Section 1203.09 Of Chapter 1. The Judgment From California Penal Code >> Title 8. >> Part 2. >> Chapter 1.
1203.09
. (a) Notwithstanding any other law, probation shall not be
granted to, nor shall the execution or imposition of sentence be
suspended for, any person who commits or attempts to commit one or
more of the crimes listed in subdivision (b) against a person who is
60 years of age or older; or against a person who is blind, a
paraplegic, a quadriplegic, or a person confined to a wheelchair and
that disability is known or reasonably should be known to the person
committing the crime; and who during the course of the offense
inflicts great bodily injury upon the person.
(b) Subdivision (a) applies to the following crimes:
(1) Murder.
(2) Robbery, in violation of Section 211.
(3) Kidnapping, in violation of Section 207.
(4) Kidnapping, in violation of Section 209.
(5) Burglary of the first degree, as defined in Section 460.
(6) Rape by force or violence, in violation of paragraph (2) or
(6) of subdivision (a) of Section 261 or paragraph (1) or (4) of
subdivision (a) of Section 262.
(7) Assault with intent to commit rape or sodomy, in violation of
Section 220.
(8) Carjacking, in violation of Section 215.
(9) Kidnapping, in violation of Section 209.5.
(c) The existence of any fact which would make a person ineligible
for probation under either subdivision (a) or (f) shall be alleged
in the information or indictment, and either admitted by the
defendant in open court, or found to be true by the jury trying the
issue of guilt or by the court where guilt is established by plea of
guilty or nolo contendere or by trial by the court sitting without a
jury.
(d) As used in this section "great bodily injury" means "great
bodily injury" as defined in Section 12022.7.
(e) This section shall apply in all cases, including those cases
where the infliction of great bodily injury is an element of the
offense.
(f) Except in unusual cases where the interests of justice would
best be served if the person is granted probation, probation shall
not be granted to, nor shall the execution or imposition of sentence
be suspended for, any person convicted of having committed one or
more of the following crimes against a person who is 60 years of age
or older: assault with a deadly weapon or instrument, battery which
results in physical injury which requires professional medical
treatment, carjacking, robbery, or mayhem.