HB 2504

Generally, present law requires a court to sentence a defendant to life imprisonment without possibility of parole if the court finds beyond a reasonable doubt that the defendant is a repeat violent offender . A defendant is generally considered a repeat violent offender on a three-strike system when the defendant is convicted of a third violent offense after two prior violent offense convictions. However, certain violent offenses require only one prior con viction before the defendant is sentenced as a repeat violent offender. In determining the appropriate sentence for a defendant, this bill requires the sentencing court to determine whether the defendant is required to be sentenced as a repeat violent offender under this bill or present law. If the defendant is required to be sentenced as a repeat violent offender under only one such statute, then the court must sentence the defendant pursuant to the statute that requires sentencing as a repeat violen t offender. If the defendant is required to be sentenced as a repeat violen t offender under both statutes, then the defendant must be sentenced pursuant to present law. This bill generally defines a " r epeat violent offender"" as a defendant who is convicted of a violent offense, which occurred on or after July 1, 2026, and the combination of the strikes allocated pursuant to this bill for the violent offense and the defendant's prior convictions equals three or more strikes . H owever, at least two of the strikes must be for offenses listed under the heading ""ONE STRIKE OFFENSES"" below. PRIOR CONVICTIONS Present law defines a ""p rior conviction "" as a defendant who serves and is released from a period of incarceration for the commission of an offense or offenses . This bill defines a "" p rior conviction"" as a defendant who was convicted of a violent offense that occurred on or after July 1, 2026, but before the violent offense for which the defendant is to be sentenced . H owever, a defendant who was convicted of multiple violent offenses based on conduct that occurred contemporaneously, occurred at the same location, and represented a single continuous criminal episode with a single criminal intent must only be considered to have a prior conviction for the offense tha t would result in the highest point allocation pursuant to this bill. This bill d oes not include a finding or adjudication that the defendant committed an act as a juvenile that is designated as a violent offense if committed by an adult as a prior conviction, unless the defendant was tried as an adult in criminal court, or similar statutes of other states or jurisdictions, and was convicted of the violent offense in a criminal court and sentenced as an adult . This bill includes convictions under the laws of any other state, government, or country that, if committed in this state, would have constituted a violent offense as a prior conviction . If a felony from another jurisdiction is not a named violent offense and if the elements of the felony are the same as a violent offense, then the offense is considered a prior conviction . ONE-HALF AND ONE-QUARTER STRIKE OFFENSES In determining the number of strikes applicable to a defendant for purposes of sentencing, this bill requires the court to consider whether the defendant has had a three-year period of time with no criminal convictions. For each three-year period of time with no criminal convictions, the court must deduct one-half strike from the defendant's total number of strikes accumulated for certain offenses, listed below as one-half strike offenses and one-quarter strike offenses. One-Half Strike Offenses O n or after July 1, 2026, this bill provides that t he following offenses are considered violent offenses when committed, each of which results in the defendant receiving one-half strike and may be used in the strike deduction process outlined above :  Except if the offense involved the use of a firearm from within a motor vehicle, an i ntentional or knowing aggravated assault that i nvolved the use or display of a deadly weapon or a reckless assault that i nvolved the use or display of a deadly weapon.  A n intentional or knowing a ggravated assault that involved strangulation or attempted strangulation .  Aggravated assault, if the offense resulted in serious bodily injury to or the death of another .  Aggravated assault against a first responde r or nurse if the offense involved the use of a deadly weapon .  A ggravated assault against a first responder or nurse that r esult ed in serious bodily injury, death, or i nvolved strangulation or attempted strangulation .  Voluntary manslaughter .  Criminally negligent homicide .  Vehicular homicide, when the proximate cause of the reckless killing was (i) the driver's c onduct creating a substantial risk of death or serious bodily injury to a person; (ii) drag racing; or (iii) t he driver's conduct in a posted construction zone where the person killed was an employee of the department of transportation or a highway construction worker.  