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CA SB1393

Bill

Status

Passed

9/30/2018

Primary Sponsor

Holly Mitchell

Click for details

Origin

Senate

2017-2018 Session

AI Summary

  • Allows judges to strike prior serious felony convictions in connection with 5-year enhancements, removing the previous prohibition on doing so.

  • Enables judges to exercise discretion under Penal Code Section 1385 to dismiss or strike prior serious or violent felony conviction allegations "in the furtherance of justice."

  • Permits judges to strike the additional punishment for enhancements when authorized to do so under Section 1385, rather than being required to impose mandatory enhancements.

  • Maintains that prosecutors must still plead and prove prior serious or violent felony convictions except when moving to dismiss or strike them, or when insufficient evidence exists.

  • Approved by Governor September 30, 2018, and effective immediately upon filing with Secretary of State.

Legislative Description

Sentencing.

Last Action

Chaptered by Secretary of State. Chapter 1013, Statutes of 2018.

9/30/2018

Committee Referrals

Appropriations6/12/2018
Public Safety5/25/2018
Appropriations4/3/2018
Public Safety3/8/2018
Rules2/16/2018

Full Bill Text

No bill text available