SB 81: Sentencing: dismissal of enhancements.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2021-10-08
Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice.
This bill would, except as specified, require a court to dismiss an enhancement if it is in the furtherance of justice to do so. The bill would require a court to consider and afford great weight to evidence offered by the defendant to prove that specified mitigating circumstances are present. The bill would provide that proof of the presence of one or more specified mitigating circumstances weighs greatly in favor of dismissing an enhancement, unless the court finds that dismissal would endanger public safety, as defined.
Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice.
This bill would, except as specified, require a court to dismiss an enhancement if it is in the furtherance of justice to do so. The bill would require a court to consider and afford great weight to evidence offered by the defendant to prove that specified mitigating circumstances are present. The bill would provide that proof of the presence of one or more specified mitigating circumstances weighs greatly in favor of dismissing an enhancement, unless the court finds that dismissal would endanger public safety, as defined.
Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice.
This bill would, except as specified, require a court to dismiss an enhancement if it is in the furtherance of justice to do so. The bill would create a presumption that it is in the furtherance of justice to dismiss an enhancement in specified circumstances. The bill would state that this presumption is only overcome upon a showing by clear and convincing evidence that dismissal of the enhancement would endanger public safety. The bill would require a court to consider and afford great weight to evidence offered by the defendant to prove that specified mitigating circumstances are present. The bill would provide that proof of the presence of one or more specified mitigating circumstances weighs greatly in favor of dismissing an enhancement, unless the court finds that dismissal would endanger public safety, as defined.
Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice.
This bill would, except as specified, require a court to dismiss an enhancement if it is in the furtherance of justice to do so. The bill would create a presumption that it is in the furtherance of justice to dismiss an enhancement in specified circumstances. The bill would state that this presumption is only overcome upon a showing by clear and convincing evidence that dismissal of the enhancement would endanger public safety.
Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice.
This bill would, except as specified, require a court to dismiss an enhancement if it is in the furtherance of justice to do so. The bill would create a presumption that it is in the furtherance of justice to dismiss an enhancement in specified circumstances. The bill would state that this presumption is only overcome upon a showing by clear and convincing evidence that dismissal of the enhancement would endanger public safety.
Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice.
This bill would, except as specified, require a court to dismiss an enhancement if it is in the furtherance of justice to do so. The bill would create a presumption that it is in the furtherance of justice to dismiss an enhancement in specified circumstances. The bill would state that this presumption is only overcome upon a showing by clear and convincing evidence that dismissal of the enhancement would endanger public safety.
Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice.
This bill would, with exceptions, require a court to dismiss an enhancement in specified circumstances unless overcome by clear and convincing evidence that dismissal of the enhancement would endanger public safety. except as specified, require a court to dismiss an enhancement if it is in the furtherance of justice to do so. The bill would create a presumption that it is in the furtherance of justice to dismiss an enhancement in specified circumstances. The bill would state that this presumption is only overcome upon a showing by clear and convincing evidence that dismissal of the enhancement would endanger public safety.
Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice.
This bill would, with exceptions, require a court to dismiss an enhancement in specified circumstances unless overcome by clear and convincing evidence that dismissal of the enhancement would endanger public safety.
Existing law generally requires a licensed firearms dealer to conduct business exclusively in buildings designated in the license. Existing law provides limited exceptions to this requirement for gun shows, auctions, and raffles, as provided.This bill would make a technical, nonsubstantive change to those provisions.Existing law generally requires a licensed firearms dealer to conduct business exclusively in buildings designated in the license. Existing law provides limited exceptions to this requirement for gun shows, auctions, and raffles, as provided.
This bill would make a technical, nonsubstantive change to those provisions.
(a)The judge or magistrate may, either on motion of the court or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal shall be stated orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or in any case in which the proceedings are not being recorded electronically or reported by a court reporter. A dismissal shall not be made for any cause that would be ground of demurrer to the accusatory pleading.
(b)(1)If the court has the authority pursuant to subdivision (a) to strike or dismiss an enhancement, the court may instead strike the additional punishment for that enhancement in the furtherance of justice in compliance with subdivision (a).
