Proposition 83			00.00 10/05
	Full Extract
	Submitted as: "The Sexual Predator Punishment and Control Act:  Jessica's Law"
	Type:  Amendment to the Penal Code and Welfare and Institutions Code
	Subject:  Change to Monitoring Methods and Extent of Punishment for illegal sexual acts.
	Submitters:  Richard Gann, George Runner, Sharon Runner
	Supporting Organization:
		Name:	Campaign for Child Safety, Jessica's Law 2006 921 11th Street, Suite 400 Sacramento, CA 95814
		Email: info at 83yes.com
		Web Site: www.83yes.com
		Phone:916.443.2024
	Opposing Organization:
		Name:	California Attorneys for Criminal Justice 1225 Eighth Street #150 Sacramento, CA 95814
		Email: gailjonescacj at sbcglobal.net
		Web Site: www.cacj.org
		Phone: 916.448.8868
	Section 1
	Provides Title
	Section 2
	Provides background to support need for change
	Section 3
	Amends Section 209 of the Penal Code
	209 (a) No change [Describes the crime of kidnapping and sets the punishment, life imprisonment without parole if injury or death, life imprisonment with possible parole if not]
	209 (b)(1) Sets imprisonment for life, with possibility of parole, for kidnapping associated with a sex crime, adding reference to Sections 264.1 and 288, and keeping the current reference to 289 [289 covers "sexual penetration".  264.1 refers to 261 and 262, thereby adding coverage of rape and spousal rape, respectively; 288 covers lewd acts with a child under the age of 14. This standard coverage is present throughout the Measure, either because the current Code text says it, or because text is amended to add it.]
	209 (d) No change.  [(b) above is subordinate to Section 667.61, which specifies punishment.  667.61 is amended below by this Initiative]
	Section 4
	Amends Section 220 of the Penal Code
	220 (a) Other than the exception now provided by (b) below, every person who commits mayhem, rape, sodomy, oral copulation, or any violation of Sections 264.1, 288, or 289 now "shall be punished", where before the law read "is punishable", by imprisonment for 2, 4 or 6 years.  [The standard coverage is already implied.]
	220 (b) Adds text to make commission of burglary in the first degree, associated with the terms of (a) punishable with life imprisonment with possibility of parole.
	Section 5
	Amends Section 269 of the Penal Code
	269 (a) For the definition of aggravated sexual assault of a child, reduces the necessary age difference from 10 to 7 years, and adds precise terms and in some cases increased scope for each possible act:
	269 (a) (1) Adds the text "Rape" to cover acts under 261(a)(2), and now also includes 261(a)(6).  [261(a)(2) mentions the use of force or fear; 261(a)(6) mentions the use of a threat to retaliate in future.]
	269 (a) (2) Adds the text "Rape ... in concert", where before there was just a reference to the pertinent subsection.  [264.1]
	269 (a) (3) For sodomy, changes reference to all of Section 286 to specific reference to subsection 286(d) and paragraphs 286(c)(2) and 286(c)(3).  [286(c)(2) mentions the use of force or fear; 286(c)(3) mentions the use of a threat to retaliate in future; 286(d) mentions doing the above in concert.]
	269 (a) (4) For oral copulation, changes reference to all of Section 288 to specific reference to subsection 288a(d) and paragraphs 288a(c)(2) and 288a(c)(3).  [288a(c)(2) mentions the use of force or fear; 288(c)(3) mentions the use of a threat to retaliate in future; 288a(d) mentions doing the above in concert.]
	269 (a) (5) Adds the text "Sexual Penetration" where before there was just a reference to the pertinent subsection.  [289]
	269 (b) No change.  [Violation of this section is a felony, punishable by 15 years to life.]
	269 (c) Adds text to require that consecutive sentences be imposed for each offense committed under this section, per subdivision 667.6(d).  [667.6 is significantly amended by this initiative.]
	Section 6
	Adds Section 288.3 of the Penal Code
	288.3 (a) "Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 288, 288a, 288.2, 289, 311.1, 311.2, 311.4 or 311.11 involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense." [207 covers kidnapping, 209 covers kidnapping for ransom, 261 covers non-spousal rape, 264.1 covers acting in concert, 273a covers child neglect or battery, 286 covers sodomy, 288a covers oral copulation, 288.2 covers knowing provision of "harmful matter" to a child, 289 covers sexual penetration, 311.1 covers importation, possession, or provision of obscene matter involving a person under the age of 18, 311.2 covers importation, possession, or provision of any obscene matter, 311.4 covers the employment of a minor to create the materials of 311.2, and 311.11 covers punishment.  209 and 311.11 are amended by this initiative, 311.11 significantly.]
	288.3 (b)  "As used in this section, 'contacts or communicates with' shall include direct and indirect contact or communication that may be achieved personally or by use of an agent or agency, any print medium, any postal service, a common carrier or communication common carrier, any electronic communications system, or any telecommunications, wire, computer, or radio communications device or system."
