Cal. Pen. Code § 12022.53 : CALIFORNIA PENAL CODE — PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS — SENTENCE ENHANCEMENTS — Personal use of firearm during commission of specified felonies
(a) This section applies to the following felonies:
(1) Section
187 (murder).
(2) Section
203 or
205 (mayhem).
(3) Section
207,
209, or
209.5 (kidnapping).
(4) Section
211 (robbery).
(5) Section
215 (carjacking).
(6) Section
220 (assault with intent to commit a specified felony).
(7) Subdivision (d) of Section
245 (assault with a firearm on a peace officer or firefighter).
(8) Section
261 or former Section
262 (rape).
(9) Section
264.1 (rape or sexual penetration in concert).
(10) Section
286 (sodomy).
(11) Section
287 or former Section
288a (oral copulation).
(12) Section
288 or
288.5 (lewd act on a child).
(13) Section
289 (sexual penetration).
(14) Section
4500 (assault by a life prisoner).
(15) Section
4501 (assault by a prisoner).
(16) Section
4503 (holding a hostage by a prisoner).
(17) Any felony punishable by death or imprisonment in the state prison for life.
(18) Any attempt to commit a crime listed in this subdivision other than an assault.
(b) Notwithstanding any other law, a person who, in the commission of a felony specified in subdivision (a), personally uses a firearm, shall be punished by an additional and consecutive term of imprisonment in the state prison for 10 years. The firearm need not be operable or loaded for this enhancement to apply.
(c) Notwithstanding any other law, a person who, in the commission of a felony specified in subdivision (a), personally and intentionally discharges a firearm, shall be punished by an additional and consecutive term of imprisonment in the state prison for 20 years.
(d) Notwithstanding any other law, a person who, in the commission of a felony specified in subdivision (a), Section
246, or subdivision (c) or (d) of Section
26100, personally and intentionally discharges a firearm and proximately causes great bodily injury, as defined in Section
12022.7, or death, to a person other than an accomplice, shall be punished by an additional and consecutive term of imprisonment in the state prison for 25 years to life.
(e)(1) The enhancements provided in this section shall apply to any person who is a principal in the commission of an offense if both of the following are pled and proved:
(A) The person violated subdivision (b) of Section
186.22.
(B) Any principal in the offense committed any act specified in subdivision (b), (c), or (d).
(2) An enhancement for participation in a criminal street gang pursuant to Chapter 11 (commencing with Section
186.20) of Title 7 of Part 1 shall not be imposed on a person in addition to an enhancement imposed pursuant to this subdivision, unless the person personally used or personally discharged a firearm in the commission of the offense.
(f) Only one additional term of imprisonment under this section shall be imposed per person for each crime. If more than one enhancement per person is found true under this section, the court shall impose upon that person the enhancement that provides the longest term of imprisonment. An enhancement involving a firearm specified in Section
12021.5,
12022,
12022.3,
12022.4,
12022.5, or
12022.55 shall not be imposed on a person in addition to an enhancement imposed pursuant to this section. An enhancement for great bodily injury as defined in Section
12022.7,
12022.8, or
12022.9 shall not be imposed on a person in addition to an enhancement imposed pursuant to subdivision (d).
(g) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person found to come within the provisions of this section.
(h) The court may, in the interest of justice pursuant to Section
1385 and at the time of sentencing, strike or dismiss an enhancement otherwise required to be imposed by this section. The authority provided by this subdivision applies to any resentencing that may occur pursuant to any other law.
(i) The total amount of credits awarded pursuant to Article 2.5 (commencing with Section
2930) of Chapter 7 of Title 1 of Part 3 or pursuant to Section
4019 or any other law shall not exceed 15 percent of the total term of imprisonment imposed on a defendant upon whom a sentence is imposed pursuant to this section.
(j) For the penalties in this section to apply, the existence of any fact required under subdivision (b), (c), or (d) shall be alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. When an enhancement specified in this section has been admitted or found to be true, the court shall impose punishment for that enhancement pursuant to this section rather than imposing punishment authorized under any other law, unless another enhancement provides for a greater penalty or a longer term of imprisonment.
(k) When a person is found to have used or discharged a firearm in the commission of an offense that includes an allegation pursuant to this section and the firearm is owned by that person, a coparticipant, or a coconspirator, the court shall order that the firearm be deemed a nuisance and disposed of in the manner provided in Sections
18000 and
18005.
(l) The enhancements specified in this section shall not apply to the lawful use or discharge of a firearm by a public officer, as provided in Section
196, or by any person in lawful self-defense, lawful defense of another, or lawful defense of property, as provided in Sections
197,
198, and
198.5.
Ca. Pen. Code § 12022.53
Amended by Stats 2021 ch 626 (AB 1171),s 65, eff. 1/1/2022.
Amended by Stats 2018 ch 423 (SB 1494),s 114, eff. 1/1/2019.
Amended by Stats 2017 ch 682 (SB 620),s 2, eff. 1/1/2018.
Added by Stats 2010 ch 711 (SB 1080),s 5, eff. 1/1/2011, op. 1/1/2012.