(2)This subdivision does not authorize the court to strike the additional punishment for any enhancement that cannot be stricken or dismissed pursuant to subdivision (a).
(c)(1)Notwithstanding any other law, the court shall dismiss an enhancement if it is in the furtherance of justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute.
(2)In exercising its discretion under this subdivision, the court shall consider and afford great weight to evidence offered by the defendant to prove that any of the mitigating circumstances in subparagraphs (A) to (I) are present. Proof of the presence of one or more of these circumstances weighs greatly in favor of dismissing the enhancement, unless the court finds that dismissal of the enhancement would endanger public safety. Endanger public safety means there is a likelihood that the dismissal of the enhancement would result in physical injury or other serious danger to others.
(3)While the court may exercise its discretion at sentencing, nothing in this subdivision shall prevent a court from exercising its discretion before, during, or after trial or entry of plea.
(A)Application of the enhancement would result in a discriminatory racial impact as described in paragraph (4) of subdivision (a) of Section 745.
(B)Multiple enhancements are alleged in a single case. In this instance, all enhancements beyond a single enhancement shall be dismissed.
(C)The application of an enhancement could result in a sentence of over 20 years. In this instance, the enhancement shall be dismissed.
(D)The current offense is connected to mental illness.
(E)The current offense is connected to prior victimization or childhood trauma.
(F)The current offense is not a violent felony as defined in subdivision (c) of Section 667.5.
(G)The defendant was a juvenile when they committed the current offense or any prior juvenile adjudication that triggers the enhancement or enhancements applied in this case.
(H)The enhancement is based on a prior conviction that is over five years old.
(I)Though a firearm was used in the current offense, it was inoperable or unloaded.
(4)The circumstances listed in paragraph (2) are not exclusive and the court maintains authority to dismiss or strike an enhancement in accordance with subdivision (a).
(5)For the purposes of subparagraph (D) of paragraph (2), a mental illness is a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, but excluding antisocial personality disorder, borderline personality disorder, and pedophilia. A court may conclude that a defendants mental illness was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, statements by the defendants mental health treatment provider, medical records, records or reports by qualified medical experts, or evidence that the defendant displayed symptoms consistent with the relevant mental disorder at or near the time of the offense, the court concludes that the defendants mental illness substantially contributed to the defendants involvement in the commission of the offense.
(6)For the purposes of this subdivision, the following terms have the following meanings:
(A)Childhood trauma means that as a minor the person experienced physical, emotional, or sexual abuse, physical or emotional neglect. A court may conclude that a defendants childhood trauma was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, medical records, or records or reports by qualified medical experts, the court concludes that the defendants childhood trauma substantially contributed to the defendants involvement in the commission of the offense.
(B)Prior victimization means the person was a victim of intimate partner violence, sexual violence, or human trafficking, or the person has experienced psychological or physical trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence. A court may conclude that a defendants prior victimization was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, medical records, or records or reports by qualified medical experts, the court concludes that the defendants prior victimization substantially contributed to the defendants involvement in the commission of the offense.
(7)This subdivision shall apply to sentencings occurring after the effective date of the act that added this subdivision.
(a)The judge or magistrate may, either on motion of the court or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal shall be stated orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or in any case in which the proceedings are not being recorded electronically or reported by a court reporter. A dismissal shall not be made for any cause that would be ground of demurrer to the accusatory pleading.
(b)(1)If the court has the authority pursuant to subdivision (a) to strike or dismiss an enhancement, the court may instead strike the additional punishment for that enhancement in the furtherance of justice in compliance with subdivision (a).
(2)This subdivision does not authorize the court to strike the additional punishment for any enhancement that cannot be stricken or dismissed pursuant to subdivision (a).
(c)(1)Notwithstanding any other law, the court shall dismiss an enhancement if it is in the furtherance of justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute.
(2)In exercising its discretion under this subdivision, the court shall consider and afford great weight to evidence offered by the defendant to prove that any of the mitigating circumstances in subparagraphs (A) to (I) are present. Proof of the presence of one or more of these circumstances weighs greatly in favor of dismissing the enhancement, unless the court finds that dismissal of the enhancement would endanger public safety. Endanger public safety means there is a likelihood that the dismissal of the enhancement would result in physical injury or other serious danger to others.