	288.3 (c)  "A person convicted of a violation of subdivision (a) who has previously been convicted of a violation of subdivision (a) shall be punished by an additional and consecutive term of imprisonment in the state prison for five years."
	Section 7
	Amends Section 290.3 of the Penal Code
	290.3 (a) Changes the punishment for a crime committed under subdivision 290(a), for a first conviction to a fine of $300, changed from $200 and for a second or later conviction, to $500 changed from $300.  Continues to assign these fines to the General Fund.  [290(a) requires sex criminals to register, and defines the scope of acts that qualify the person as a sex criminal.]
	290.3 (b) No change.  [Except for the new allocation described in (d) below, fines collected due to second offenses continue to be allocated as they have been.]
	290.3 (c) No change.  [The Department of Corrections and the Department of the Youth Authority may collect fines for offenses that result in incarceration.]
	290.3 (d) $100 of every fine in excess of $100 shall go to the Department of Corrections and Rehabilitation to defray the cost of the global positioning system used to monitor sex offender parolees.  [See 3004]
	Section 8
	Amends Section 311.11 of the Penal Code
	311.11 (a) For possession of media the production of which involves "the use of a person under the age of 18 years, knowing that the matter depicts a person under the age of 18 years personally engaging in or simulating sexual conduct, as defined in subdivision (d) of Section 311.4", changes the crime from being a public offense to a felony, and allows for imprisonment in state prison, as well as county jail.  [311.4(d) defines "sexual conduct", when a minor has been employed to produce depictions of the same.]
	311.11 (b) Every person who violates (a) and has been previously convicted of a violation of this section, or an offense described in subparagraph 290(a)(2)(A), or an attempt to commit any of these, is guilty of a felony and liable to imprisonment in state prison for two, four or six years.  [The "attempt" clause is added.  290(a)(2)(A) is a long list of possible offenses, for which the offender has been required to register as a sex offender.]
	311.11 (c) No change.  [Continues to say that media being considered as part of the offense need not be judged obscene]
	311.11 (d) No change.  [Exempts media such as statues and MPAA rated movies]
	Section 9
	Amends Section 667.5 of the Penal Code
	667.5 (a) No change [Continues, for violations of (c) below, where there has been a prior violent felony, to add a separate three year term for each such violation.  This does not apply if the defendant's record is clean for the prior 10 years.]
	667.5 (b) No change [Except where (a) applies, continues, where there has been a prior felony for which a sentence has been imposed, to add a separate one year term for each such violation.  This does not apply if the defendant's record is clean for the prior 5 years.]
	667.5 (c) Modifies the definition of "violent felony" in some instances to be:
	667.5 (c) (1 - 3) No change [Continues to include murder or involuntary manslaughter, mayhem, and rape, as previously defined.]
	667.5 (c) (4) For sodomy, adds specific reference to subdivisions 286(c) or 286(d).  [These cover the use of force or fear, or a threat to retaliate in future, to accomplish sodomy, singly or in concert.  Overall, this adds making a threat of retaliation a part of the felony.]
	667.5 (c) (5) For oral copulation, adds specific reference to subdivisions 288a(c) or 288a(d).  [These cover the use of force or fear, or a threat to retaliate in future, to accomplish oral copulation, singly or in concert.  Overall, this adds making a threat of retaliation a part of the felony.]
	667.5 (c) (6) Formerly just "lewd" but now also "lascivious" acts, now specifically defined by subdivisions 288(a) or 288(b).  [288 covers lewd and lascivious acts]
	667.5 (c) (7) No change [Continues to include felonies punishable by death or life imprisonment.]
	667.5 (c) (8) Continues to include felonies in which great bodily harm is inflicted, but now adds Section 12022.8, and continues to include felonies in which a firearm is used, but now adds subdivision (a) of Section 12022.3.  [Each of these new sections contains references back to various sex crimes.]
	667.5 (c) (9 - 10) No change [Continue to include robbery, and arson.]
	667.5 (c) (11) Adds the specific text "sexual penetration" per subdivision 289(a) and now also subdivision 289(j).  [289(a) covers sexual penetration by force or fear, 289(j) defines sexual penetration as a crime on the basis of age difference.]
	667.5 (c) (12 - 14) No change [Continue to include attempted murder, kidnapping and violations of Section 12308, 12309, or 12310.  12308 covers use of explosive devices to commit murder, 12309 covers use of explosive devices to cause injury, 12310 covers use of explosive devices to unintentionally cause death or injury.]
	667.5 (c) (15) Assault with the attempt to commit any of the felonies specified under Section 220, rather than just the current list of "mayhem, rape, sodomy, or oral copulation".  [220 is revised by this Initiative; see above.]
