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AB 931

Title: Sentencing: dismissal of enhancements.
Author: Carlos Villapudua

Summary
AB 931, as amended, Villapudua. Sentencing: dismissal of enhancements. Existing law prescribes certain criminal sentencing enhancements that increase the term of imprisonment for specified criminal offenses committed under circumstances, including those committed using a firearm, those committed for the benefit of a criminal street gang, and those committed by a repeat offender. Existing law requires a sentencing court to dismiss an enhancement if, after considering specified mitigating circumstances, the court determines that it is in the furtherance of justice to do so.This bill would instead allow, but would not require, a sentencing court to dismiss an enhancement if the court determines that it is in the furtherance of justice to do so.Existing law requires a court, in exercising its discretion to dismiss an enhancement, to consider and afford great weight to evidence offered by the defendant to prove that specified mitigating circumstances exist, including the allegation of multiple enhancements in a single case and that the application of an enhancement could result in a sentence of over 20 years. Existing law requires the dismissal of all enhancements beyond a single enhancement and the dismissal of all enhancements when the resulting sentence is over 20 years.This bill would remove the requirement to dismiss enhancements in the above instances. The bill would make technical, nonsubstantive changes. By increasing the penalty for a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.

Status
Read first time. To print. 02/17/2021
From printer. May be heard in committee March 20. 02/18/2021
Referred to Com. on PUB. S. 03/11/2021
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. 03/11/2021
Re-referred to Com. on PUB. S. 03/15/2021
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. 04/08/2021
Re-referred to Com. on PUB. S. 04/12/2021
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 13). Re-referred to Com. on APPR. 04/14/2021
In committee: Set, first hearing. Referred to APPR. suspense file. 04/28/2021
From committee: Amend, and do pass as amended. (Ayes 16. Noes 0.) (May 20). 05/20/2021
Read second time and amended. Ordered returned to second reading. 05/24/2021
Read second time. Ordered to third reading. 05/25/2021
Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0.) 06/01/2021
In Senate. Read first time. To Com. on RLS. for assignment. 06/02/2021
Referred to Com. on PUB. S. 06/16/2021
In committee: Set, first hearing. Hearing canceled at the request of author. 07/13/2021
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S. 06/06/2022
In committee: Set, second hearing. Failed passage. 06/29/2022

Bill Documents
AB 931 - Amended+Assembly
05/24/2021 - AB 931 (Amended+Assembly)


AB 931 - Amended+Assembly
04/08/2021 - AB 931 (Amended+Assembly)

AB 931 - Amended+Assembly
03/11/2021 - AB 931 (Amended+Assembly)

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Author Details


    Asm. Carlos Villapudua (D-CA)
    State House

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    Capital Address:
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    Sacramento, CA 94249-0013
    Phone: (916) 319-2013

    District Address:
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    Stockton, CA 95202
    Phone: (209) 948-7479
    Fax: (209) 465-5058