(3)While the court may exercise its discretion at sentencing, nothing in this subdivision shall prevent a court from exercising its discretion before, during, or after trial or entry of plea.
(A)Application of the enhancement would result in a discriminatory racial impact as described in paragraph (4) of subdivision (a) of Section 745.
(B)Multiple enhancements are alleged in a single case. In this instance, all enhancements beyond a single enhancement shall be dismissed.
(C)The application of an enhancement could result in a sentence of over 20 years. In this instance, the enhancement shall be dismissed.
(D)The current offense is connected to mental illness.
(E)The current offense is connected to prior victimization or childhood trauma.
(F)The current offense is not a violent felony as defined in subdivision (c) of Section 667.5.
(G)The defendant was a juvenile when they committed the current offense or any prior juvenile adjudication that triggers the enhancement or enhancements applied in this case.
(H)The enhancement is based on a prior conviction that is over five years old.
(I)Though a firearm was used in the current offense, it was inoperable or unloaded.
(4)The circumstances listed in paragraph (2) are not exclusive and the court maintains authority to dismiss or strike an enhancement in accordance with subdivision (a).
(5)For the purposes of subparagraph (D) of paragraph (2), a mental illness is a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, but excluding antisocial personality disorder, borderline personality disorder, and pedophilia. A court may conclude that a defendants mental illness was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, statements by the defendants mental health treatment provider, medical records, records or reports by qualified medical experts, or evidence that the defendant displayed symptoms consistent with the relevant mental disorder at or near the time of the offense, the court concludes that the defendants mental illness substantially contributed to the defendants involvement in the commission of the offense.
(6)For the purposes of this subdivision, the following terms have the following meanings:
(A)Childhood trauma means that as a minor the person experienced physical, emotional, or sexual abuse, physical or emotional neglect. A court may conclude that a defendants childhood trauma was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, medical records, or records or reports by qualified medical experts, the court concludes that the defendants childhood trauma substantially contributed to the defendants involvement in the commission of the offense.
(B)Prior victimization means the person was a victim of intimate partner violence, sexual violence, or human trafficking, or the person has experienced psychological or physical trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence. A court may conclude that a defendants prior victimization was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, medical records, or records or reports by qualified medical experts, the court concludes that the defendants prior victimization substantially contributed to the defendants involvement in the commission of the offense.
(7)This subdivision shall apply to sentencings occurring after the effective date of the act that added this subdivision.
(a)The judge or magistrate may, either on motion of the court or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal shall be stated orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or in any case in which the proceedings are not being recorded electronically or reported by a court reporter. A dismissal shall not be made for any cause that would be ground of demurrer to the accusatory pleading.
(b)(1)If the court has the authority pursuant to subdivision (a) to strike or dismiss an enhancement, the court may instead strike the additional punishment for that enhancement in the furtherance of justice in compliance with subdivision (a).
(2)This subdivision does not authorize the court to strike the additional punishment for any enhancement that cannot be stricken or dismissed pursuant to subdivision (a).
(c)(1)Notwithstanding any other law, the court shall dismiss an enhancement if it is in the furtherance of justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute.
(2) There shall be a presumption that it is in the furtherance of justice to dismiss an enhancement upon a finding that any of the circumstances in subparagraphs (A) to (I), inclusive, are true. This presumption shall only be overcome by a showing of clear and convincing evidence that dismissal of the enhancement would endanger public safety.(2)In exercising its discretion under this subdivision, the court shall consider and afford great weight to evidence offered by the defendant to prove that any of the mitigating circumstances in subparagraphs (A) to (I) are present. Proof of the presence of one or more of these circumstances weighs greatly in favor of dismissing the enhancement, unless the court finds that dismissal of the enhancement would endanger public safety. Endanger public safety means there is a likelihood that the dismissal of the enhancement would result in physical injury or other serious danger to others.
(3)While the court may exercise its discretion at sentencing, nothing in this subdivision shall prevent a court from exercising its discretion before, during, or after trial or entry of plea.
