California Penal Code

§ 1109

PEN § 1109 Effective Jan 1, 2022Title 7 · Part 2 · Ch. 2

Statute text

(a)If requested by the defense, a case in which a gang enhancement is charged under subdivision (b) or (d) of Section 186.22 shall be tried in separate phases as follows:

(1)The question of the defendant’s guilt of the underlying offense shall be first determined.

(2)If the defendant is found guilty of the underlying offense and there is an allegation of an enhancement under subdivision (b) or (d) of Section 186.22, there shall be further proceedings to the trier of fact on the question of the truth of the enhancement. Allegations that the underlying offense was committed for the benefit of, at the direction of, or in association with, a criminal street gang and that the underlying offense was committed with the specific intent to promote, further, or assist in criminal conduct by gang members shall be proved by direct or circumstantial evidence.

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Legislative history

Added by Stats. 2021, Ch. 699, Sec. 5. (AB 333) Effective January 1, 2022.