SECTIONS 29900-29905 - California Statutes

PENAL CODE

SECTION 29900-29905

29900. (a) (1) Notwithstanding subdivision (a) of Section 29800,
any person who has been previously convicted of any of the offenses
listed in Section 29905 and who owns or has in possession or under
custody or control any firearm is guilty of a felony.
(2) A dismissal of an accusatory pleading pursuant to Section
1203.4a involving an offense set forth in Section 29905 does not
affect the finding of a previous conviction.
(3) If probation is granted, or if the imposition or execution of
sentence is suspended, it shall be a condition of the probation or
suspension that the defendant serve at least six months in a county
jail.
(b) (1) Any person previously convicted of any of the offenses
listed in Section 29905 which conviction results from certification
by the juvenile court for prosecution as an adult in adult court
under the provisions of Section 707 of the Welfare and Institutions
Code, who owns or has in possession or under custody or control any
firearm, is guilty of a felony.
(2) If probation is granted, or if the imposition or execution of
sentence is suspended, it shall be a condition of the probation or
suspension that the defendant serve at least six months in a county
jail.
(c) The court shall apply the minimum sentence as specified in
subdivisions (a) and (b) except in unusual cases where the interests
of justice would best be served by granting probation or suspending
the imposition or execution of sentence without the imprisonment
required by subdivisions (a) and (b), or by granting probation or
suspending the imposition or execution of sentence with conditions
other than those set forth in subdivisions (a) and (b), in which case
the court shall specify on the record and shall enter on the minutes
the circumstances indicating that the interests of justice would
best be served by the disposition.

29905. (a) As used in this chapter, a violent offense includes any
of the following:
(1) Murder or voluntary manslaughter.
(2) Mayhem.
(3) Rape.
(4) Sodomy by force, violence, duress, menace, or threat of great
bodily harm.
(5) Oral copulation by force, violence, duress, menace, or threat
of great bodily harm.
(6) Lewd acts on a child under the age of 14 years.
(7) Any felony punishable by death or imprisonment in the state
prison for life.
(8) Any other felony in which the defendant inflicts great bodily
injury on any person, other than an accomplice, that has been charged
and proven, or any felony in which the defendant uses a firearm
which use has been charged and proven.
(9) Attempted murder.
(10) Assault with intent to commit rape or robbery.
(11) Assault with a deadly weapon or instrument on a peace
officer.
(12) Assault by a life prisoner on a noninmate.
(13) Assault with a deadly weapon by an inmate.
(14) Arson.
(15) Exploding a destructive device or any explosive with intent
to injure.
(16) Exploding a destructive device or any explosive causing great
bodily injury.
(17) Exploding a destructive device or any explosive with intent
to murder.
(18) Robbery.
(19) Kidnapping.
(20) Taking of a hostage by an inmate of a state prison.
(21) Attempt to commit a felony punishable by death or
imprisonment in the state prison for life.
(22) Any felony in which the defendant personally used a dangerous
or deadly weapon.
(23) Escape from a state prison by use of force or violence.
(24) Assault with a deadly weapon or force likely to produce great
bodily injury.
(25) Any felony violation of Section 186.22.
(26) Any offense enumerated in subdivision (a), (b), or (d) of
Section 23515.
(27) Carjacking.
(28) Any offense enumerated in subdivision (c) of Section 23515 if
the person has two or more convictions for violating paragraph (2)
of subdivision (a) of Section 417.
(b) As used in this chapter, a violent offense also includes any
attempt to commit a crime listed in subdivision (a) other than an
assault.