(A)Application of the enhancement would result in a disparate racial impact. discriminatory racial impact as described in paragraph (4) of subdivision (a) of Section 745.
(B)Multiple enhancements are alleged in a single case. In this instance, all enhancements beyond a single enhancement shall be dismissed.
(C)The application of an enhancement could result in a sentence of over 20 years. In this instance, the enhancement shall be dismissed.
(D)The current offense is connected to mental illness.
(E)The current offense is connected to prior victimization or childhood trauma.
(F)The current offense is not a violent felony as defined in subdivision (c) of Section 667.5.
(G)The defendant was a juvenile when they committed the current offense or prior offenses. any prior juvenile adjudication that triggers the enhancement or enhancements applied in this case.
(H)The enhancement is based on a prior conviction that is over five years old.
(I)Though a firearm was used in the current offense, it was inoperable or unloaded.
(3)(4)The circumstances listed in paragraph (2) are not exclusive and the court maintains authority to dismiss or strike an enhancement in accordance with subdivision (a).
(4)(5)For the purposes of subparagraph (D) of paragraph (2), a mental illness is a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, but excluding antisocial personality disorder, borderline personality disorder, and pedophilia. A court may conclude that a defendants mental illness was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, statements by the defendants mental health treatment provider, medical records, records or reports by qualified medical experts, or evidence that the defendant displayed symptoms consistent with the relevant mental disorder at or near the time of the offense, the court concludes that the defendants mental illness substantially contributed to the defendants involvement in the commission of the offense.
(5)(6)For the purposes of this subdivision, the following terms have the following meanings:
(A)Childhood trauma means that as a minor the person experienced physical, emotional, or sexual abuse, physical or emotional neglect, or had a household member who experienced mental illness, a substance use disorder, intimate partner violence, absence due to divorce or separation, or incarceration. neglect. A court may conclude that a defendants childhood trauma was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, medical records, or records or reports by qualified medical experts, the court concludes that the defendants childhood trauma substantially contributed to the defendants involvement in the commission of the offense.
(B)Prior victimization means the person was a victim of intimate partner violence, sexual violence, or human trafficking, or the person has experienced psychological or physical trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence. A court may conclude that a defendants prior victimization was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, medical records, or records or reports by qualified medical experts, the court concludes that the defendants prior victimization substantially contributed to the defendants involvement in the commission of the offense.
(6)(7)This subdivision shall not apply retroactively. apply to sentencings occurring after the effective date of the act that added this subdivision.
(a)The judge or magistrate may, either on motion of the court or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal shall be stated orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or in any case in which the proceedings are not being recorded electronically or reported by a court reporter. A dismissal shall not be made for any cause that would be ground of demurrer to the accusatory pleading.
(b)(1)If the court has the authority pursuant to subdivision (a) to strike or dismiss an enhancement, the court may instead strike the additional punishment for that enhancement in the furtherance of justice in compliance with subdivision (a).
(2)This subdivision does not authorize the court to strike the additional punishment for any enhancement that cannot be stricken or dismissed pursuant to subdivision (a).
(c)(1)Except as specified in paragraph (4), Notwithstanding any other law, the court shall dismiss an enhancement if it is in the furtherance of justice to do so. so, except if dismissal of that enhancement is prohibited by any initiative statute.
(2) There shall be a presumption that it is in the furtherance of justice to dismiss an enhancement upon a finding that any of the circumstances in subparagraphs (A) to (I), inclusive, are true. This presumption shall only be overcome by a showing of clear and convincing evidence that dismissal of the enhancement would endanger public safety.
(A)Application of the enhancement would result in a disparate racial impact.
(B)Multiple enhancements are alleged in a single case. In this instance, all enhancements beyond a single enhancement shall be dismissed.
(C)The application of an enhancement could result in a sentence of over 20 years. In this instance, the enhancement shall be dismissed.
(D)The current offense is connected to mental illness.
(E)The current offense is connected to prior victimization or childhood trauma.
(F)The current offense is not a violent felony as defined in subdivision (c) of Section 667.5.
(G)The defendant was a juvenile when they committed the current offense or prior offenses.
(H)The enhancement is based on a prior conviction that is over five years old.
