Section 422.75 Of Chapter 2. Crimes And Penalties From California Penal Code >> Title 11.6. >> Part 1. >> Chapter 2.
422.75
. (a) Except in the case of a person punished under Section
422.7, a person who commits a felony that is a hate crime or attempts
to commit a felony that is a hate crime, shall receive an additional
term of one, two, or three years in the state prison, at the court's
discretion.
(b) Except in the case of a person punished under Section 422.7 or
subdivision (a) of this section, any person who commits a felony
that is a hate crime, or attempts to commit a felony that is a hate
crime, and who voluntarily acted in concert with another person,
either personally or by aiding and abetting another person, shall
receive an additional two, three, or four years in the state prison,
at the court's discretion.
(c) For the purpose of imposing an additional term under
subdivision (a) or (b), it shall be a factor in aggravation that the
defendant personally used a firearm in the commission of the offense.
Nothing in this subdivision shall preclude a court from also
imposing a sentence enhancement pursuant to Section 12022.5,
12022.53, or 12022.55, or any other law.
(d) A person who is punished pursuant to this section also shall
receive an additional term of one year in the state prison for each
prior felony conviction on charges brought and tried separately in
which it was found by the trier of fact or admitted by the defendant
that the crime was a hate crime. This additional term shall only
apply where a sentence enhancement is not imposed pursuant to Section
667 or 667.5.
(e) Any additional term authorized by this section shall not be
imposed unless the allegation is charged in the accusatory pleading
and admitted by the defendant or found to be true by the trier of
fact.
(f) Any additional term imposed pursuant to this section shall be
in addition to any other punishment provided by law.
(g) Notwithstanding any other provision of law, the court may
strike any additional term imposed by this section if the court
determines that there are mitigating circumstances and states on the
record the reasons for striking the additional punishment.