1203.09. (a) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person who commits or attempts to commit one or more of the crimes listed in subdivision (b) against a person who is 60 years of age or older; or against a person who is blind, a paraplegic, a quadriplegic, or a person confined to a wheelchair and that disability is known or reasonably should be known to the person committing the crime; and who during the course of the offense inflicts great bodily injury upon the person.
(b) Subdivision (a) applies to the following crimes:
(1) Murder.
(2) Robbery, in violation of Section 211.
(3) Kidnapping, in violation of Section 207.
(4) Kidnapping, in violation of Section 209.
(5) Burglary of the first degree, as defined in Section 460.
(6) Rape by force or violence, in violation of paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of former Section 262.
(7) Assault with intent to commit rape or sodomy, in violation of Section 220.
(8) Carjacking, in violation of Section 215.
(9) Kidnapping, in violation of Section 209.5.
(c) The existence of any fact that would make a person ineligible for probation under either subdivision (a) or (f) shall be alleged in the information or indictment, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury.
(d) As used in this section, “great bodily injury” has the same meaning as defined in Section 12022.7.
(e) This section shall apply in all cases, including those cases where the infliction of great bodily injury is an element of the offense.
(f) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person convicted of having committed one or more of the following crimes against a person who is 60 years of age or older: assault with a deadly weapon or instrument, battery that results in physical injury that requires professional medical treatment, carjacking, robbery, or mayhem.
(Amended by Stats. 2021, Ch. 626, Sec. 51. (AB 1171) Effective January 1, 2022.)
Structure California Code