(a)Notwithstanding Section 2933.1 or any other law, any person who is convicted of murder, as defined in Section 187, shall not accrue any credit, as specified in Section 2933 or Section 2933.05.
(b)The limitation provided in subdivision (a) shall apply whether the defendant is sentenced under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2 or sentenced under some other law.
(c)Notwithstanding Section 4019 or any other provision of law, no credit pursuant to Section 4019 may be earned against a period of confinement in, or commitment to, a county jail, industrial farm, or road camp, or a city jail, industrial farm, or road camp, following arrest
for any person specified in subdivision (a).
(d)This section shall only apply to murder that is committed on or after the date on which this section becomes operative.
Notes of Decisions
Cited in
6
cases (
2 in the last 5 years), 2002–2022 · leading case:
People v. Wheeler, 129 Cal. Rptr. 2d 916 (Cal. Ct. App. 2003).
People v. Wheeler, 129 Cal. Rptr. 2d 916 (Cal. Ct. App. 2003).
· cites it 4× “(Pen. Code, § 2933.2.) In the published portion of our opinion, we will hold that Penal Code section 2933.”
People v. Flores, 176 Cal. App. 4th 1171 (Cal. Ct. App. 2009).
“The court relied on Penal Code section 2933.2, subdivision (c), which denies good conduct presentence credits to a person convicted of murder.”
People v. McNamee, 2002 Cal. Daily Op. Serv. 1378 (Cal. Ct. App. 2002).
“Defendant’s only contention on appeal is that the court improperly failed to award him presentence conduct credits pursuant to Penal Code section 4019 on the ground that, because he was convicted of murder, Penal Code section 2933.2, subdivision (c) made him ineligible for such…”
David Patkins v. K. Holland, 691 F. App'x 494 (9th Cir. 2017).
“See Cal. Penal Code § 2933.2 . Therefore, success on his habeas claim would not necessarily lead to Pat-kins’s immediate or earlier release from confinement and the district court correctly concluded that it lacked habeas jurisdiction.”
People v. Ramirez CA2/2 (Cal. Ct. App. 2021).
“(Pen. Code, § 2933.2, subd. (a).) Defendant was entitled to credit for all actual days of presentence confinement.”
People v. Martinez CA4/1 (Cal. Ct. App. 2022).
“(Pen. Code, § 2933.2, subd. (a) [“any person who is convicted of murder, as defined in [Penal Code s]ection 187, shall not accrue any credit, as specified in [Penal Code s]ection[s] 2933 or .”
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