	667.5 (c) (16 - 17) No change [Continue to include carjacking and sexual abuse of a child, as defined in Section 288.5]
	667.5 (c) (18) Adds text to specifically mention rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.  [264.1 refers to 261, thereby adding specific coverage of rape, and 262, adding specific coverage of spousal rape.]
	667.5 (c) (19 - 23) No change [Continue to include extortion (5180), threats to victims or witnesses (136.1), burglaries of the first degree (460(a)), using a firearm in the commission of a crime (12022.3), use of a weapon of mass destruction to cause injury to people (11418(b)), and use of a weapon of mass destruction to cause injury to natural resources (11418(c)).]
	[Paragraphs 667.5(d) through 667.5(k) are unchanged.]
	Section 10
	Amends Section 667.51 of the Penal Code
	667.51 (a) Persons convicted of violating Section 288 and now also Section 288.5, "shall" receive a five-year sentence "enhancement" for each offense specified in (b).  The former limit, that no such increase would be applied if the defendant had served time more than 10 years ago, and had been free of prison custody and felony convictions during that 10 year period, is removed.  [288 covers lewd and lascivious acts, 288.5 covers child abuse.]
	667.51 (b) This list of offenses for which the 5 year enhancement of (a) must be applied, formerly being Sections 261, 264.1, 285, 286, 288, 288a, 288.5 and 289, now has 262 and 269 added.  [262 covers spousal rape, 269 covers acts which are criminal because of age difference.]
	667.51 (c) This removes a list of offenses, previously referenced by (d).
	667.51 (d) This becomes a new (c).  Persons convicted of violating Section 288 and now also Section 288.5, who have been previously convicted 2 or more times of offenses listed in (b) "shall" be punished by imprisonment for 15 years to life.  Some former limits for imposition of this sentence are removed.  [288 covers lewd and lascivious acts, 288.5 covers child abuse.  ]
	Section 11
	Amends Section 667.6 of the Penal Code
	667.6 (a) Removes a long list of offenses, indicated by references to other parts of this Code and replaces them with a single reference to (e) below, specifying that any person convicted of an offense on that list and also previously convicted of an offense on that list, "shall" receive a five year "enhancement" for each such offense.  Some former limits for imposition of this sentence are removed.
	667.6 (b) Rather than referring to the old long list, now refers to (e) and specifies that any person convicted of an offense on that list and who has served two or more prior terms (as defined in 667.5) for offenses on that list, "shall" receive a ten year "enhancement" for each such offense.  Some former limits for imposition of this sentence are removed.  [667.5 is amended by this initiative, see above.]
	667.6 (c) Instead of the term provided for in Section 1170.1, a "full, separate, and consecutive term may be imposed for each violation" in (e) "if the crimes involve the same victim on the same occasion".  [This replaces a shorter list of situations that were covered.  1170.1 covers the sentencing for consecutive terms when the conviction is for two or more felonies.]
	667.6 (d) A "full, separate, and consecutive term shall be imposed for each violation" in (e) "if the crimes involve separate victims or involve the same victim on separate occasions".
	667.6 (e) Adds a new subdivision, in which the list of offenses is provided:
	667.6 (e) (1) Rape, in violation of paragraphs 261(a)(2), 261(a)(3), 261(a)(6), or 261(a)(7).  [261(a)(2) covers rape by force or fear, 261(a)(3) covers rape where the person is prevented from resisting by use of any controlled substance, 261(a)(6) covers rape accomplished under threat of retaliation, and 261(a)(7) covers rape by threatening to use the authority of a public official.]
	667.6 (e) (2) Spousal rape, in violation of paragraphs 262(a)(1), 262(a)(4), or 262(a)(5).  [262(a)(1) covers spousal rape by force or fear, 262(a)(4) covers spousal rape accomplished under threat of retaliation, and 262(a)(5) covers spousal rape by threatening to use the authority of a public official.]
	667.6 (e) (3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.  [264.1 refers to 261, thereby adding specific coverage of rape, and 262, adding specific coverage of spousal rape.]
	667.6 (e) (4) Sodomy, in violation of subdivisions 286(d) or 286(k), or paragraphs 286(c)(2) or 286(c)(3).  [286(c)(2) covers sodomy by force or fear, 286(c)(3) covers sodomy accomplished under threat of retaliation, 286(d) covers sodomy in concert, and 286(k) covers sodomy by threatening to use the authority of a public official.]
	667.6 (e) (5) Lewd or lascivious acts, in violation of subdivision 288(b).
	667.6 (e) (6) Continuous sexual abuse of a child, in violation of Section 288.5.
	667.6 (e) (7) Oral copulation, in violation of subdivisions 288a(d) or 288a(k), or paragraphs 288a(c)(2) or 288(c)(3).  [288a(c)(2) covers sodomy by force or fear, 288a(c)(3) covers sodomy accomplished under threat of retaliation, 288a(d) covers sodomy in concert, and 288a(k) covers sodomy by threatening to use the authority of a public official.]
