What is the effect of section 12022.1, subdivision (b) of the California Criminal Code Code when a defendant is arrested for a secondary offence that was alleged to have been committed while he was out of custody on a primary charge?

California, United States of America


The following excerpt is from People v. Banks, B260181, B266129 (Cal. App. 2016):

Section 12022.1 is the so-called "on-bail enhancement." Section 12022.1, subdivision (b), provides: "Any person arrested for a secondary offense that was alleged to have been committed while that person was released from custody on a primary offense shall be subject to a penalty enhancement of an additional two years, which shall be served consecutive to any other term imposed by the court." The trial court here imposed a two-year on-bail enhancement for each current conviction. This was error because a single primary offense does not support multiple on-bail enhancements, one for each secondary offense; rather, a single primary offense supports only a single on-bail enhancement for all of the secondary offenses committed while the defendant was out of custody on that primary offense. (See People v. Augborne (2002) 104 Cal.App.4th 362, 377 ["Enhancements which describe the nature of the offender such as those pursuant to section 12022.1 are imposed only once in a particular case."]; People v. Mackabee (1989) 214 Cal.App.3d 1250, 1262 ["a single primary offense would not support two section 12022.1 enhancements - one for each of two secondary offenses"]; People v. Nguyen (1988) 204 Cal.App.3d 181, 196 ["Imposition of crime-bail-crime enhancements does not depend on the number of offenses charged in the information. Like a prior conviction, it may be added only once to the defendant's sentence."].)

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