AB 1310, as amended, McKinnor. Sentencing: recall and resentencing. An act to add Section 1385.2 to the Penal Code, relating to sentencing. Status: 5/18/2023 From committee: Amend, and do pass as amended. (Ayes 11. Noes 4.). Amendments: Upon receiving a petition under subdivision (a), the court shall determine whether the petitioner satisfies the criteria in subdivision (a). If the petitioner satisfies the criteria in subdivision (a), the court may strike or dismiss the enhancement and resentence in accordance with those sections as they read on January 1, 2022. If the court does exercise its discretion, no additional or substitute term of imprisonment shall be added in its place. 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 authorize a person who, on or before January 1, 2022, suffered a conviction of those firearm enhancements to petition the court for resentencing. The bill would require the court during that resentencing to have a presumption for resentencing, which may only be overcome if a court finds the defendant is an unreasonable risk of danger to public safety, and would require the court to dismiss those enhancements if it is in the furtherance of justice to do so, except as specified. The bill would require the court to appoint counsel for a hearing under these provisions. By imposing additional duties on county public defenders, this bill would impose a state-mandated local program.
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