NCJ Number
153707
Journal
Law Enforcement Quarterly Dated: (February-April 1995) Pages: 14-16,36
Date Published
1995
Length
4 pages
Annotation
Laws enacted in 1995 in California that deal with felony and misdemeanor offenses are briefly described.
Abstract
The Three Strikes Law (PC 667) is the most significant law of 1995. This law provides double base terms for defendants with one prior strike and a life sentence with a 25-year minimum for those with two prior strikes. The One Strike Sex Offender Law (PC 667.61) provides a 25-to-life term for certain forcible sex crimes, if one of the following circumstances is pled and proved: prior conviction of specified sex crimes; defendant kidnapped the victim which substantially increased the risk of harm; defendant inflicted aggravated mayhem or torture; or defendant committed the offense during a first-degree burglary with the intent to commit a sex offense. The Aggravated Sexual Assault of a Child Law (PC 269) provides a 15-to-life sentence for anyone convicted of forcible sexual assault of a child under 14 years of age or who is 10 or more years younger than the offender. Another new law creates the offense of aggravated arson, defined as deliberate, premeditated arson with the intent to cause injury to a person, property, or structure. Additional laws prohibit carrying a firearm while masked in a public place, prohibit persons subject to certain restraining orders from owning or possessing a firearm while the order is in effect, and prohibit knowingly displaying and selling harmful matter in coin-operated vending machines. Several new laws have resulted from current events, such as jury tampering, sexually abused or molested minors, price gouging, impounding and possibly forfeiting vehicles driven by persons with no valid license, asset forfeiture, Federal arrests for State crimes, and violent crimes. The author questions the validity of some laws passed by the California legislature in 1995.