If a person commits any felony after March 7, 1994 and:

If the person has one previous "violent" or "serious" felony conviction (which includes burglary of an unoccupied dwelling), he or she is sentenced to twice the term prescribed by law for each new felony (and must serve at least 80% of the sentence).

If the person has two previous violent or serious felony convictions, he or she is sentenced to a life sentence with the possibility of parole. The minimum term of the life sentence is calculated as the greater of the following: 

a. Three times the term otherwise provided 

b. 25 years 

c. The term determined by the court pursuant to other applicable sentencing provisions of existing law.

The definitions for "violent" and "serious" felonies differs based on whether the "current" conviction was committed prior to March 8, 2000 (when Proposition 21 went into affect). 

Other mandatory provisions of 3-Strikes include:

A person previously convicted of a violent or serious felony, who is convicted of one or more new felonies, may not be granted probation by the court.

A person sentenced under 3-Strikes may not be committed to any facility other than prison.

A person sentenced under 3-Strikes may only receive sentence credits limited to a maximum of 20% of the total sentence.

For the purpose of determining prior felony convictions under 3-Strikes, a juvenile adjudication of a 16-year-old or 17-year-old who was found fit for juvenile court must be counted as a prior felony conviction.

3-Strikes prohibits plea bargaining.

3-Strikes eliminates any washout period, requiring that any prior serious or violent felony conviction be used regardless of how old it is.

Under 3-Strikes, the prosecuting attorney must plead and prove each prior felony conviction.

3-Strikes may only be amended by a 2/3 vote of the legislature.

Requested Amendments to California's Three Strikes Law

Families to Amend California's Three Strikes requests the following amendments to
California's "Three Strikes" Law which is defined under Sections 667 and 1170.12 of the California Penal Code.

· All felonies, both prior and current, defined under the Three Strikes law shall be
for violent felonies only as defined under subdivision (c) of Section 667.5.

· Only violent felonies committed on or after March 7, 1994 (the enactment of the
3-strikes law) shall constitute violent felonies under the law.

· There shall be a ten year "wash-out" such that prior violent felonies have been 

(1) committed within the prior ten years of the current violent felony or 

(2) the release from confinement for commission of the crime was within the prior ten years of the current violent felony.

· The court shall have greater discretion to impose sentences consecutively or
concurrently with other prior sentences or current felony counts.

· A prior juvenile adjudication shall not constitute a prior violent felony.

· The prosecutor and the court shall have the discretion to count multiple counts
during one action as a single strike.

· Discretion shall be given to allow for some of the sentence to be served at
rehabilitation facilities.

In addition we request specific provisions that state the amended law is applicable
retroactively to persons previously sentenced under the law and that the legislature need only amend the law in the future by a majority vote.

Click here to read pdf text indicating how the 3-strikes law should be amended to accomplish the above goals (italics are words added and strike-through are words deleted).