An act to amend Section 12022.53 of the Penal Code, relating to sentencing.

The people of the State of California do enact as follows:


SECTION 1.
This act shall be known and may be cited as the Charles Emmanuel Briggs Memorial Act of 2016.
SEC. 2.
Section 12022.53 of the Penal Code is amended to read:
12022.53.
(a) This section applies to the following felonies:
(1) Section 187 (murder).
(2) Section 203 or 205 (mayhem).
(3) Section 207, 209, or 209.5 (kidnapping).
(4) Section 211 (robbery).
(5) Section 215 (carjacking).
(6) Section 220 (assault with intent to commit a specified felony).
(7) Subdivision (d) of Section 245 (assault with a firearm on a peace officer or firefighter).
(8) Section 261 or 262 (rape).
(9) Section 264.1 (rape or sexual penetration in concert).
(10) Section 286 (sodomy).
(11) Section 288 or 288.5 (lewd act on a child).
(12) Section 288a (oral copulation).
(13) Section 289 (sexual penetration).
(14) Section 4500 (assault by a life prisoner).
(15) Section 4501 (assault by a prisoner).
(16) Section 4503 (holding a hostage by a prisoner).
(17) Any felony punishable by death or imprisonment in the state prison for life.
(18) Any attempt to commit a crime listed in this subdivision other than an assault.
(b) Notwithstanding any other
provision of
law,
any
a
person who, in the commission of a felony specified in subdivision (a), personally uses a
firearm,
firearm or crossbow
shall be punished by an additional and consecutive term of imprisonment in the state prison for 10 years. The firearm
or crossbow
need not be operable or loaded for this enhancement to apply.
(c) Notwithstanding any other
provision of
law, any person who, in the commission of a felony specified in subdivision (a), personally and intentionally discharges a
firearm,
firearm or crossbow
shall be punished by an additional and consecutive term of imprisonment in the state prison for 20 years.
(d) Notwithstanding any other
provision of
law, any person who, in the commission of a felony specified in subdivision (a), Section 246, or subdivision (c) or (d) of Section 26100, personally and intentionally discharges a firearm
or crossbow
and proximately causes great bodily injury, as defined in Section 12022.7, or death, to any person other than an accomplice, shall be punished by an additional and consecutive term of imprisonment in the state prison for 25 years to life.
(e) (1) The enhancements provided in this section shall apply to any person who is a principal in the commission of an offense if both of the following are pled and proved:
(A) The person violated subdivision (b) of Section 186.22.
(B) Any principal in the offense committed any act specified in subdivision (b), (c), or (d).
(2) An enhancement for participation in a criminal street gang pursuant to Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1 shall not be imposed on a person in addition to an enhancement imposed pursuant to this subdivision, unless the person personally used or personally discharged a firearm
or crossbow
in the commission of the offense.
(f) Only one additional term of imprisonment under this section shall be imposed per person for each crime. If more than one enhancement per person is found true under this section, the court shall impose upon that person the enhancement that provides the longest term of imprisonment. An enhancement involving a firearm specified in Section 12021.5, 12022, 12022.3, 12022.4, 12022.5, or 12022.55 shall not be imposed on a person in addition to an enhancement imposed pursuant to this section. An enhancement for great bodily injury as defined in Section 12022.7, 12022.8, or 12022.9 shall not be imposed on a person in addition to an enhancement imposed pursuant to subdivision (d).
(g) Notwithstanding any other
provision of
law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any person found to come within the provisions of this section.
(h) Notwithstanding Section 1385 or any other
provision of
law, the court shall not strike an allegation under this section or a finding bringing a person within the provisions of this section.
(i) The total amount of credits awarded pursuant to Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 or pursuant to Section 4019 or any other provision of law shall not exceed 15 percent of the total term of imprisonment imposed on a defendant upon whom a sentence is imposed pursuant to this section.
(j) For the penalties in this section to apply, the existence of any fact required under subdivision (b), (c), or (d) shall be alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact.
When
If
an enhancement specified in this section has been admitted or found to be true, the court shall impose punishment for that enhancement pursuant to this section rather than imposing punishment authorized under any other
provision of
law, unless another enhancement provides for a greater penalty or a longer term of imprisonment.
(k)
When
If
a person is found to have used or discharged a firearm
or crossbow
in the commission of an offense that includes an allegation pursuant to this section and the firearm
or crossbow
is owned by that person, a coparticipant, or a coconspirator, the court shall order that the firearm
or crossbow
be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005.
(l) The enhancements specified in this section
shall
do
not apply to the lawful use or discharge of a firearm
or crossbow
by a public officer, as provided in Section 196, or by any person in lawful self-defense, lawful defense of another, or lawful defense of property, as provided in Sections 197, 198, and 198.5.
(m) For the purposes of this section, “crossbow” means any device that is designed to fire a bolt or arrow projectile by releasing a string or wire held at tension, including, but not limited to, crossbows, compound bows, and long bows.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Summary: Existing law provides for specified enhancements for the use or discharge of a firearm, or discharge of a firearm that causes serious bodily injury or death, in connection with certain offenses, as specified.
This bill would also make those enhancements applicable if the weapon used or discharged is a crossbow. By expanding the scope of an enhancement, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.