California Penal Code. California

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СКАЧАТЬ Except as provided in paragraph (4), any person who violates this subdivision in the commission of a felony punishable by imprisonment in the state prison for life shall not be paroled until a minimum of 15 calendar years have been served.

      (c) If the court grants probation or suspends the execution of sentence imposed upon the defendant for a violation of subdivision (a), or in cases involving a true finding of the enhancement enumerated in subdivision (b), the court shall require that the defendant serve a minimum of 180 days in a county jail as a condition thereof.

      (d) Any person who is convicted of a public offense punishable as a felony or a misdemeanor, which is committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall be punished by imprisonment in a county jail not to exceed one year, or by imprisonment in a state prison for one, two, or three years, provided that any person sentenced to imprisonment in the county jail shall be imprisoned for a period not to exceed one year, but not less than 180 days, and shall not be eligible for release upon completion of sentence, parole, or any other basis, until he or she has served 180 days. If the court grants probation or suspends the execution of sentence imposed upon the defendant, it shall require as a condition thereof that the defendant serve 180 days in a county jail.

      (e) As used in this chapter, “pattern of criminal gang activity” means the commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of two or more of the following offenses, provided at least one of these offenses occurred after the effective date of this chapter and the last of those offenses occurred within three years after a prior offense, and the offenses were committed on separate occasions, or by two or more persons:

      (1) Assault with a deadly weapon or by means of force likely to produce great bodily injury, as defined in Section 245.

      (2) Robbery, as defined in Chapter 4 (commencing with Section 211) of Title 8 of Part 1.

      (3) Unlawful homicide or manslaughter, as defined in Chapter 1 (commencing with Section 187) of Title 8 of Part 1.

      (4) The sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled substances as defined in Sections 11054, 11055, 11056, 11057, and 11058 of the Health and Safety Code.

      (5) Shooting at an inhabited dwelling or occupied motor vehicle, as defined in Section 246.

      (6) Discharging or permitting the discharge of a firearm from a motor vehicle, as defined in subdivisions (a) and (b) of Section 12034 until January 1, 2012, and, on or after that date, subdivisions (a) and (b) of Section 26100.

      (7) Arson, as defined in Chapter 1 (commencing with Section 450) of Title 13.

      (8) The intimidation of witnesses and victims, as defined in Section 136.1.

      (9) Grand theft, as defined in subdivision (a) or (c) of Section 487.

      (10) Grand theft of any firearm, vehicle, trailer, or vessel.

      (11) Burglary, as defined in Section 459.

      (12) Rape, as defined in Section 261.

      (13) Looting, as defined in Section 463.

      (14) Money laundering, as defined in Section 186.10.

      (15) Kidnapping, as defined in Section 207.

      (16) Mayhem, as defined in Section 203.

      (17) Aggravated mayhem, as defined in Section 205.

      (18) Torture, as defined in Section 206.

      (19) Felony extortion, as defined in Sections 518 and 520.

      (20) Felony vandalism, as defined in paragraph (1) of subdivision (b) of Section 594.

      (21) Carjacking, as defined in Section 215.

      (22) The sale, delivery, or transfer of a firearm, as defined in Section 12072 until January 1, 2012, and, on or after that date, Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6.

      (23) Possession of a pistol, revolver, or other firearm capable of being concealed upon the person in violation of paragraph (1) of subdivision (a) of Section 12101 until January 1, 2012, and, on or after that date, Section 29610.

      (24) Threats to commit crimes resulting in death or great bodily injury, as defined in Section 422.

      (25) Theft and unlawful taking or driving of a vehicle, as defined in Section 10851 of the Vehicle Code.

      (26) Felony theft of an access card or account information, as defined in Section 484e.

      (27) Counterfeiting, designing, using, or attempting to use an access card, as defined in Section 484f.

      (28) Felony fraudulent use of an access card or account information, as defined in Section 484g.

      (29) Unlawful use of personal identifying information to obtain credit, goods, services, or medical information, as defined in Section 530.5.

      (30) Wrongfully obtaining Department of Motor Vehicles documentation, as defined in Section 529.7.

      (31) Prohibited possession of a firearm in violation of Section 12021 until January 1, 2012, and on or after that date, Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.

      (32) Carrying a concealed firearm in violation of Section 12025 until January 1, 2012, and, on or after that date, Section 25400.

      (33) Carrying a loaded firearm in violation of Section 12031 until January 1, 2012, and, on or after that date, Section 25850.

      (f) As used in this chapter, “criminal street gang” means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in paragraphs (1) to (25), inclusive, or (31) to (33), inclusive, of subdivision (e), having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.

      (g) Notwithstanding any other law, the court may strike the additional punishment for the enhancements provided in this section or refuse to impose the minimum jail sentence for misdemeanors in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition.

      (h) Notwithstanding any other provision of law, for each person committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities for a conviction pursuant to subdivision (a) or (b) of this section, the offense shall be deemed one for which the state shall pay the rate of 100 percent of the per capita institutional cost of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, pursuant to Section 912.5 of the Welfare and Institutions Code.

      (i) In order to secure a conviction or sustain a juvenile petition, pursuant to subdivision (a) it is not necessary for the prosecution to prove that the person devotes all, or a substantial part, of his or her time or efforts to the criminal street gang, nor is it necessary to prove that the person is a member of the criminal street gang. СКАЧАТЬ