	667.6 (e) (8) Sexual penetration, in violation of subdivisions 289(a) or 289(g).  [289(a) covers sexual penetration by force or fear and 289(g) covers sexual penetration by threatening to use the authority of a public official.]
	667.6 (e) (9) "As a present offense under subdivision (c) or (d), assault with intent to commit a specified sexual offense, in violation of Section 220."  [220 is amended by this Initiative, see above.]
	667.6 (e) (10) "As a prior conviction under subdivision (a) or (d)), an offense committed in another jurisdiction that includes all of the elements of an offense specified in this subdivision."
	667.6 (f) Adds a new subdivision.  In addition to the imposed enhancement under (a) or (b), the court "may" also impose a fine not to exceed $20,000, to be deposited with the Victim-Witness Assistance Fund per Section 13837.  [13837 provides for "grants to proposed and existing child sexual exploitation and child sexual abuse victim counseling centers and prevention programs."]
	Section 12
	Amends Section 667.61 of the Penal Code
	667.61 (a) For a person convicted of an offense specified in the list under (c) below, given one or more of the circumstances specified in (d), or two or more of the circumstances specified in (e), shall be imprisoned for 25 years to life.  Removes mention of parole.  [The text "25 years' is added, as a minimum.]
	667.61 (b) Except as provided in (a), a person convicted of an offense specified in the list under (c) below, given one of the circumstances specified in (e), shall be imprisoned for 15 years to life.  Removes mention of parole.  [The text "15 years' is added, as a minimum.]
	667.61 (c) Modifies the existing list:
	667.61 (c) (1) Adds the text "Rape" to cover acts under paragraph 261(a)(2), and now includes paragraph 261(a)(6). [261(a)(2) covers rape by force or fear and 261(a)(6) covers rape accomplished under threat of retaliation.]
	667.61 (c) (2) Adds the text "Spousal Rape" to cover acts under paragraph 262(a)(1), and now includes paragraph 262(a)(4).  [262(a)(1) covers spousal rape by force or fear and 262(a)(4) covers spousal rape accomplished under threat of retaliation.]
	667.61 (c) (3) No significant change.  [Adds the text "Rape ... in concert", as covered under Section 264.1.]
	667.61 (c) (4) No significant change.  [Adds the text "Lewd or lascivious act", as covered under subdivision 288(b).]
	667.61 (c) (5) No significant change.  [Adds the text "Sexual Penetration" to cover acts under subdivision 289(a).]
	667.61 (c) (6) For sodomy, adds specific reference to subdivision 286(d) or paragraphs 286(c)(2) or 286(c)(3).  [286(c)(2) covers sodomy by force or fear, 286(c)(3) covers sodomy accomplished under threat of retaliation, and 286(d) covers sodomy in concert.]
	667.61 (c) (7) Adds oral copulation as a new item to the list, with specific reference to subdivision 288a(d) or paragraphs 288(c)(2) or 286(c)(3).  [288a(c)(2) covers oral copulation by force or fear, 288a(c)(3) covers oral copulation accomplished under threat of retaliation, and 288a(d) covers oral copulation in concert.]
	667.61 (c) (8) Adds another mention of "Lewd and lascivious acts" with a child, this time as covered under subdivision 288(a).
	667.61 (c) (9) Adds continuous sexual abuse of a child, as covered under Section 288.5.
	667.61 (d) Modifies the existing list of circumstances in some places:
	667.61 (d) (1) No change.  [A previous conviction for one of the offenses in (c).]
	667.61 (d) (2) No change.  [The defendant kidnapped the victim.]
	667.61 (d) (3) No change.  [The defendant inflicted aggravated mayhem or torture on the victim.]
	667.61 (d) (4) The offense was committed during a burglary of what is now required to be the first degree, as defined in subdivision 460(a), with the intent to commit one of the offenses of (c).
	667.61 (d) (5) The offense was committed in violation of 264.1, 286(d), or 288a(d), and during the commission of that offense, committed any of the acts described in (2), (3), or (4) above.[264.1 covers rape in concert, 286(d) covers sodomy in concert, and 288a(d) covers oral copulation in concert.]
	667.61 (e) Modifies the existing list of circumstances in some places:
	667.61 (e) (1) No change.  [Except as described under (d) (2), above, the defendant kidnapped the victim in violation of Sections 207, 209, or 209.5.  207 covers kidnapping, 209 covers kidnapping for ransom, 209.5 covers kidnapping during a carjacking.]
	667.61 (e) (2) Except as described under 667.61(d)(4) above, the defendant committed the offense during the commission of a burglary in violation of Section 459.  [459 defines burglary.]
