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Cal. Pen. Code § 1109 : CALIFORNIA PENAL CODE — OF CRIMINAL PROCEDURE — OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT — THE TRIAL — Gang enhancement may be tried in separate phases
(a) If requested by the defense, a case in which a gang enhancement is charged under subdivision (b) or (d) of Section
186.22 shall be tried in separate phases as follows:
(1) The question of the defendant's guilt of the underlying offense shall be first determined.
(2) If the defendant is found guilty of the underlying offense and there is an allegation of an enhancement under subdivision (b) or (d) of Section
186.22, there shall be further proceedings to the trier of fact on the question of the truth of the enhancement. Allegations that the underlying offense was committed for the benefit of, at the direction of, or in association with, a criminal street gang and that the underlying offense was committed with the specific intent to promote, further, or assist in criminal conduct by gang members shall be proved by direct or circumstantial evidence.
(b) If a defendant is charged with a violation of subdivision (a) of Section
186.22, this count shall be tried separately from all other counts that do not otherwise require gang evidence as an element of the crime. This charge may be tried in the same proceeding with an allegation of an enhancement under subdivision (b) or (d) of Section
186.22.
Ca. Pen. Code § 1109
Added by Stats 2021 ch 699 (AB 333),s 5, eff. 1/1/2022.
