Section 667.16 Of Title 16. General Provisions From California Penal Code >> Title 16. >> Part 1.
667.16
. (a) Any person convicted of a felony violation of Section
470, 487, or 532 as part of a plan or scheme to defraud an owner of a
residential or nonresidential structure, including a mobilehome or
manufactured home, in connection with the offer or performance of
repairs to the structure for damage caused by a natural disaster,
shall receive a one-year enhancement in addition and consecutive to
the penalty prescribed. The additional term 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.
(b) This enhancement applies to natural disasters for which a
state of emergency is proclaimed by the Governor pursuant to Section
8625 of the Government Code or for which an emergency or major
disaster is declared by the President of the United States.
(c) Notwithstanding any other law, the court may strike the
additional term provided in subdivision (a) if the court determines
that there are mitigating circumstances and states on the record the
reasons for striking the additional punishment.