California Penal Code

§ 190.05

PEN § 190.05Title 8 · Part 1 · Ch. 1

Statute text

(a)The penalty for a defendant found guilty of murder in the second degree, who has served a prior prison term for murder in the first or second degree, shall be confinement in the state prison for a term of life without the possibility of parole or confinement in the state prison for a term of 15 years to life. For purposes of this section, a prior prison term for murder of the first or second degree is that time period in which a defendant has spent actually incarcerated for his or her offense prior to release on parole.

(b)A prior prison term for murder for purposes of this section includes either of the following:

(1)A prison term served in any state prison or federal penal institution, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of confinement, as punishment for the commission of an offense which includes all of the elements of murder in the first or second degree as defined under California law.

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Legislative history

Added by Stats. 1985, Ch. 1510, Sec. 1.