	667.61 (e) (3) No change.  [The defendant inflicted great bodily harm.]
	667.61 (e) (4) No change.  [The defendant personally used a dangerous or deadly weapon or a firearm.]
	667.61 (e) (5) No change.  [The defendant has been convicted in the present case of committing any of the offenses of (c) against more than one person.]
	667.61 (e) (6) No change.  [The defendant tied or bound the victim.]
	667.61 (e) (7) The defendant administered a controlled substance to the victim.  Text requiring that this be done by force or fear is removed.
	667.61 (e) (8) The defendant committed the offense in violation of 264.1, 286(d), or 288a(d), and in the commission of that offense, committed any of the acts described in (1), (2), (3), (4), (6), or (7) above.  [264.1 covers rape in concert, 286(d) covers sodomy in concert, and 288a(d) covers oral copulation in concert.]
	667.61 (f) If only the minimum number of circumstances listed in (c) or (d), required for the punishment of (a) or (b) to apply, have been pled or proved, they alone must be used to determine the term to be imposed under (a) or (b), except that the greater of the two must be applied, and punishment under another provision of law may be imposed in addition.
	667.61 (g) Entirely replaces a current (g) and specifies that, contrary to Section 1385 [reference added] or any other provision of law, the court is not allowed to strike any of the circumstances specified in (d) or (e), new language in fact preventing the striking of "any allegation, admission, or finding of any of the circumstances".  [1385 grants the judge authority to dismiss a case for cause.]
	667.61 (h) Probation is denied for any person subject to punishment under this section.  [This used to apply only to category (c) offenses; it now applies to category (d) as well.]
	667.61 (i) The court is required, for any offense in paragraphs 1 to 7 of (c), to impose a consecutive sentence for each offense, if the crimes involve separate victims or the same victim on separate occasions, as defined in 667.6 (d).  [667.6 is revised by this initiative, see above.]
	667.61 (j) The penalties provided in this section shall apply only if a circumstance of subdivision (d) or (e) is part of the accusation and is either admitted by the defendant or found to be true by trial.  [Former subdivision (j), which allowed for reduction of the sentence, is stricken completely.]
	Section 13
	Amends Section 667.71 of the Penal Code
	[Changes to this section, covering habitual sexual offenders, fall into two categories.  One is a consolidation of a list of sexual offenses, in 667.71(c), very similar to what was done for 667.5(c.  Habitual sexual offenders are defined as persons previously convicted and now convicted again, of any of the crimes on the list.  The other category consists of significant revisions or additions, as follows:]
	667.71 (b) Habitual sexual offenders must be punished by imprisonment for 25 years to life.  Current language which allows for reduction of this sentence, is stricken completely.
	667.71 (d) [Added.]  Contrary to Section 1385, the court shall not strike any allegation, admission or finding of any prior conviction specified in (c).  [1385 grants the judge authority to dismiss a case for cause.]
	667.71 (e) [Added.]  Contrary to any other provision of law, probation shall not be granted or sentence suspended for any person subject to punishment under this section.
	667.71 (f) This section applies only if the defendant's status as a habitual sexual offender is alleged in the accusation, and has either been admitted by the defendant or found to be true by trial.
	Section 14
	Amends Section 1203.06 of the Penal Code
	1203.06 (a) Adds "Notwithstanding any other provision of law", to denial of probation for the list of persons below, as well as making illegal the striking of a finding under Section 1385.  The list of persons is:
	1203.06 (a) (1) Any person using a firearm during the commission or attempted commission of any of the following:
		(A) No change [Murder]
		(B) No change [Robbery, in violation of Section 211.]
		(C) Kidnapping, in violation of Section 207, and now adding 209 and 209.5.  [209 is modified by this initiative, see above, 209.5 covers carjacking.]
		(D) Changed to Lewd or Lascivious Acts, in violation of Section 288.  [Was kidnapping under 209.]
		(E) No change [First Degree Burglary, in violation of Section 460.]
		(F) Added text "Rape", formerly just for 261(a)(2), now for all of 261 and 262 and 264.1 as well.  Former exception under Section 1203.065 is removed entirely.  [261 covers rape, 262 covers spousal rape, 264.1 covers rape in concert.  1203.065 is revised by this initiative; see below.]
		(G) Assault to commit a specified sexual offense.  [Formerly covered only rape and sodomy]
		(H) No change [Escape]
		(I) No change [Carjacking]
		(J) Aggravated mayhem, now as defined in Section 205.
		(K) No change [Torture]
		(L) Changed entirely, to "Continual sexual abuse of a child, in violation of Section 288.5".  [Used to be kidnapping, which is now covered as part of (C)]
		(M) No change [A felony violation of Section 136.1 or 137 - each of these covers different aspects of witness tampering,]
		(N) Adds sodomy, as defined in 286.
