Assembly Bill 327 (AB 327)

Assembly Bill 327 (AB 327) – The Fix for Unfairness in California’s Three Strikes Law

California’s Three Strikes law is often criticized for its “one size fits all” approach in sentencing a defendant with two or more prior strike convictions. Strikes include, but are not limited to, such offenses as assault with a deadly weapon or with force likely to produce great bodily injury (P.C. § 245(a)(1)), treason, murder, mayhem, vehicular manslaughter with gross negligence or while intoxicated, torture, kidnapping with bodily harm, carjacking, train wrecking, rape, selling drugs to a minor, arson, gang crimes, most sex crimes and criminal threats (P.C. § 422, as of Prop 21 in 1999).

No where was this epitomized better than when a “two striker” stole a single piece of pizza and received life in prison under the law. Indeed, California’s Three Strikes sentencing law, found in Penal Code § 667(b) to (j) and § 1170.12, and the case law interpreting it, have held that “petty theft with a prior” conviction under Penal Code § 666 is a felony subject to sentencing under the Three Strikes law.

If defendant has two or more prior convictions that qualify as strikes, defendant must receive an indeterminate life sentence to state prison, which means a minimum term of 25 years.

It merits mention that many juvenile convictions (called adjudications) also qualify for strikes (most commonly if under Welfare and Institutions Code § 707(b)) and subject the defendant to sentencing under the Three Strikes law. Also, convictions from outside California, including juvenile convictions, also qualify as strikes if the crime would be a strike under California law.

While this sentencing scheme may fit for certain career criminals who truly are a public danger, it is also unduly harsh, some say, for others, like the pizza bandit.

Assembly Bill 327 (AB 327) seeks to correct this “one size fits all” issue. The bill provides that a defendant who has two or more serious or violent felony convictions (strikes) would receive the indeterminate life sentence only if the defendant’s current conviction is for a specified serious or violent felony. The pizza thief would be spared a life sentence.

AB 327, however, is not the law yet. It will become effective only if submitted to and approved by the voters of California. As written right now, AB 327 envisions being presented to voters at the November 4, 2014 statewide general election.

Between now and then, it is anticipated that the debate will increase as to whether AB 327 is fair to victims of the prior offenses and whether it only serves to enable career criminals.

AB 327 does not affect the sentencing enhancements for a second conviction, i.e. when a defendant has one strike and is convicted of a second strike offense. In such a case, the sentence is doubled if there are no other sentencing enhancements in effect. This part of the Three Strikes law would remain unaffected.

This short article was written by Greg Hill of Greg Hill & Associates in Torrance, California. Greg Hill & Associates defends those accused of all crimes, both in state and federal court. A large majority of the cases we handle involve DUI, domestic violence, violation of protective orders and drugs, however, we have broad experience defending those accused of other strike offenses as well. Greg Hill is a former Marine Officer. He is a U.S. Naval Academy graduate (B.S., 1987), Boston University graduate (M.B.A., 1994) and Loyola Law School graduate (J.D., 1998). Visit the firm’s website at www.greghillassociates.com or the firm’s Facebook page.