(I)Though a firearm was used in the current offense, it was inoperable or unloaded.
(3)The circumstances listed in paragraph (2) are not exclusive and the court maintains authority to dismiss or strike an enhancement in accordance with subdivision (a).
(4)For the purposes of subparagraph (D) of paragraph (2), a mental illness is a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, but excluding antisocial personality disorder, borderline personality disorder, and pedophilia. A court may conclude that a defendants mental illness was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, statements by the defendants mental health treatment provider, medical records, records or reports by qualified medical experts, or evidence that the defendant displayed symptoms consistent with the relevant mental disorder at or near the time of the offense, the court concludes that the defendants mental illness substantially contributed to the defendants involvement in the commission of the offense.
(5)For the purposes of this subdivision, the following terms have the following meanings:
(A)Childhood trauma means that as a minor the person experienced physical, emotional, or sexual abuse, physical or emotional neglect, or had a household member who experienced mental illness, a substance use disorder, intimate partner violence, absence due to divorce or separation, or incarceration.
(B)Prior victimization means the person was a victim of intimate partner violence, sexual violence, or human trafficking, or the person has experienced psychological or physical trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence.
(6)This subdivision does not apply to an enhancement if dismissal of that enhancement is prohibited by any initiative statute.(7)(6)This subdivision shall not apply retroactively.
(a)The judge or magistrate may, either on motion of the court or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal shall be stated orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or in any case in which the proceedings are not being recorded electronically or reported by a court reporter. A dismissal shall not be made for any cause that would be ground of demurrer to the accusatory pleading.
(b)(1)If the court has the authority pursuant to subdivision (a) to strike or dismiss an enhancement, the court may instead strike the additional punishment for that enhancement in the furtherance of justice in compliance with subdivision (a).
(2)This subdivision does not authorize the court to strike the additional punishment for any enhancement that cannot be stricken or dismissed pursuant to subdivision (a).
(c)(1)Except as specified in paragraph (4), the court shall dismiss an enhancement if it is in the furtherance of justice to do so.
(2) There shall be a presumption that it is in the furtherance of justice to dismiss an enhancement upon a finding that any of the circumstances in subparagraphs (A) to (I), inclusive, are true. This presumption shall only be overcome by a showing of clear and convincing evidence that dismissal of the enhancement would endanger public safety.
(A)Application of the enhancement would result in a disparate racial impact.
(B)Multiple enhancements are alleged in a single case. In this instance, all enhancements beyond a single enhancement shall be dismissed.
(C)The application of an enhancement could result in a sentence of over 20 years. In this instance, the enhancement shall be dismissed.
(D)The current offense is connected to mental health issues. mental illness.
(E)The current offense is connected to prior victimization or childhood trauma.
(F)The current offense is nonviolent. not a violent felony as defined in subdivision (c) of Section 667.5.
(G)The defendant was a juvenile when they committed the current offense or prior offenses.
(H)The enhancement is based on a prior conviction that is over five years old.
(I)Though a firearm was used in the current offense, it was inoperable or unloaded.
(3)The circumstances listed in paragraph (2) are not exclusive and the court maintains authority to dismiss or strike an enhancement in accordance with subdivision (a).
(4)For the purposes of subparagraph (D) of paragraph (2), a mental illness is a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, but excluding antisocial personality disorder, borderline personality disorder, and pedophilia. A court may conclude that a defendants mental illness was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, statements by the defendants mental health treatment provider, medical records, records or reports by qualified medical experts, or evidence that the defendant displayed symptoms consistent with the relevant mental disorder at or near the time of the offense, the court concludes that the defendants mental illness substantially contributed to the defendants involvement in the commission of the offense.
(5)For the purposes of this subdivision, the following terms have the following meanings:
(A)Childhood trauma means that as a minor the person experienced physical, emotional, or sexual abuse, physical or emotional neglect, or had a household member who experienced mental illness, a substance use disorder, intimate partner violence, absence due to divorce or separation, or incarceration.
(B)Prior victimization means the person was a victim of intimate partner violence, sexual violence, or human trafficking, or the person has experienced psychological or physical trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence.