		(O) Adds oral copulation, as defined in 288a
		(P) Adds sexual penetration, as defined in 289 or 264.1
		(Q) Adds aggravated sexual assault of a child, as defined in 269.
	1203.06 (a) (2) Any person previously convicted of a felony, now including all of (A) to (Q), or assault to commit murder, who is convicted of a felony and was armed during its commission or was unlawfully armed when arrested.
	1203.06 (a) (3) Aggravated arson as defined in 451.5
	1203.06 (b) (1)  No significant change.  [Changes seem to be entirely for the purpose of someone's idea of improved syntax.]
	1203.06 (b) (2)  Defines the term "used a firearm", adding the text "to use it in any manner that qualifies under Section 12022.5".  [12022.5 covers the use of a firearm in the commission of a felony.]
	1203.06 (b) (3)  Defines the term "armed with a firearm", adding the text "have available for use."
	Section 15
	Amends Section 1203.065 of the Penal Code
	1203.065 (a) Adds to the existing list of convictions for which probation may not be granted, those covered by paragraph 261(a)(6), all of 269, 286(c)(2) or 286(c)(3) or 286(d), 288a(c)(2) or 288a(c)(3) or 288a(d).  [ 261(a)(6) is rape by the use of a threat to retaliate in future, 269 is amended by this initiative, see above, 286(c)(2) i sodomy by the use of force or fear; 286(c)(3) is sodomy by the use of a threat to retaliate in future; 286(d) is sodomy in concert, 288a(c)(2) is oral copulation by use of force or fear; 288(c)(3) is oral copulation by use of a threat to retaliate in future; 288a(d) is oral copulation in concert]
	1203.065 (b) (1) Allowing for unusual cases where probation might be granted, adds subdivision 289 (g) to the existing list of convictions for which probation otherwise should not be granted,, and replaces the list formerly specified for Section 220 with the text " a specified sexual offense". [289(g) covers sexual penetration.]
	1203.065 (b) (2) No change [If probation is granted, the court must enter the circumstances for the record.]
	Section 16
	Amends Section 1203.075 of the Penal Code
	1203.075 (a) Adds to and modifies the list of crimes, during which great bodily injury is inflicted, as defined in Section 12022.7, for which probation cannot be granted.  Removes the condition that there must have been an intent to inflict the injury.  The list becomes:
	1203.075 (a) (1) No change [Murder]
	1203.075 (a) (2) No change [Robbery]
	1203.075 (a) (3) Kidnapping, adding Sections 209 and 209.5 to 207 [209 covers kidnapping for ransom, 209.5 covers kidnapping during a carjacking.]
	1203.075 (a) (4) Changed to Lewd or Lascivious Acts, per Section 288 [former 209 reference is moved to (3)]
	1203.075 (a) (5) No change [Burglary of the first degree, as defined in Section 460]
	1203.075 (a) (6) Rape, under Section 262, and now all of Section 261 rather than parts as previously, and 264.1 newly added.  [261 covers rape, 264.1 covers rape in concert.]
	1203.075 (a) (7) Assault with intent to commit a specified sexual offense under Section 220.  [220 is revised by this initiative.  Previously covered only rape or sodomy]
	1203.075 (a) (8) No change [Escape]
	1203.075 (a) (9) Sexual Penetration, now all of Section 289 rather than parts as previously, and 264.1 newly added.
	1203.075 (a) (10) No change [Sodomy]
	1203.075 (a) (11) No change [Oral Copulation]
	1203.075 (a) (12) No change [Carjacking]
	1203.075 (a) (13) Continuous sexual abuse of a child, per Section 288.5 [Was Kidnapping, now moved up to be (3)]
	1203.075 (a) (14) Aggravated sexual assault of a child, per Section 269.  [269 is extensively amended by this Initiative; see above.]
	Section 17
	Amends Section 3000 of the Penal Code
	3000 (a) (1 - 3) No change
	3000 (a) (4) The period of parole, for "a sexually violent predator", shall not begin until that person is "found to no longer be a sexually violent predator".
	3000 (b) Contrary to any provision of Article 3 [Article 3 empowers the Parole Board.]:
	3000 (b) (1) No change [For certain offenses, the parole period is set to 3 years.]
	3000 (b) (2) No change [For certain other offenses, the parole period is set to 3 or 5 years]
	3000 (b) (3) For offenses under 667.61 or 667.71, under which the defendant has received a life sentence, the parole period is increased from 5 years to 10.  Text that made the additional 5 years a decision of the parole board is removed.  [667.61 and 667.71 are significantly changed by this initiative.]
	3000 (b) (4) No change [The parole board shall consider requests of the inmate regarding his parole.]
	3000 (b) (5) No change [Requires the parolee to be released after the period of parole.  Some text is edited to allow setting off the following 3 conditions]
		(A) No change in meaning.  [Inmates assigned a parole period of 3 years may not be "retained" on parole longer than 4 years.]
