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| convicted of a new serious felony. The enhancement may not be dismissed by the court even if the prosecutor moves the court to dismiss it. | |||
| The shrinking of the serious felony list will greatly reduce the cases in which the prosecution may allege the 5 year enhancement of Section 667(a)(1), because the six crimes that are eliminated from the serious felony list would no longer be useable either as the triggering crime or the prior serious felony. Since residential burglary as a serious felony is the most frequently-used serious felony in this 5 year enhancement, the elimination of residential burglary from the serious felony list will greatly reduce the usefulness of the 5 year serious felony prior conviction enhancement. | |||
| (3) Elimination of Drunk Driving with Great Bodily Injury as a Serious or Violent Felony. | |||
| In order for drunk driving to be a serious or violent felony under current law, the prosecution does not have to prove that the defendant intended to produce the great bodily injury. It is sufficient for the prosecution to prove that the defendant intended to drive the vehicle while under the influence. By adding the requirement that the prosecution allege and prove that the defendant intended to produce the great bodily injury that resulted from the drunk driving, the initiative will eliminate virtually every charge of drunk driving producing great bodily injury as a serious or violent felony. | |||
| Eliminating drunk driving with great bodily injury as a serious or violent felony will not only prevent this crime from triggering "Three Strikes" punishments, it will greatly increase the conduct credits which the defendant may earn while in prison. As a violent felony, a. conviction of drunk driving with great bodily injury restricts the defendant's prison credits to no more than 15%. By making proof of the defendant's intent to cause the great bodily injury an element of the serious and violent felony list, a defendant convicted of drunk ' driving causing great bodily injury and sentenced to state prison will be entitled to 50% conduct credits. Thus, these defendants will serve far less prison time than they serve under existing law. | |||
| (4) The Release From State Prison of Tens of Thousands of "Strike" Convicts. | |||
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