Sentencing: dismissal of enhancements.
- Restricts courts from automatically dismissing firearm-related sentencing enhancements in criminal cases.
- Allows judges to dismiss firearm enhancements only through their general dismissal authority after careful review.
- Requires courts to consider specific factors like mental illness and childhood trauma when evaluating dismissals.
- Maintains additional prison terms of 10-25 years for using firearms in serious felonies.
Assembly Member Essayli's proposed modifications to California's sentencing laws would alter how courts handle firearm-related sentence enhancements, creating distinct treatment for these penalties compared to other types of enhancements. The legislation amends the Penal Code to exclude firearm enhancements from provisions requiring automatic dismissal when in the furtherance of justice.
Under the amended framework, courts retain discretion to dismiss firearm enhancements through their general authority to dismiss actions, but must evaluate specific factors when considering dismissal. These factors include whether the enhancement would create discriminatory racial impact, whether multiple enhancements are alleged, the defendant's mental health status, prior victimization or childhood trauma, and circumstances surrounding firearm use such as whether the weapon was inoperable.
The bill maintains existing enhancement periods - 10 years for personal firearm use during specified felonies, 20 years for intentionally discharging a firearm, and 25 years to life when firearm discharge causes great bodily injury or death. These provisions continue to apply to serious felonies including murder, mayhem, kidnapping, robbery, sexual assault crimes, and other offenses punishable by life imprisonment. Courts must impose the longest applicable enhancement when multiple enhancements are found true for a single defendant.
 Tom LackeyR Assemblymember | Committee Member |  Not Contacted | |
 James RamosD Assemblymember | Committee Member | Not Contacted | |
 Matt HaneyD Assemblymember | Committee Member | Not Contacted | |
 Juan AlanisR Assemblymember | Committee Member | Not Contacted | |
 Bill EssayliR Assemblymember | Bill Author | Not Contacted |
Email the authors or create an email template to send to all relevant legislators.
Introduced By
- Restricts courts from automatically dismissing firearm-related sentencing enhancements in criminal cases.
- Allows judges to dismiss firearm enhancements only through their general dismissal authority after careful review.
- Requires courts to consider specific factors like mental illness and childhood trauma when evaluating dismissals.
- Maintains additional prison terms of 10-25 years for using firearms in serious felonies.
Email the authors or create an email template to send to all relevant legislators.
Introduced By
Assembly Member Essayli's proposed modifications to California's sentencing laws would alter how courts handle firearm-related sentence enhancements, creating distinct treatment for these penalties compared to other types of enhancements. The legislation amends the Penal Code to exclude firearm enhancements from provisions requiring automatic dismissal when in the furtherance of justice.
Under the amended framework, courts retain discretion to dismiss firearm enhancements through their general authority to dismiss actions, but must evaluate specific factors when considering dismissal. These factors include whether the enhancement would create discriminatory racial impact, whether multiple enhancements are alleged, the defendant's mental health status, prior victimization or childhood trauma, and circumstances surrounding firearm use such as whether the weapon was inoperable.
The bill maintains existing enhancement periods - 10 years for personal firearm use during specified felonies, 20 years for intentionally discharging a firearm, and 25 years to life when firearm discharge causes great bodily injury or death. These provisions continue to apply to serious felonies including murder, mayhem, kidnapping, robbery, sexual assault crimes, and other offenses punishable by life imprisonment. Courts must impose the longest applicable enhancement when multiple enhancements are found true for a single defendant.
Tom LackeyR Assemblymember | Committee Member | Not Contacted | |
James RamosD Assemblymember | Committee Member | Not Contacted | |
Matt HaneyD Assemblymember | Committee Member | Not Contacted | |
Juan AlanisR Assemblymember | Committee Member | Not Contacted | |
Bill EssayliR Assemblymember | Bill Author | Not Contacted |