state prison for 25 years to life if convicted of specified sex offenses, if certain circumstances were present, including if the defendant has been previously convicted of a specified offense. Proposition 83 provides that the Legislature may amend its provisions to expand the scope or increase the punishment or penalties by a statute passed by a majority of each house. Staff Comments: By expanding the circumstances under which a defendant would be subject to a 25 years to life or LWOP term, this bill will SB 164 (Beall) Page 3 of ? result in longer prison sentences and significant out-year General Fund cost increases. Costs would be dependent on the details of each case and the prison term that otherwise would have been served in the absence of this measure. While the number of defendants to be impacted is unknown, to the extent even two cases per year are impacted statewide, cumulative future costs after five to ten years would be $340,000 to $680,000 annually, once the sentences that otherwise would have been imposed under existing law have been served. This estimate is based on an in-state contract bed cost of $34,000 per year. Indirectly, to the extent the provisions of this bill result in additional cases being charged under the provisions of this measure and plea bargained resulting in longer sentences than otherwise would have occurred under existing law, would also result in increases in future costs (General Fund) for extended incarceration. The Three-Judge Court has ordered the State to reduce its prison population to 137.5 percent of the prison system's design capacity by February 28, 2016. Pursuant to its February 10, 2014 order, the Court has ordered the CDCR to implement several population reduction measures, prohibited an increase in the population of inmates housed in out-of-state facilities, and indicated the Court will maintain jurisdiction over the State for as long as necessary to ensure the State's compliance with the 137.5 percent final benchmark is durable, and that such durability is firmly established. Any future increases to the State's prison population challenge the ability of the State to reach and maintain such a "durable solution," and could require the State to pursue one of several options, including contracting-out for additional bed space or releasing current inmates early onto parole. Recommended Amendments: As drafted, the provisions of this bill could potentially be interpreted to require convictions for two different offenses listed in paragraphs (1) through (9) of PC § 667.61(c) in order to apply the applicable life sentence. In other words, a defendant convicted of the same offense twice under PC § 667.61(c) could potentially be excluded from the specified sentence by not meeting the definition of "convicted of more than one offense specified in subdivision (c)," as the SB 164 (Beall) Page 4 of ? defendant was convicted twice but only of one offense specified in subdivision (c). Staff recommends the following amendments to PC 667.71(d): (1) The defendant , on charges brought and tried separately, has been convicted two or more times, including a conviction in the current case, ofmore than onean offense or offenses specified in subdivision (c)on charges brought and tried separately, including an offense committed in another jurisdiction that includes all of the elements of an offense specified in subdivision (c).This paragraph shall apply irrespective of the order in which the offenses were committed or the convictions obtained. A qualifying offense includes an offense committed in another jurisdiction that includes all of the elements of an offense specified in subdivision (c). -- END --