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California Law (Last Updated: March 4, 2014) |
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Penal Code - PEN |
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Part 3. OF IMPRISONMENT AND THE DEATH PENALTY |
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Title 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS |
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Chapter 7. Execution of Sentences of Imprisonment |
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ARTICLE 2.5. Credit on Term of Imprisonment |
Section 2933.5.
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(a) (1) Notwithstanding any other law, every person who is convicted of any felony offense listed in paragraph (2), and who previously has been convicted two or more times, on charges separately brought and tried, and who previously has served two or more separate prior prison terms, as defined in subdivision (g) of Section 667.5, of any offense or offenses listed in paragraph (2), shall be ineligible to earn credit on his or her term of imprisonment pursuant to this article.
(2) As used in this subdivision, "felony offense" includes any of the following:
(A) Murder, as defined in Sections 187 and 189.
(B) Voluntary manslaughter, as defined in subdivision (a) of Section 192.
(C) Mayhem as defined in Section 203.
(D) Aggravated mayhem, as defined in Section 205.
(E) Kidnapping, as defined in Section 207, 209, or 209.5.
(F) Assault with vitriol, corrosive acid, or caustic chemical of any nature, as described in Section 244.
(G) Rape, as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.
(H) Sodomy by means of force, violence, duress, menace or fear of immediate and unlawful bodily injury on the victim or another person, as described in subdivision (c) of Section 286.
(I) Sodomy while voluntarily acting in concert, as described in subdivision (d) of Section 286.
(J) Lewd or lascivious acts on a child under the age of 14 years, as described in subdivision (b) of Section 288.
(K) Oral copulation by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, as described in subdivision (c) of Section 288a.
(L) Continuous sexual abuse of a child, as described in Section 288.5.
(M) Sexual penetration, as described in subdivision (a) of Section 289.
(N) Exploding a destructive device or explosive with intent to injure, as described in Section 18740, with intent to murder, as described in Section 18745, or resulting in great bodily injury or mayhem, as described in Section 18750.
(O) Any felony in which the defendant personally inflicted great bodily injury, as provided in Section 12022.53 or 12022.7.
(b) A prior conviction of an offense listed in subdivision (a) shall include a conviction in another jurisdiction for an offense which includes all of the elements of the particular felony as defined under California law.
(c) This section shall apply whenever the present felony is committed on or after the effective date of this section, regardless of the date of commission of the prior offense or offenses resulting in credit-earning ineligibility.
(d) This section shall be in addition to, and shall not preclude the imposition of, any applicable sentence enhancement terms, or probation ineligibility and habitual offender provisions authorized under any other section.