Pen. Code, § 1203.07 · Chapter 1. The Judgment
Pen. Code, § 1203.07
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Notwithstanding Section 1203 and except as provided in subdivision (c), probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, either of the following:
(1) A person who is convicted of violating Section 11380 of the Health and Safety Code by using, soliciting, inducing, encouraging, or intimidating a minor to act as an agent to manufacture, compound, or sell a controlled substance specified in subdivision (d) of Section 11054 of the Health and Safety Code, except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d), or specified in subdivision (d), (e), or (f) of Section 11055 of the Health and Safety Code, except paragraph (3) of subdivision (e) and subparagraphs (A) and (B) of paragraph (2) of subdivision (f) of Section 11055 of the Health and Safety Code.
(2) A person who is convicted of violating Section 11380 of the Health and Safety Code by using a minor as an agent or who solicits, induces, encourages, or intimidates a minor with the intent that the minor shall violate the provisions of Section 11378.5, 11379.5, or 11379.6 of the Health and Safety Code insofar as the violation relates to phencyclidine or any of its analogs or precursors.
(b) The existence of a fact that would make a person ineligible for probation under subdivision (a) 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.
(c) A person who is made ineligible for probation pursuant to this section may be granted probation only in an unusual case where the interests of justice would best be served. When probation is granted pursuant to this subdivision, the court shall specify on the record and shall enter into the minutes the circumstances supporting the finding.
Notes and commentary — not statutory text
History
Repealed and added by Stats. 2021, Ch. 537, Sec. 3. (SB 73) 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=1203.07.
- Text hash
- sha256 72a942ce27d2e1c05e8dd698fe27842d3952ed96f0989bb6e761b0ef5925e02b
- 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.
Health and Safety Code
- Health & Saf. Code, § 11054Printed as Section 11054 of the Health and Safety Code
- Health & Saf. Code, § 11055Printed as Section 11055 of the Health and Safety Code
- Health & Saf. Code, § 11378.5Printed as Section 11378.5, 11379.5, or 11379.6 of the Health and Safety Code
- Health & Saf. Code, § 11379.5Printed as Section 11378.5, 11379.5, or 11379.6 of the Health and Safety Code
- Health & Saf. Code, § 11379.6Printed as Section 11378.5, 11379.5, or 11379.6 of the Health and Safety Code
- Health & Saf. Code, § 11380Printed as Section 11380 of the Health and Safety Code
Penal Code
Cited by 1 provision
Provisions in this library whose text cites Pen. Code, § 1203.07. Each shows the citation as that text prints it.
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