AB 302

Under current law, if a person commits a crime while possessing, using, or

threatening to use a dangerous weapon, the maximum term of imprisonment

prescribed by law for that crime is increased by up to six months if the crime is a

misdemeanor, by up to four years if the crime is a felony with a maximum term of

imprisonment between two and five years, by up to five years if the crime is a felony

with a maximum term of imprisonment of more than five years or a life term, and

by up to three years for a felony not specified above. Under this bill, a person is

subject to a penalty enhancer if the person, while armed with a handgun and on the

premises of a gas station, commits intentional homicide, first-degree reckless

homicide, felony murder, certain batteries, taking hostages, kidnapping, certain

crimes of damage to property, burglary, carjacking, or robbery if the property taken

is at least $100. If the person commits one of those crimes and the crime is a felony,

the maximum term of imprisonment is increased by five years, and if the crime is a

misdemeanor, the maximum term of imprisonment is increased by three months.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.