667.9
Effective Jan 1, 2022Amended by Stats. 2021, Ch. 626, Sec. 34. (AB 1171) Effective January 1, 2022.
- (a) A person who commits one or more of the crimes specified in subdivision (c) against a person who is 65 years of age or older, or against a person who is blind, deaf, developmentally disabled, a paraplegic, or a quadriplegic, or against a person who is under 14 years of age, and that disability or condition is known or reasonably should be known to the person committing the crime, shall receive a one-year enhancement for each violation.
- (b) A person who commits a violation of subdivision (a) and who has a prior conviction for any of the offenses specified in subdivision (c), shall receive a two-year enhancement for each violation in addition to the sentence provided under Section 667.
(c) Subdivisions (a) and (b) apply to the following crimes:
- (1) Mayhem, in violation of Section 203 or 205.
- (2) Kidnapping, in violation of Section 207, 209, or 209.5.
- (3) Robbery, in violation of Section 211.
- (4) Carjacking, in violation of Section 215.
- (5) Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261.
- (6) Rape, in violation of paragraph (1) or (4) of subdivision (a) of former Section 262.
- (7) Rape or sexual penetration in concert, in violation of Section 264.1.
- (8) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286.
- (9) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 287 or of former Section 288a.
- (10) Sexual penetration, in violation of subdivision (a) of Section 289.
- (11) Burglary of the first degree, as defined in Section 460, in violation of Section 459.
(d) As used in this section, “developmentally disabled” means a severe, chronic disability of a person, which is all of the following:
- (1) Attributable to a mental or physical impairment or a combination of mental and physical impairments.
- (2) Likely to continue indefinitely.
(3) Results in substantial functional limitation in three or more of the following areas of life activity:
- (A) Self-care.
- (B) Receptive and expressive language.
- (C) Learning.
- (D) Mobility.
- (E) Self-direction.
- (F) Capacity for independent living.
- (G) Economic self-sufficiency.