CA AB 1310

Title: Sentencing: recall and resentencing.
Author: Tina McKinnor

Summary
AB 1310, as amended, McKinnor. Sentencing: recall and resentencing. 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 to identify persons in custody, who, on or before January 1, 2018, suffered a conviction of those firearm enhancements. Upon determining the person qualifies for resentencing, the bill would require the trial court to appoint counsel and 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.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Status
In committee: Held under submission.

Bill Documents
CA AB 1310 - 07/13/23 - Amended Senate
07/13/23 - CA AB 1310 (07/13/23 - Amended Senate)