Prop. 6 penalties
Full List (Word Document)
of Criminal Law Changes in Prop. 6
(by Sue Burrell of the YLC)
Proposition 6 introduces approximately 30 new crimes or additional penalties to California criminal law.
Contrary to what the proponents suggest, these penalties aren’t targeted toward the most dangerous offenders: the great majority target non-violent offenders, aiders and abettors, and others who were least responsible for the commission of a particular offense.
Of 31 new or enhanced penalties Prop. 6 adds to California criminal law:
- Five punish violent crimes (though only one punishes an individual for physically harming another person)
- Three punish non-violent “process” crimes
- Three punish non-violent drug crimes
- Seven punish non-violent property crimes
- Five punish “gang” crimes (mostly affecting the non-violent)
- Six target accessories, accomplices, aiders and abettors
- And two are penalties reserved for people already in prison.
VIOLENT CRIMES: 5
1. Only ONE punishes an individual for physically harming another person: adding first-degree burglary to list of offenses eligible for 10-20-Life gun law (enhancement for use of a firearm in the commission of a felony).
2. A new felony (2-4 years) for anyone who attempts to dissuade a judge/juror/attorney/peace officer from fulfilling some duty of their station, attempts to dissuade any person from filing/implementing a gang injunction, or attempts to retaliate against someone for fulfilling one of the duties above. The fact that no injury or intimidation occurred is not a defense.
3. Makes discharging a firearm from a vehicle (whether or not it causes harm) an offense punishable by 15 years to life in prison, if gang related. Discharging a firearm and causing bodily injury is already punishable by 15-years-to-life, if gang related.
4. Removes minimum term of 7 years to make extortion or threats to witnesses, judges, juror, prosecutors, public defenders, or peace officers a life sentence without parole.
5. Creates new, additional penalty of 10 years for illegal possession of a firearm by a formerly incarcerated person under certain circumstances.
NON-VIOLENT “PROCESS” CRIMES: 3
6. Creates a crime for violation of civil gang injunction—up to a year in jail for first violation, 90 days to 1 year for second violation of any injunction, and, for a third violation of any injunction, state imprisonment for 1 to 3 years.
7. Creates new misdemeanor (up to a year in county jail) and felony (16 months to 3 years)—depending on prior offense—for ex-offenders convicted of a gang-related offense/enhancement who fail to register all their addresses for five years after release.
8. Creates a new felony (16 months to 3 years in prison) or misdemeanor (up to a year in jail), depending on prior offense, for anyone who willfully removes for disables a GPS device affixed to himself or someone else.
NON-VIOLENT DRUG CRIMES: 3
9. Increases penalty for possession for sale of methamphetamine (now 2 to 4 years of imprisonment).
10. Mandates state prison term for every person who possesses methamphetamine.
11. Increases prison term (3 to 5 years) for every person who imports / sells / furnishes / gives away / offers to transport methamphetamine.
NON-VIOLENT PROPERTY CRIMES: 7
12. Multiple acts of vandalism in a 12-month period may be aggregated for purposes of handing out a harsher sentence (i.e., one year prison term).
13. New enhancement (additional 1 year) for principal or accessory in a car theft, if the purpose is the sale of the vehicle or its parts.
14. New enhancement (additional 1 year) for principal or accessory in a car theft, if the vehicle is later used in the commission of a felony prior to its recovery (regardless of who commits the subsequent felony).
15. New enhancement (additional 1 year) for principal or accessory in a car theft, if intent is to use the vehicle in a felony.
16. New enhancement (additional 1 year) for principal or accessory in a car theft, if the vehicle is involved in an act of evading a police officer prior to its recovery (irrespective of who is in command of the vehicle at the time).
17. New enhancement for principal or accessory in a car theft if the vehicle is involved in a collision prior to its recovery (additional year for each person injured, irrespective of who’s operating the vehicle, and who is at fault).
18. Limits court authority to grant probation in cases involving joyriding or auto theft if the person has 2 or more prior violations
GANG CRIMES: 5
“Gang-related” felonies include violent and non-violent offenses, but Prop. 6’s gang penalties will impact non-violent offenders most severely:
19. A minor, 14 years or older, is presumed unfit for juvenile court—and eligible to be tried in adult court—for any allegedly gang-related felonies. If tried in juvenile court, he or she is eligible for commitment to DJJ. Violent and serious felonies already presume a juvenile unfit for juvenile court. These are also the offenses that qualify a juvenile for commitment to DJJ. This provision, then, will allow young people whose crimes are less serious (drug or property crimes) to be tried in adult court or sent to DJJ.
20. Upper term (4 years) of gang enhancement (2-4 years) for non-serious, non-violent felonies can be applied with no aggravating circumstances. Today, middle term must be applied.
21. Disallows courts from striking any gang enhancement for any reason.
22. An additional, consecutive term of five years applies to anyone who “recruits” a minor under the age of 14 to a gang.
23. Stipulates that for gang-related violations of the 10-20-Life gun laws, other enhancements (like Sec. 186.2 gang enhancements) can also apply—even for someone who never personally used a firearm.
PENALTIES FOR ACCESSORIES, ACCOMPLICES, AIDERS AND ABETTORS: 6
The following penalties specifically and exclusively target the people least responsible for the commission of a crime:
24. Redefines “accessory”: Anyone who makes a false statement relevant to an investigation of a gang-related or violent felony will be treated as an accessory to that felony.
25. Any person found guilty as an accessory to a gang-related felony is subject to one-half the punishment prescribed for the principal in such a felony. An accessory, under Prop 6, is someone who harbors, conceals or aids a principal in a felony, OR someone who makes a materially false statement in the course of an investigation of that felony.
26. Owners face civil penalties and eviction orders for crimes committed on their property, even without their knowledge. Alters nuisance/abatement laws for property used in gang activity: Allows, without proper notice, an eviction or closure order to be entered (not so before) and civil penalties to be assessed against the owner/tenant, even if he has no prior knowledge of the criminal activity.
27. Any person found to have violated California statute against gang recruitment will be treated as a principal to any subsequent felony committed within one year by the person he recruited.
28. 10-20-Life gun law enhancements apply fully to the accomplices of any individual who uses a firearm in the commission of a certain felony.
29. Any person who provides contraband (weapon / cell phone, etc.) used in a gang-related felony (see below) will be deemed a principal and be subject to the same penalties as the inmate (double whatever the offense would typically receive), with or without intent to facilitate a crime.
PENALTIES FOR PEOPLE ALREADY IN PRISON: 2
30. Any person who is convicted of any felony offense punishable by a max term of life is ineligible to receive any conduct credit reduction of his or her term of imprisonment.
31. Doubles the typical penalty prescribed for any inmate who commits a gang-related felony (violent or non-violent) in prison.
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