(4)(6)This subdivision does not apply to an enhancement if dismissal of that enhancement is prohibited by any initiative statute.
(5)(7)This subdivision shall not apply retroactively.
(a)The judge or magistrate may, either on motion of the court or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal shall be stated orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or in any case in which the proceedings are not being recorded electronically or reported by a court reporter. A dismissal shall not be made for any cause that would be ground of demurrer to the accusatory pleading.
(b)(1)If the court has the authority pursuant to subdivision (a) to strike or dismiss an enhancement, the court may instead strike the additional punishment for that enhancement in the furtherance of justice in compliance with subdivision (a).
(2)This subdivision does not authorize the court to strike the additional punishment for any enhancement that cannot be stricken or dismissed pursuant to subdivision (a).
(c)(1)Except as specified in paragraph (4), the court shall dismiss an enhancement if it is in the furtherance of justice to do so.
(2) There shall be a presumption that it is in the furtherance of justice to dismiss an enhancement upon a finding that any of the circumstances in subparagraphs (A) to (I), inclusive, are true. This presumption shall only be overcome by a showing of clear and convincing evidence that dismissal of the enhancement would endanger public safety.
(A)Application of the enhancement would result in a disparate racial impact.
(B)Multiple enhancements are alleged in a single case. In this instance, all enhancements beyond a single enhancement shall be dismissed.
(C)The application of an enhancement could result in a sentence of over 20 years. In this instance, the enhancement shall be dismissed.
(D)The current offense is connected to mental health issues.
(E)The current offense is connected to prior victimization or childhood trauma.
(F)The current offense is nonviolent.
(G)The defendant was a juvenile when they committed the current offense or prior offenses.
(H)The enhancement is based on a prior conviction that is over five years old.
(I)Though a firearm was used in the current offense, it was inoperable or unloaded.
(3)The circumstances listed in paragraph (2) are not exclusive and the court maintains authority to dismiss or strike an enhancement in accordance with subdivision (a).
(4)This subdivision does not apply to an enhancement if dismissal of that enhancement is prohibited by any initiative statute.
(5)This subdivision shall not apply retroactively.
(a)The judge or magistrate may, either on motion of the court or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal shall be stated orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or in any case in which the proceedings are not being recorded electronically or reported by a court reporter. A dismissal shall not be made for any cause that would be ground of demurrer to the accusatory pleading.
(b)(1)If the court has the authority pursuant to subdivision (a) to strike or dismiss an enhancement, the court may instead strike the additional punishment for that enhancement in the furtherance of justice in compliance with subdivision (a).
(2)This subdivision does not authorize the court to strike the additional punishment for any enhancement that cannot be stricken or dismissed pursuant to subdivision (a).
(c)(1)Except as specified in paragraphs (2) and (4), paragraph (4), the court shall dismiss an enhancement upon finding any of the following circumstances to be true: if it is in the furtherance of justice to do so.
(2) There shall be a presumption that it is in the furtherance of justice to dismiss an enhancement upon a finding that any of the circumstances in subparagraphs (A) to (I), inclusive, are true. This presumption shall only be overcome by a showing of clear and convincing evidence that dismissal of the enhancement would endanger public safety.
(A)Application of the enhancement would result in a disparate racial impact.
(B)Multiple enhancements are alleged in a single case or the total sentence is over 20 years. case. In this instance, all enhancements beyond a single enhancement shall be dismissed.
(C)The application of an enhancement could result in a sentence of over 20 years. In this instance, the enhancement shall be dismissed.
(C)(D)The current offense is connected to mental health issues.
(D)(E)The current offense is connected to prior victimization or childhood trauma.
(E)(F)The current offense is nonviolent.
(F)(G)The defendant was a juvenile when they committed the current offense or prior offenses.
(G)(H)The enhancement is based on a prior conviction that is over five years old.
(H)(I)Though a firearm was used in the current offense, it was inoperable or unloaded.
(2)The court may decline to dismiss a charged sentencing enhancement pursuant to paragraph (1) upon a showing by clear and convincing evidence that dismissal of an enhancement would endanger public safety.(3)The circumstances listed in paragraph (1) (2) are not exclusive and the court maintains authority to dismiss or strike an enhancement in accordance with subdivision (a).
