Pen. Code, § 1203.06 · Chapter 1. The Judgment
Pen. Code, § 1203.06
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, nor shall a finding bringing the defendant within this section be stricken pursuant to Section 1385 for, any of the following persons:
(1) A person who personally used a firearm during the commission or attempted commission of any of the following crimes:
(A) Murder.
(B) Robbery, in violation of Section 211.
(C) Kidnapping, in violation of Section 207, 209, or 209.5.
(D) Lewd or lascivious act, in violation of Section 288.
(E) Burglary of the first degree, as defined in Section 460.
(F) Rape, in violation of Section 261, 264.1, or former Section 262.
(G) Assault with intent to commit a specified sexual offense, in violation of Section 220.
(H) Escape, in violation of Section 4530 or 4532.
(I) Carjacking, in violation of Section 215.
(J) Aggravated mayhem, in violation of Section 205.
(K) Torture, in violation of Section 206.
(L) Continuous sexual abuse of a child, in violation of Section 288.5.
(M) A felony violation of Section 136.1 or 137.
(N) Sodomy, in violation of Section 286.
(O) Oral copulation, in violation of Section 287 or former Section 288a.
(P) Sexual penetration, in violation of Section 289 or 264.1.
(Q) Aggravated sexual assault of a child, in violation of Section 269.
(2) A person previously convicted of a felony specified in paragraph (1), or assault with intent to commit murder under former Section 217, who is convicted of a subsequent felony and who was personally armed with a firearm at any time during its commission or attempted commission or was unlawfully armed with a firearm at the time of arrest for the subsequent felony.
(3) Aggravated arson, in violation of Section 451.5.
(b) The existence of any fact that would make a person ineligible for probation under subdivision (a) shall be alleged in the accusatory pleading, and either admitted by the defendant in open court or found to be true by the trier of fact.
(c) For purposes of this section, the following definitions apply:
(1) “Armed with a firearm” means to knowingly carry or have available for use a firearm as a means of offense or defense.
(2) “Used a firearm” means to display a firearm in a menacing manner, to intentionally fire it, to intentionally strike or hit a human being with it, or to use it in any manner that qualifies under Section 12022.5.
Notes and commentary — not statutory text
History
Amended by Stats. 2021, Ch. 626, Sec. 46. (AB 1171) Effective January 1, 2022.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=1203.06.
- Text hash
- sha256 04ed460e33d66704d8152822d2cf62217b34b35beaa44ba1d7ca5fd4ae5369f4
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Penal Code
- Pen. Code, § 136.1Printed as Section 136.1 or 137
- Pen. Code, § 137Printed as Section 136.1 or 137
- Pen. Code, § 205Printed as Section 205
- Pen. Code, § 206Printed as Section 206
- Pen. Code, § 207Printed as Section 207, 209, or 209.5
- Pen. Code, § 209Printed as Section 207, 209, or 209.5
- Pen. Code, § 209.5Printed as Section 207, 209, or 209.5
- Pen. Code, § 211Printed as Section 211
- Pen. Code, § 215Printed as Section 215
- Pen. Code, § 220Printed as Section 220
- Pen. Code, § 261Printed as Section 261, 264.1
- Pen. Code, § 264.1Printed as Section 261, 264.1 | Section 289 or 264.1
- Pen. Code, § 269Printed as Section 269
- Pen. Code, § 286Printed as Section 286
- Pen. Code, § 287Printed as Section 287
- Pen. Code, § 288Printed as Section 288
- Pen. Code, § 288.5Printed as Section 288.5
- Pen. Code, § 289Printed as Section 289 or 264.1
- Pen. Code, § 451.5Printed as Section 451.5
- Pen. Code, § 460Printed as Section 460
- Pen. Code, § 1385Printed as Section 1385
- Pen. Code, § 4530Printed as Section 4530 or 4532
- Pen. Code, § 4532Printed as Section 4530 or 4532
- Pen. Code, § 12022.5Printed as Section 12022.5
Cited by 2 provisions
Provisions in this library whose text cites Pen. Code, § 1203.06. Each shows the citation as that text prints it.
Welfare and Institutions Code
California Rules of Court
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.