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CA AB2027
Bill
Status
10/24/2022
Primary Sponsor
Steven Choi
Click for details
AI Summary
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Amends Penal Code Section 1385 to create an exception to the court's requirement to dismiss sentencing enhancements when in furtherance of justice: hate crime enhancements under Section 422.75 cannot be dismissed.
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Requires courts to consider and afford great weight to nine specified mitigating circumstances when deciding whether to dismiss enhancements, including mental illness, prior victimization, and whether a firearm was inoperable or unloaded.
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Mandates dismissal of all enhancements beyond one when multiple enhancements are alleged in a single case, and requires dismissal if the enhancement would result in a sentence exceeding 20 years (unless public safety is endangered).
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Defines mental illness as disorders listed in the Diagnostic and Statistical Manual of Mental Disorders, excluding antisocial personality disorder, borderline personality disorder, and pedophilia, with courts determining if the condition substantially contributed to the offense.
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Applies to all sentencings occurring after the bill's effective date.
Legislative Description
Criminal sentencing: dismissal of enhancements.
Last Action
From committee: Without further action pursuant to Joint Rule 62(a).
10/24/2022