(4)This subdivision does not apply to an enhancement if dismissal of that enhancement is prohibited by any initiative statute.
(a)The judge or magistrate may, either of his or her own motion on motion of the court or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal shall be stated orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or in any case in which the proceedings are not being recorded electronically or reported by a court reporter. A dismissal shall not be made for any cause that would be ground of demurrer to the accusatory pleading.
(b)(1)If the court has the authority pursuant to subdivision (a) to strike or dismiss an enhancement, the court may instead strike the additional punishment for that enhancement in the furtherance of justice in compliance with subdivision (a).
(2)This subdivision does not authorize the court to strike the additional punishment for any enhancement that cannot be stricken or dismissed pursuant to subdivision (a).
(c)(1)Except as specified in paragraphs (2) and (4), the court shall dismiss an enhancement upon finding any of the following circumstances to be true:
(A)Application of the enhancement would result in a disparate racial impact.
(B)Multiple enhancements are alleged in a single case or the total sentence is over 20 years.
(C)The current offense is connected to mental health issues.
(D)The current offense is connected to prior victimization or childhood trauma.
(E)The current offense is nonviolent.
(F)The defendant was a juvenile when they committed the current offense or prior offenses.
(G)The enhancement is based on a prior conviction that is over five years old.
(H)Though a firearm was used in the current offense, it was inoperable or unloaded.
(2)The court may decline to dismiss a charged sentencing enhancement pursuant to paragraph (1) upon a showing by clear and convincing evidence that dismissal of an enhancement would endanger public safety.
(3)The circumstances listed in paragraph (1) are not exclusive and the court maintains authority to dismiss or strike an enhancement in accordance with subdivision (a).
(4)This subdivision does not apply to an enhancement if dismissal of that enhancement is prohibited by any initiative statute.
SECTION 1.Section 26805 of the Penal Code is amended to read:26805.(a)Except as provided in subdivisions (b) and (c), the business of a licensee shall be conducted only in the buildings designated in the license.(b)(1)A person licensed pursuant to Sections 26700 and 26705 may take possession of firearms and commence preparation of registers for the sale, delivery, or transfer of firearms at any gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, if the gun show or event is not conducted from any motorized or towed vehicle. A person conducting business pursuant to this subdivision is entitled to conduct business as authorized herein at any gun show or event in the state, without regard to the jurisdiction within this state that issued the license pursuant to Sections 26700 and 26705, provided the person complies with all applicable laws, including, but not limited to, the waiting period specified in subdivision (a) of Section 26815, and all applicable local laws, regulations, and fees, if any.(2)A person conducting business pursuant to this subdivision shall publicly display the persons license issued pursuant to Sections 26700 and 26705, or a facsimile thereof, at any gun show or event, as specified in this subdivision.(c)(1)A person licensed pursuant to Sections 26700 and 26705 may engage in the sale and transfer of firearms other than handguns, at events specified in Sections 27900 and 27905, subject to the prohibitions and restrictions contained in those sections.(2)A person licensed pursuant to Sections 26700 and 26705 may also accept delivery of firearms other than handguns, outside the building designated in the license, provided the firearm is being donated for the purpose of sale or transfer at an auction, raffle, or similar event specified in Section 27900.(d)The firearm may be delivered to the purchaser, transferee, or person being loaned the firearm at one of the following places:(1)The building designated in the license.(2)The places specified in subdivision (b) or (c).(3)The place of residence of, the fixed place of business of, or on private property owned or lawfully possessed by, the purchaser, transferee, or person being loaned the firearm.(a)Except as provided in subdivisions (b) and (c), the business of a licensee shall be conducted only in the buildings designated in the license.
(b)(1)A person licensed pursuant to Sections 26700 and 26705 may take possession of firearms and commence preparation of registers for the sale, delivery, or transfer of firearms at any gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, if the gun show or event is not conducted from any motorized or towed vehicle. A person conducting business pursuant to this subdivision shall be is entitled to conduct business as authorized herein at any gun show or event in the state, without regard to the jurisdiction within this state that issued the license pursuant to Sections 26700 and 26705, provided the person complies with all applicable laws, including, but not limited to, the waiting period specified in subdivision (a) of Section 26815, and all applicable local laws, regulations, and fees, if any.
