AB 1751

Bill Subjects

Abstract

Existing law, including law added by an initiative act that requires amendments to its provisions to be approved by 23 of the membership of both houses of the Legislature, commonly known as the Three Strikes law, provides for increased penalties for certain recidivist offenders. In particular, it provides that, in addition to any other enhancement or penalty provisions that may apply, (1) if a defendant has one prior felony conviction, as defined, the determinate term, or minimum term for an indeterminate term, shall be twice the term otherwise provided as punishment for the current conviction, and (2) if a defendant has 2 or more prior felony convictions, the term for the current felony conviction shall be an indeterminate term of imprisonment in the state prison for life with a minimum term of the greatest of (A) 3 times the term otherwise provided as punishment for each current felony conviction subsequent to the 2 or more prior felony convictions, (B) imprisonment in the state prison for 25 years, or (C) the term determined by the court for the underlying conviction, including any applicable enhancement or punishment provisions. "Prior conviction for a felony" is defined, for purposes of the Three Strikes law, to include a prior juvenile adjudication, as specified. This bill would delete a prior juvenile adjudication from the definition of "prior conviction of a felony" for purposes of the Three Strikes law.