CALIFORNIA SB 786
Chapter 350
BILL NUMBER: SB 786 CHAPTERED 09/07/99 CHAPTER 350 FILED WITH SECRETARY OF STATE SEPTEMBER 7, 1999 APPROVED BY GOVERNOR SEPTEMBER 7, 1999 PASSED THE ASSEMBLY AUGUST 19, 1999 PASSED THE SENATE MAY 17, 1999 AMENDED IN SENATE MAY 6, 1999 AMENDED IN SENATE APRIL 7, 1999 INTRODUCED BY Senator Schiff FEBRUARY 25, 1999 An act to amend Section 668 of, and to add Section 668.5 to, the Penal Code and to amend Section 6600 of the Welfare and Institutions Code, relating to punishment, and declaring the urgency thereof, to take effect immediatelyLEGISLATIVE COUNSEL'S DIGEST SB 786, Schiff. Punishment.
Existing law provides that every person convicted in any other state, government, country, or jurisdiction of an offense that is punishable in this state by imprisonment in state prison is punishable as if the prior conviction had occurred in this state when convicted of a subsequent crime in this state. Existing law specifies that the application of this provision includes, but is not limited to, all statutes that provide for enhancements for prior convictions and prior prison terms.
This bill additionally would include in this application a term of imprisonment based upon a prior conviction or prior prison term and further require that an offense specified as a prior felony conviction by reference to a specific code section include any prior felony conviction under any predecessor statute of that specified offense that includes all of the elements of that specified offense.
This bill also would specify that application of the latter provision includes, but is not limited to, all statutes that provide for an enhancement or a term of imprisonment based upon a prior conviction or a prior prison term.
This bill would make a conforming change.
The bill also would provide that it is intended to be declaratory of existing law as established by the holding set forth in People v.
Butler (1998) 68 Cal....
