AMENDED IN SENATE SEPTEMBER 1, 2017

AMENDED IN ASSEMBLY MAY 1, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

95

CHAPTER 668

Statutes of 2017

[ Approved by Governor October 11, 2017. Filed with Secretary of State October 11, 2017. ]

Introduced by Assembly Member Dababneh

(Coauthors: Assembly Members Cooper and Lackey)

February 17, 2017

An act to add Section 667.95 to the Penal Code, relating to violent felonies.

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

LEGISLATIVE COUNSEL’S DIGEST

Existing law provides, for many criminal offenses, 3 possible terms of punishment. Existing law authorizes a court, in sentencing a person convicted of such a crime, to select the appropriate term which, in its sound discretion, best serves the interests of justice. Existing law allows the court to consider, in choosing an appropriate punishment, the record of the case, specified reports received by the court, and specified statements in aggravation or mitigation.

This bill would authorize the court to consider that a defendant convicted of a specified violent felony willfully recorded a video of the commission of the violent felony with the intent to encourage or facilitate the offense as a factor in aggravation in sentencing that defendant.

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

SECTION 1.

Section 667.95 is added to the Penal Code, to read:

667.95.

In sentencing a person convicted of a violent felony listed in subdivision (c) of Section 667.5, the court may consider, as a factor in aggravation, that the defendant willfully recorded a video of the commission of the violent felony with the intent to encourage or facilitate the offense.