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Penal Code Section 12022.7

San Francisco DUI cases where the District Attorney has chareged this enhancement are among the the most serious. This enhancement is not charged by the California Highway Patrol Officer or local police officer making the felony DUI injury arrest. The Great Bodily Injury (GBI) enhancement is charged by the prosecutor reviewing the police reports and making the ultimate charging decisions.

The crux of the Penal Code Section 12022.7 Great Bodily Injury enhancement is that it adds an additional State Prison sentence of three (3) years for each person other than the driver who suffers a significant or substantial injury in addition to the sentence for the driving under the influence causing injury. If a person other than the driver is placed in a comatose condition due to a brain injury or suffers paralysis as a consequence of five (5) years. As well, children under five and those over seventy are covered by this statute which is reprinted below.

Penal Code Section 12022.7 provides:

(a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years.

(b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to become comatose due to brain injury or to suffer paralysis of a permanent nature, shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, “paralysis” means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism.

(c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.

(d) Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years.

(e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years. As used in this subdivision, “domestic violence” has the meaning provided in subdivision (b) of Section 13700.

(f) As used in this section, “great bodily injury” means a significant or substantial physical injury.

(g) This section shall not apply to murder or manslaughter or a violation of Section 451 or 452. Subdivisions (a), (b), (c), and (d) shall not apply if infliction of great bodily injury is an element of the offense.

(h) The court shall impose the additional terms of imprisonment under either subdivision (a), (b), (c), or (d), but may not impose more than one of those terms for the same offense. [Amended by Stats. 2002, Ch. 126, Sec. 6. Effective January 1, 2003. Repealed as of January 1, 2012, by Stats. 2010, Ch. 711. See later operative version in Title 2 as added by Ch. 711]

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