(2)A person conducting business pursuant to this subdivision shall publicly display the persons license issued pursuant to Sections 26700 and 26705, or a facsimile thereof, at any gun show or event, as specified in this subdivision.
(c)(1)A person licensed pursuant to Sections 26700 and 26705 may engage in the sale and transfer of firearms other than handguns, at events specified in Sections 27900 and 27905, subject to the prohibitions and restrictions contained in those sections.
(2)A person licensed pursuant to Sections 26700 and 26705 may also accept delivery of firearms other than handguns, outside the building designated in the license, provided the firearm is being donated for the purpose of sale or transfer at an auction, raffle, or similar event specified in Section 27900.
(d)The firearm may be delivered to the purchaser, transferee, or person being loaned the firearm at one of the following places:
(1)The building designated in the license.
(2)The places specified in subdivision (b) or (c).
(3)The place of residence of, the fixed place of business of, or on private property owned or lawfully possessed by, the purchaser, transferee, or person being loaned the firearm.
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Date
|
Status
|
|---|---|
| Oct 8, 2021 | Chaptered by Secretary of State. Chapter 721, Statutes of 2021. |
| Oct 8, 2021 | Approved by the Governor. |
| Sep 17, 2021 | Enrolled and presented to the Governor at 1:30 p.m. |
| Sep 9, 2021 | Assembly amendments concurred in. (Ayes 23. Noes 11. Page 2553.) Ordered to engrossing and enrolling. |
| Sep 8, 2021 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 8, 2021 | Read third time. Passed. (Ayes 46. Noes 24. Page 2941.) Ordered to the Senate. |
| Aug 31, 2021 | Read second time. Ordered to third reading. |
| Aug 30, 2021 | Read second time and amended. Ordered to second reading. |
| Aug 26, 2021 | From committee: Do pass as amended. (Ayes 11. Noes 4.) (August 26). |
| Jul 14, 2021 | July 14 set for first hearing. Placed on suspense file. |
| Jul 1, 2021 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 30, 2021 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 29). |
| Jun 15, 2021 | June 15 set for first hearing canceled at the request of author. |
| Jun 3, 2021 | Referred to Com. on PUB. S. |
| May 26, 2021 | In Assembly. Read first time. Held at Desk. |
| May 26, 2021 | Read third time. Passed. (Ayes 27. Noes 9. Page 1259.) Ordered to the Assembly. |
| May 20, 2021 | From committee: Do pass. (Ayes 5. Noes 2. Page 1182.) (May 20). |
| May 14, 2021 | Set for hearing May 20. |
| May 4, 2021 | May 3 hearing: Placed on APPR suspense file. |
| Apr 27, 2021 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Apr 21, 2021 | Set for hearing May 3. |
| Apr 15, 2021 | April 19 set for first hearing canceled at the request of author. |
| Apr 8, 2021 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Apr 6, 2021 | Set for hearing April 19. |
| Apr 5, 2021 | April 5 hearing postponed by committee. |
| Mar 23, 2021 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Mar 19, 2021 | Set for hearing April 5. |
| Mar 17, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 520.) (March 16). Re-referred to Com. on APPR. |
| Feb 24, 2021 | Set for hearing March 16. |
| Feb 17, 2021 | Re-referred to Com. on PUB. S. |
| Feb 8, 2021 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Jan 28, 2021 | Referred to Com. on RLS. |
| Jan 11, 2021 | Read first time. |
| Dec 16, 2020 | From printer. May be acted upon on or after January 15. |
| Dec 15, 2020 | Introduced. To Com. on RLS. for assignment. To print. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 9, 2021 | Unfinished Business SB81 Skinner et al. Concurrence | Senate Floor |
Passed |
|
| Sep 8, 2021 | SB 81 Skinner Senate Third Reading By Bauer-Kahan | Assembly Floor |
Passed |
|
| May 26, 2021 | Senate 3rd Reading SB81 Skinner | Senate Floor |
Passed |
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