Special Circumstances Open For Dismissal?
SB 81, as introduced and amended by Senator Nancy Skinner. Sentencing: dismissal of enhancements. An act to amend Section 1385 of the Penal Code, relating to sentencing. LEGISLATIVE COUNSEL’S DIGEST: 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.