CA SB81

Court shall dismiss an enhancement if it is in the furtherance of justice to do so, except when prohibited by initiative statute.

Court must consider and afford great weight to evidence of specified mitigating circumstances, with proof of such circumstances weighing greatly in favor of dismissal unless dismissal would endanger public safety.

Mitigating circumstances include: discriminatory racial impact, multiple enhancements in one case, sentences over 20 years, mental illness, prior victimization or childhood trauma, non-violent felonies, juvenile status, prior convictions over five years old, or inoperable/unloaded firearms.

Mental illness is defined as a diagnosable mental disorder from the DSM-5 (excluding antisocial personality disorder, borderline personality disorder, and pedophilia) that substantially contributed to the offense.

Applies to sentencings occurring after the effective date of the bill, approved October 8, 2021.