Reckless homicide .  Involuntary labor servitude .  Trafficking persons for forced labor or services .  Aggravated burglar y.  The manufacture, delivery, or sale of a controlled substance, where the instant offense is classified as a Class A, B, or C felony and the person has two or more prior convictions for the manufacture, delivery, or sale of such controlled substance s prior to or at the time of committing the instant offense .  Possessing or using a firearm or antique firearm during commission of or attempt to commit a dangerous felony .  Driving under the influence with six prior convictions . One-Quarter Strike Offenses On or after July 1, 2026, this bill provides the following offenses are considered violent offenses when committed, each of which results in the defendant receiving one-quarter strike and may be used in the strike deduction process outlined above :  Any other felony offense .  Facilitation, criminal attempt, solicitation, or conspiracy when the offense is a misdemeanor offense and committed in order to commit one of the offenses listed below that count as one strike. ONE STRIKE OFFENSES This bill requires t he court to sentence a defendant who has been convicted of a violent offense that occurred on or after July 1, 2026, and that, in combination with prior convictions for violent offenses, results in the defendant having three or more strikes, at least two of which are for offenses listed below, to imprisonment for life if the court finds beyond a reasonable doubt that the defendant is a repeat violent offender. On or after July 1, 2026, this bill provides the following offenses are considered violent offenses when committed, each of which results in the defendant receiving one strike:  Female genital mutilation .  Domestic assault, when the offense is a felony offense .  Grave torture, if the defendant was a juvenile at the time of the offense and was convicted in criminal court and sentenced as an adult .  Second degree murder .  Vehicular homicide, when the proximate cause of the reckless killing was alcohol or drug intoxication or both.  Aggravated vehicular homicide .  Aggravated kidnapping .  Especially aggravated kidnapping .  Trafficking for a commercial sex act .  Advertising commercial sexual abuse of a minor .  Aggravated human trafficking .  Aggravated robbery .  Especially aggravated robbery .  Carjacking .  Aggravated rape .  Rape .  Aggravated sexual battery .  Sexual battery .  Aggravated statutory rape when the victim is at least 13 but less than 18 and the defendant is at least 10 years older than the victim.  Aggravated rape of a child, if the defendant was a juvenile at the time of the offense and was convicted in criminal court and sentenced as an adult .  Especially aggravated rape, if the defendant was a juvenile at the time of the offense and was convicted in criminal court and sentenced as an adult .  Especially aggravated rape of a child, if the defendant was a juvenile at the time of the offense and was convicted in criminal court and sentenced as an adult.  Indecent exposure, when the offense is a felony offense .  Patronizing prostitution from a person who is younger than 18, has an intellectual disability, or is a law enforcement officer posing as a minor .  Promoting prostitution .  Public indecency, when the offense is a felony offense .  Continuous sexual abuse of a child .  Rape of a child .  Sexual battery by an authority figure .  Solicitation of a minor, when the offense is a felony offense .  Soliciting sexual exploitation of a minor or exploitation of a minor by electronic means .  Statutory rape by an authority figure .  Promoting travel for prostitution .  Unlawful photographing in violation of privacy, when the offense is a felony offense .  Observation without consent, when the offense is a felony offense .  Especially aggravated burglary .  Aggravated arson .  Incest .  Child abuse or child neglect or endangerment, when the offense is a felony offense .  Aggravated child abuse or aggravated child endangerment or neglect .  Using a minor to produce, import, prepare, distribute, process, or appear in obscene material with knowledge that the minor is under 18, or while in possession of the facts that the person should reasonably know that th e minor is under 18 .  Unlawful sale, distribution, or transportation with intent to sell or distribute a child-like sex doll .  Sexual exploitation of a minor .  Aggravated sexual exploitation of a minor .  Especially aggravated sexual exploitation of a minor .  W hen f acilitation, criminal attempt, solicitation, or conspiracy is a felony offense and was committed in order to commit any of the one-strike offenses above or first degree murder. APPEALS This bill provides that t he finding that a defendant is or is not a repeat violent offender is appealable by either party."