Current through the 2024 Legislative Session.
Section 12022.6 - [Multiple versions]Sentencing enhancement for property damage(a) When any person takes, damages, or destroys any property in the commission or attempted commission of a felony, or commits a felony violation of Section 496, the court shall impose a term in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, as follows: (1) If the loss or property value exceeds fifty thousand dollars ($50,000), the court shall impose an additional term of one year. (2) If the loss or property value exceeds two hundred thousand dollars ($200,000), the court shall impose an additional term of two years. (3) If the loss or property value exceeds one million dollars ($1,000,000), the court shall impose an additional term of three years. (4) If the loss or property value exceeds three million dollars ($3,000,000), the court shall impose an additional term of four years. (5) For every additional loss or property value of three million dollars ($3,000,000), the court shall impose a term of one year in addition to the term specified in paragraph (4). (b) In any accusatory pleading involving multiple charges of taking, damage, or destruction, or multiple violations of Section 496, the additional terms provided in this section may be imposed if the aggregate losses to the victims or aggregate property values from all felonies exceed the amounts specified in this section and arise from a common scheme or plan. All pleadings under this section shall remain subject to the rules of joinder and severance stated in Section 954. (c) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. (d) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022.65. Added November 5, 2024, by initiative Proposition 36, Sec. 4. Effective on 5th day after final Statement of Vote is filed by Secretary of State.