Sentencing: dismissal of enhancements.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Public Safety
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill changes how judges can dismiss sentencing enhancements in California. Currently, judges can dismiss enhancements if it’s in the furtherance of justice, but this is limited by initiative statutes. The bill expands the circumstances under which a judge *must* dismiss certain drug-related enhancements, unless prohibited by an initiative. It also outlines specific factors, such as mitigating circumstances related to mental health, prior victimization, and the age of the defendant, that a judge should consider when deciding whether to dismiss an enhancement.
Key provisions
- The court must dismiss certain drug-related enhancements if it’s in the furtherance of justice, unless prohibited by an initiative statute.
- Specific enhancements related to drug possession and trafficking are included.
- Judges must consider evidence of mitigating circumstances like mental illness, prior victimization, and defendant’s age when deciding whether to dismiss an enhancement.
- Enhancements related to prior convictions over five years old are considered.
- If multiple enhancements are alleged, all enhancements beyond one must be dismissed.
- If applying an enhancement would result in a sentence exceeding 20 years, the enhancement should be dismissed.
- A firearm used in the offense must be inoperable or unloaded to trigger dismissal.
- The definition of ‘childhood trauma’ and ‘prior victimization’ is clarified.
Who is affected
Bill text
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Sponsors
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1 on record
Primary sponsor
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