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CA SB1393
Bill
AI Summary
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Allows judges to strike prior serious felony convictions in connection with 5-year enhancements, removing the previous prohibition on doing so.
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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."
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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.
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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.
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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