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CA AB2027

Bill

Status

Failed

10/24/2022

Primary Sponsor

Steven Choi

Click for details

Origin

State Assembly

2021-2022 Session

AI Summary

  • 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.

  • 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.

  • 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).

  • 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.

  • 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

Committee Referrals

Public Safety2/24/2022

Full Bill Text

No bill text available