AB 1310, as amended, McKinnor. Sentencing: recall and resentencing. An act to add Section 1385.2 to the Penal Code, relating to sentencing. Status: 7/13/2023, Read second time and amended. Re-referred to Com. on APPR. LEGISLATIVE COUNSEL'S DIGEST: Existing law generally authorizes a court to, in the furtherance of justice, dismiss an enhancement. Existing law makes a person who personally uses a firearm in the commission of a felony punishable by an additional and consecutive term of imprisonment in the state prison for 3, 4, or 10 years. Existing law makes a person who personally uses a firearm in the commission of specified felonies punishable by imprisonment in the state prison for an additional and consecutive term of 10 years, and makes them punishable by an additional and consecutive term of imprisonment of 20 years if they discharge the firearm. Existing law makes a person who discharges a firearm and causes great bodily injury in the commission of specified felonies punishable by an additional and consecutive term of imprisonment of 25 years to life. Existing law, until January 1, 2018, prohibited courts from striking those firearm enhancements. Existing law on and after January 1, 2022, requires a court to dismiss an enhancement if it is in furtherance of justice to do so, except as specified. This bill would require the Secretary of the Department of Corrections and Rehabilitation and the county correctional administrator to identify persons in custody, who, on or before January 1, 2018, suffered a conviction of those firearm enhancements. By requiring county correctional administrators to identify qualifying persons in custody, this bill would impose a state-mandated local program. Upon determining the person qualifies for resentencing, the bill would require the trial court to appoint counsel, counsel and impose a lesser sentence than the one originally imposed, unless the court finds by clear and convincing evidence that a lesser sentence would present an unreasonable risk of danger to public safety. authorize the court to strike or dismiss an enhancement, as specified. By imposing additional duties on county public defenders, this bill would impose a state-mandated local program.
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