(a)

1. (1) Notwithstanding any other law, in sentencing a person convicted of committing or of attempting to commit one or more of the offenses listed in subdivision (b) against a person who is a passenger, operator, driver, or other occupant of any public transit vehicle whether the offense or attempt is committed within the vehicle or directed at the vehicle, the court shall require that the person serve some period of confinement. If probation is granted, it shall be a condition of probation that the person shall be confined in the county jail for some period of time. If the time spent in jail prior to arraignment is less than 24 hours, it shall not be considered to satisfy the requirement that some period of confinement be imposed.
2. (2) As used in this subdivision, “public transit vehicle” means a motor vehicle, streetcar, trackless trolley, bus, shuttle, light rail system, rapid transit system, subway, train, taxicab, or jitney that transports members of the public for hire.

(b) Subdivision (a) applies to the following crimes:

1. (1) Murder.
2. (2) A violation of Section 241, 241.3, 241.4, 244, 245, 245.2, or 246.
3. (3) Robbery, in violation of Section 211.
4. (4) Kidnapping, in violation of Section 207.
5. (5) Kidnapping, in violation of Section 209.
6. (6) Battery, in violation of Section 243, 243.1, or 243.3.
7. (7) Rape, in violation of Section 261, 264, or 264.1, or former Section 262.
8. (8) Assault with intent to commit rape or sodomy, in violation of Section 220.
9. (9) Any other offense in which the defendant inflicts great bodily injury on a person other than an accomplice. As used in this paragraph, “great bodily injury” has the same meaning as defined in Section 12022.7.
10. (10) Grand theft, in violation of subdivision (1) of Section 487.
11. (11) Throwing of a hard substance or shooting a missile at a transit vehicle, in violation of Section 219.2.
12. (12) Unlawfully causing a fire, in violation of Section 452.
13. (13) Drawing, exhibiting, or using a firearm or deadly weapon, in violation of Section 417.
14. (14) A violation of Section 214.
15. (15) A violation of Section 215.
16. (16) Kidnapping, in violation of Section 209.5.

(d)

1. (1) The existence of any fact that would make a person ineligible for probation under subdivisions (a) and (c) shall be alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by a plea of guilty or nolo contendere or by a trial by the court sitting without a jury.

   A finding bringing the defendant within this section shall not be stricken pursuant to Section 1385 or any law.

2. (2) This subdivision does not prohibit the adjournment of criminal proceedings pursuant to Division 3 (commencing with Section 3000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code.