California's "Three Strike" law is again current news because there is a movement in the California State Assembly to change California's
"Three Strike" law. Before I discuss what the proposed changes are I will summarize what the current state of the law is and how it came into being.
In 1992 Joe Davis and Douglas Walker murdered Kimber Reynolds as she left a Fresno restaurant. Davis and Walker drove up on a motorcycle as Kimber stood on the sidewalk in front of the restaurant and tried to take her purse. Kimber briefly struggled and Davis shot and killed her.
Davis was eventually located at an apartment complex. The police surrounded the apartment complex and when he exited the apartment he opened fire; Davis was shot and killed by the police. Walker, the motorcycle driver was later arrested and pled guilty in court to accessory to murder. Walker was sentenced to 9 years prison, the maximum sentence at the time. Davis and Walker both had prior felony convictions.
Mike Reynolds, Kimber's father, began a petition drive to toughen California Law. His idea was "Three Strikes and You're Out". The proposed law was essentially that individuals convicted of a second felony who had a prior
"strike" conviction, a serious or violent felony, would have their sentence doubled. Individuals with two prior
"strikes" who are subsequently convicted of a third felony would be sentence to 25 years to life under the proposed law.
In 1994 the California Legislature passed Assembly Bill 971 and later that year California voters passed Proposition 184 making "Three Strikes" the law.
The "Three Strikes" law is codified in California Penal Code Section 667(b)-(i). It doubles the penalty of individuals convicted of a felony who have a prior
"strike" and for those who have two prior "strikes" who are convicted of a third felony the sentence is 25 years to life.
Penal Code Section 1192.7(c) (1) defines a serious felony, they are:
(1) Murder or voluntary manslaughter
(2) mayhem
(3) rape
(4) sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person
(5) oral copulation by force, violence, duress,
menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person
(6) lewd or lascivious act on a child under 14 years of age
(7) any felony punishable by death or imprisonment in the state prison for life
(8) any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm
(9) attempted murder
(10) assault with intent to commit rape or robbery
(11) assault with a deadly weapon or instrument on a peace officer
(12) assault by a life prisoner on a noninmate
(13) assault with a deadly weapon by an inmate
(14) arson
(15) exploding a destructive device or any explosive with intent to injure
(16) exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem
(17) exploding a destructive device or any explosive with intent to murder
(18) any burglary of the first degree
(19) robbery or bank robbery
(20) kidnapping
(21) holding of a hostage by a person confined in a state prison
(22) attempt to commit a felony punishable by death or imprisonment in the state prison for life
(23) any felony in which the defendant personally used a dangerous or deadly weapon
(24) selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of the precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety Code
(25) any violation of subdivision (a) of Section 289 where the act is accomplished against the victim's will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person
(26) grand theft involving a firearm
(27) carjacking
(28) any felony offense, which would also constitute a felony violation of Section 186.22
(29) assault with the intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220
(30) throwing acid or flammable substances, in violation of Section 244
(31) assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Section 245
(32) assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Section 245.2, 245.3, or 245.5
(33) discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Section 246
(34) commission of rape or sexual penetration in concert with another person, in violation of Section 264.1
(35) continuous sexual abuse of a child, in violation of Section 288.5
(36) shooting from a vehicle, in violation of subdivision (c) or (d) of Section 26100
(37) intimidation of victims or witnesses, in violation of Section 136.1
(38) criminal threats, in violation of Section 422
(39) any attempt to commit a crime listed in this subdivision other than an assault
(40) any violation of Section 12022.53
(41) a violation of subdivision (b) or (c) of Section 11418
(42) any conspiracy to commit an offense described in this subdivision.
Penal Code Section 667.5 defines a violent felony, they are:
(1) Murder or voluntary manslaughter.
(2) Mayhem.
(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.
(4) Sodomy as defined in subdivision (c) or (d) of Section 286.
(5) Oral copulation as defined in subdivision (c) or (d) of Section 288a.
(6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288.
(7) Any felony punishable by death or imprisonment in the state prison for life.
(8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.
(9) Any robbery.
(10) Arson, in violation of subdivision (a) or (b) of Section 451.
(11) Sexual penetration as defined in subdivision (a) or (j) of Section 289.
(12) Attempted murder.
(13) A violation of Section 18745, 18750, or 18755.
(14) Kidnapping.
(15) Assault with the intent to commit a specified felony, in violation of Section 220.
(16) Continuous sexual abuse of a child, in violation of Section 288.5.
(17) Carjacking, as defined in subdivision (a) of Section 215.
(18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.
(19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22 of the Penal Code.
(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22 of the Penal Code.
(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.
(22) Any violation of Section 12022.53.
(23) A violation of subdivision (b) or (c) of Section 11418.
If someone is convicted of any crime listed above it constitutes a "strike". If they are later convicted of a new felony their sentence is doubled. If someone is convicted of two of the crimes listed above and they are later convicted of a felony their sentence is 25 years to life.
"Three Strikes" is not without its critics and State Assemblyman Mike Davis, a Democrat from Los Angles, recently introduce Assembly Bill 327 to address some of these criticisms. On January 30, 2012, the State Assembly voted down AB 327; however, yesterday, January 31, 2012, Assemblyman Davis sought a re-vote and it was approved. AB 327 now goes to the State Senate.
In my next post I will analyze the changes to the "Three Strikes" law proposed by Assembly Bill 327.