		(B) No change in meaning.  [Inmates assigned a parole period of 5 years may not be "retained" on parole longer than 7 years.]
		(C) [Added.]  Inmates assigned a parole period of 10 years may not be "retained" on parole longer than 15 years.
	3000 (b) (6 - 9) No change.
	Section 18
	Adds Section 3000.07 of the Penal Code
	3000.07 (a) Every inmate who has been convicted for any felony violation of a "registerable sex offense" or any attempt to commit any of the above-mentioned offenses and who is committed to prison and released on parole per Section 3000 or 3000.1 shall be monitored by a global positioning system for the term of his or her parole.  [3000 is amended by this initiative, see above.  3000.1 covers murderers, on parole for life.]
	3000.07 (b) Each such inmate shall be required to pay for the costs associated with the monitoring by a global positioning system.  This can be waived upon a finding of an inability to pay.  No inmate shall be denied parole on the basis of his or her inability to pay for those monitoring costs.
	Section 19
	Amends Section 3001 of the Penal Code
	3001 (a - b) No change
	3001 (c) [Added.]  Provides for the discharge from parole of persons paroled per 3000(b)(3), specifying that a minimum 6 years of parole must have been served.  [3000(b)(3) is changed by this initiative, see above.]
	3001 (d - e) No change.
	Section 20
	Amends Section 3003 of the Penal Code
	[This very lengthy Section, dealing with the release location for parolees, is completely unchanged, except for the removal of 3003 (g), which allowed placing a parolee, under 288 or 288.5, within a quarter mile (1320 feet) of a public or private school including grades 1 through 8.  This is now covered by the amendment to 3003.5, below.]
	Section 21
	Amends Section 3003.5 of the Penal Code
	3003.5 (a) No change [Specifies that one parolee, for whom registration is required under Section 290, may not reside with another.]
	3003.5 (b) [Added.]  Contrary to any other provision of law, no such parolee may reside within 2000 feet of any public or private school, or "park where children regularly gather."
	3003.5 (c) Added.  "Municipal jurisdictions" are expressly authorized to further restrict the parolee's residency.
	Section 22
	Amends Section 3004 of the Penal Code
	3004 (a) No change [Grants the parole authority the right to require, under some circumstances, that the parolee agree to the use of electronic monitoring]
	3004 (b) [Added.]  Every inmate who has been convicted of any of the felony offenses described in 290(a)(2)(A), or attempting to commit any of them, who is committed to prison and paroled per Section 3000 or 3000.1 "shall be monitored by a global positioning system for life." []
	3004 (c) [Added.]  Each such inmate shall be required to pay for the costs associated with the monitoring by a global positioning system.  This can be waived upon a finding of an inability to pay.
	Section 23
	Amends Section 12022.75 of the Penal Code
	12022.75 (a) With the exception of items covered in (b), any person, who for the purpose of committing a felony, administers a controlled substance against the victim's will by force or fear, shall be liable to an additional punishment of 3 years.
	12022.75 (b) (1) Any person, who for the purpose of committing any offense listed in paragraph 2 following, administers a controlled substance to the victim shall be liable to an additional and consecutive punishment of 5 years.
	12022.75 (b) (2) The above applies to any of the following offenses:
		(A) Rape, per 261(a)(3) and 261(a)(4).
		(B) Sodomy, per 286(f) or 286(i).
		(C) Oral Copulation, per 288a(f) or 288a(i).
		(D) Sexual penetration, per 289(d) or 289(e)
		(E) Any offense specified in 667.61 (c).
	Section 24
	Amends Section 6600 of the Welfare and Institutions Code
	[This is a very lengthy Section, amended in just a few places.  These are:]
	6600 (a) (1) Defines "sexually violent predator" as a person who has been convicted of a sexually violent offense against one or more persons.  [Used to be two or more persons.]
	6600 (a) (2) To the list of items to be considered convictions for sexually violent offenses, as applied to sexually violent predators, adds:
		(H) A prior conviction for an offense described in subdivision (b) [below] for which the person was committed to the Department of the Youth Authority pursuant to Section 1731.5. []
		(I) A prior conviction for an offense described in subdivision (b) that resulted in an indeterminate prison sentence.
	6600 (b)  Defines "sexually violent offense", when committed by force, violence, etc. and now also including "threatening to retaliate in the future against the victim or any other person", as a increased list of offenses: from the Penal Code, all of Section 261 [where before it was only 261(a)(2)], all of Section 262 [where before it was only 262(a)(1)], all of 269, all of 286, all of 288 [where before it was only 288(a)], and 288(b), all of 288a, all of 288.5, and all of 289 [where before it was only 289(a)], and also adding the text "or any felony violation of Section 207, 209, or 220 of the Penal Code, committed with the intent to commit a violation of Section 261, 262, 264.1, 286, 288, 288a or 289 of the Penal Code.".  [261 covers rape, 262 covers spousal rape, 269 covers aggravated sexual assault of a child, 286 covers sodomy, 288 covers lewd acts with a child, 288a covers oral copulation, 288.5 covers child abuse and 289 covers sexual penetration.  207 is kidnapping, 209 is kidnapping for ransom, 220 addresses burglary in the first degree.]
