CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

97

CHAPTER 441

Statutes of 2021

[ Approved by Governor October 1, 2021. Filed with Secretary of State October 1, 2021. ]

Introduced by Assembly Member Wicks

(Coauthors: Assembly Members Quirk, Stone, and Santiago)

February 10, 2021

An act to amend Section 654 of the Penal Code, relating to criminal law.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law requires an act or omission that is punishable in different ways by different laws to be punished under the law that provides for the longest possible term of imprisonment.

This bill, instead, would authorize an act or omission that is punishable in different ways by different laws to be punished under either of those provisions.

The people of the State of California do enact as follows:

SECTION 1.

Section 654 of the Penal Code is amended to read:

654.

(a) An act or omission that is punishable in different ways by different provisions of law may be punished under either of such provisions, but in no case shall the act or omission be punished under more than one provision. An acquittal or conviction and sentence under any one bars a prosecution for the same act or omission under any other.

(b) Notwithstanding subdivision (a), a defendant sentenced pursuant to subdivision (a) shall not be granted probation if any of the provisions that would otherwise apply to the defendant prohibits the granting of probation.