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CA AB931

Bill

Status

Engrossed

6/1/2021

Primary Sponsor

Carlos Villapudua

Click for details

Origin

State Assembly

2021-2022 Session

AI Summary

  • Changes Penal Code Section 1385 to allow courts to dismiss sentencing enhancements at their discretion, rather than requiring dismissal in certain circumstances.

  • Courts may dismiss enhancements if it is in furtherance of justice, and must consider mitigating circumstances including multiple enhancements in one case, sentences over 20 years, mental illness, prior victimization, juvenile status, and inoperable firearms.

  • Removes mandatory dismissal requirements for all enhancements beyond a single enhancement and for cases where application would result in sentences over 20 years.

  • Allows courts to exercise discretion to dismiss enhancements before, during, or after trial or entry of plea.

  • Provides that no state reimbursement is required under this act as costs are incurred through changes to criminal penalties under Government Code Section 17556.

Legislative Description

Sentencing: dismissal of enhancements.

Last Action

In committee: Set, second hearing. Failed passage.

6/29/2022

Committee Referrals

Public Safety6/16/2021
Rules6/2/2021
Appropriations4/14/2021
Public Safety3/11/2021

Full Bill Text

No bill text available