	Section 25
	Amends Section 6600.1 of the Welfare and Institutions Code
	6600.1 If the victim of any of the offenses specified in 6600 is under the age of 14, the offense qualifies as a "sexually violent offense".  [Used to require that the acts involve "substantial sexual conduct".  This used to be a subsection (a).  There was also a subsection (b) which defined "substantial sexual conduct" in a limited way.  This is removed.]
	Section 26
	Amends Section 6601 [there is a typo, 6001, in the 7/29 version] of the Welfare and Institutions Code
	[This is a very lengthy Section, amended in only one place.  This is:]
	6601 (k) If a person is subject to parole, a finding under this article will apply against the term of parole, where previously it did not.
	Section 27
	Amends Section 6604  of the Welfare and Institutions Code
	6604 The court or jury shall determine if a person is a sexually violent predator.  If found to be so, the person may be committed to the custody of the State Department of Mental Health, in a secure facility designated by the Director of Mental Health, for an indeterminate term.  [formerly, 2 years.  Text making two years the maximum holding period, unless more time is specifically petitioned for, is removed.]   The secure facility must be on the grounds of an institution under the jurisdiction of the Department of Corrections.
	Section 28
	Amends Section 6604.1  of the Welfare and Institutions Code
	6604.1 (a) Re starting the term of commitment, the length mentioned is changed from 2 years to indeterminate, to match the change made to 6604.
	6604.1 (b) Regarding  evaluation, the rights etc. specified in 6603 shall apply to all commitment proceedings, rather than just to "extended" ones, as was previously the case.
	Section 29
	Amends Section 6605  of the Welfare and Institutions Code
	6605 (a) A person committed as a sexually violent predator and committed to the custody of the State Department of Mental Health shall have an examination of his mental health made at least once every year.  The report will consider whether the person currently meets the definition of a sexually violent predator, and whether some form of release should be considered.  The report must be professionally prepared and be in the form of a declaration.  A copy must go to the original prosecutor and to the person..  The person may hire, or if indigent, have hired for him, a qualified expert to do an examination.
	6605 (b) If the Department of Mental Health determines that either (1) the person's condition has changed to no longer meet the definition of a sexually violent predator, or (2) conditional release to a less restrictive alternative is in the best interest of the person and conditions can be imposed that adequately protect the community, the director shall authorize the person to petition for release.  This petition shall be filed with the original court and prosecutor.  The court will order a show cause hearing. contributed to by the medical director, the prosecuting attorney and the committed person  [Previously, the requirement was to give the person annual written notice of his right to petition for release.]
	6605 (c) No change [If the show cause hearing indicates that the committed person has changed so as not to be a danger to the community, the court shall set a hearing on the issue.]
	6605 (d) No change [At the hearing, the committed person has the right to be present, and entitled to all constitutional protections.  A jury trial can be requested, by either the person or the prosecutor, and experts can be called to testify.  The burden of proof is on the state to show that the person continues to be a danger.]
	6605 (e) If the court or jury rules against the person, he may be recommitted again, for an indeterminate period [previously was 2 years].  If the court or jury rules for the person, he shall be unconditionally released and discharged.
	6605 (f) No change.  [The State Department of Mental Health may take the initiative, if it believes the person is not in fact a sexually violent predator, to seek review of the person's commitment per Section 7250, for possible discharge.]
	Section 30
	Amends Section 6608  of the Welfare and Institutions Code
	[This is a lengthy Section, amended in only one place.  This is:]
	6608 (a) [First sentence] Nothing in this article shall prohibit the person who has been committed as a sexually violent predator from petitioning the court for conditional release or an unconditional discharge without the recommendation or concurrence of the Director of Mental Health.  [The original text was "...petitioning the court for conditional release and subsequent unconditional discharge .."
	Section 31
	Intent Clause
	[Declares intent of Initiative, "to strengthen and improve the laws that punish and control sexual offenders."  Also, should a provision of this initiative conflict with any other provision of law, that provides for a greater penalty, the greater penalty shall apply.]
	Section 32
	Severability Clause
	[If a provision or part of this Initiative is held invalid or unconstitutional, the rest shall continue in full force.]
	Section 33
	Amendment Clause
	[The provisions of this Initiative may be amended only by a two thirds roll-call vote of the Legislature, or by a statute passed by the voters.  The Legislature may amend the provisions if by so doing it expands the scope of application or increases the punishments or penalties.]
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