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Enhancement Relief Coming Soon?

AB 1509, as introduced by Assembly Member Lee. Enhancements: firearms. An act to amend Section 7282.5 of the Government Code, and to amend Sections 190, 206, 368, 422.75, 550, 600, 667.5, 667.61, 667.7, 1170.11, 1174.4, 1203.055, 1203.06, 1203.09, 1269b, 2933.5, 2962, 3003, 3057, 12022.2, 12022.53, 12022.55, and 12022.8 of, to add Section 1170.23 to, and to repeal Sections 12021.5, 12022, 12022.4, 12022.5, and 12022.7 of, the Penal Code, relating to enhancements. LEGISLATIVE COUNSEL'S DIGEST: Existing law imposes various sentence enhancements, consisting of additional and consecutive terms of imprisonment, including, among others, enhancements for being armed with a firearm during the commission of a felony, being armed with a firearm during the commission of a street gang crime, as defined, being armed with ammunition designed to penetrate armor during the commission of a felony, furnishing a firearm to another for the purpose of aiding, abetting, or enabling that person to commit a felony, using a firearm during the commission of a felony, and the infliction of great bodily injury on any other person during the commission of a felony. This bill would repeal those enhancements and make conforming changes.

Existing law imposes a sentence enhancement in the state prison of 10 years for personally using a firearm in the commission of specified felonies, 20 years for personally and intentionally discharging a firearm in the commission of those felonies, and 25 years to life for personally and intentionally discharging a firearm and causing great bodily injury or death to any other person during the commission of those felonies. This bill would reduce those enhancements to 1, 2, and 3 years, respectively.

Existing law imposes a sentence enhancement of 5, 6, or 10 years in the state prison for, with intent to inflict great bodily injury or death, discharging a firearm from a motor vehicle in the commission of a felony and inflicting great bodily injury or death in the commission of a felony. This bill would reduce that enhancement to 1, 2, or 3 years in the state prison. This bill would additionally authorize a person serving a term for those provisions as they read on or before December 31, 2021, to petition the court for a recall of sentence and to request resentencing in accordance with these changes.

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