The 3-Strikes Law |
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The 3-Strikes law in its details can be found here.
California's 3-Strikes law is codified in two separate Penal Code
statutes--sections 667 and 1170.12. Section 667 carries the
changes made by the state Legislature in early 1994, whereas
section 1170.12 created by the voters' approval of
Proposition 184 in November 1994. In most respects, the two laws are identical.
The 3-Strikes Law in a Nutshell:
If a person commits any felony after March 7, 1994 and:
If the person has one previous "violent" or "serious" felony conviction
(which includes burglary of an unoccupied dwelling), he or she is sentenced to
twice the term prescribed by law for each new felony (and must serve at least
80% of the sentence).
If the person has two previous violent or serious felony convictions,
he or she is sentenced to a life sentence with the possibility of parole. The
minimum term of the life sentence is calculated as the greater of the
following:
a. Three times the term otherwise provided
b. 25
years
c. The term determined by the court pursuant to other
applicable sentencing provisions of existing law.
The definitions for "violent" and "serious" felonies differs based on
whether the "current" conviction was committed prior to March 8, 2000 (when
Proposition 21 went into affect).
Also, the list for what can count as juvenile "violent" or "serious"
offenses is slightly different from the above lists and was also changed by
proposition 21.
Other mandatory provisions of 3-Strikes include:
A person previously convicted of a violent or serious felony, who is
convicted of one or more new felonies, may not be granted probation by the
court.
A person sentenced under 3-Strikes may not be committed to any facility
other than prison.
A person sentenced under 3-Strikes may only receive sentence credits
limited to a maximum of 20% of the total sentence.
For the purpose of determining prior felony convictions under
3-Strikes, a juvenile adjudication of a 16-year-old or 17-year-old who was
found fit for juvenile court must be counted as a prior felony conviction.
3-Strikes prohibits plea bargaining.
3-Strikes eliminates any washout period, requiring that any prior
serious or violent felony conviction be used regardless of how old it is.
Under 3-Strikes, the prosecuting attorney must plead and prove each
prior felony conviction.
3-Strikes may only be amended by a 2/3 vote of the legislature.
Please send questions or comments to factsla@sbcglobal.net.
Everything on this web site can be distributed to the general public,
reprinted, or reposted without permission of Families to Amend California's
3-Strikes.
Date last modified: 6/19/00.
