This Sac'to Bill -- On Verge Of Enactment -- Could Stop Courts Statewide From Applying Sentencing Enhancements

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This Sac'to Bill -- On Verge Of Enactment -- Could Stop Courts Statewide From Applying Sentencing Enhancements

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(August 28, 2021, 5:40 a.m.) -- A Sacramento bill -- SB 81 -- has advanced to the verge of legislative passage that could effectively require courts statewide to dismiss sentencing enhancements under various circumstances.

On August 26, SB 81 (authored by Nancy Skinner (D, Berkeley) and joined by co-author Assemblyman Alex Lee (D, San Jose)) passed the Assembly Appropriations Committee and could now be voted-on by the full Assembly from Aug. 30 until Sept. 10. On May 26, SB 81 passed the state Senate on a 27-9 vote with a "yes" vote by state Senator Lena Gonzalez (D, Long Beach-SE LA County) and "no vote recorded" by state Senator Tom Umberg (D, SE LB-west OC.)

SB 81 states in pertinent part that there shall be "a presumption that it is in the furtherance of justice to dismiss an enhancement upon a finding that any of the circumstances [below], inclusive, are true. This presumption shall only be overcome by a showing of clear and convincing evidence that dismissal of the enhancement would endanger public safety."

(A) Application of the enhancement would result in a disparate racial impact.

(B) Multiple enhancements are alleged in a single case. In this instance, all enhancements beyond a single enhancement shall be dismissed.

(C) The application of an enhancement could result in a sentence of over 20 years. In this instance, the enhancement shall be dismissed.

(D) The current offense is connected to mental illness.

(E) The current offense is connected to prior victimization or childhood trauma.

(F) The current offense is not a violent felony as defined in subdivision (c) of Section 667.5.

(G) The defendant was a juvenile when they committed the current offense or prior offenses.

(H) The enhancement is based on a prior conviction that is over five years old.

(I) Though a firearm was used in the current offense, it was inoperable or unloaded.

SB 81 also specifies that if the court has the authority...to strike or dismiss an enhancement, "the court may instead strike the additional punishment for that enhancement in the furtherance of justice..."

SB 31 would apply prospectively, not retroactively.

A May 28 analysis by staff of the Assembly Public Safety committee listed the following supporters/opponents at that time:

An analysis of SB 81 by staff of the Assembly Public Safety Committee (June 29 hearing) listed supporters/opponents as follows:

[Scroll down for further.]

REGISTERED SUPPORT / OPPOSITION: Support California Attorneys for Criminal Justice (Co-Sponsor) ACLU California Action Alliance San Diego Arts for Healing and Justice Network Asian Solidarity Collective Bend the Arc: Jewish Action California Calls California Catholic Conference California Public Defenders Association (CPDA) Californians for Safety and Justice Cat Clark Consulting Services LLC Center on Juvenile and Criminal Justice Change Begins With Me Indivisible Group Communities United for Restorative Youth Justice (CURYJ) Courage California Del Cerro for Black Lives Matter Democratic Club of Vista Democrats of Rossmoor Dolores Huerta Foundation Drug Policy Alliance Ella Baker Center for Human Rights Essie Justice Group Faith in Action Bay Area Fresno Barrios Unidos Friends Committee on Legislation of California Hillcrest Indivisible Initiate Justice Legal Services for Prisoners With Children Los Angeles Regional Reentry Partnership (LARRP) Mission Impact Philanthropy Multi-faith Action Coalition Partnership for The Advancement of New Americans Pillars of The Community Prosecutors Alliance California Re:store Justice Represent Justice Riseup Rubicon Programs San Diego Progressive Democratic Club San Francisco Public Defender Sd-qtpoc Colectivo Showing Up for Racial Justice (SURJ) San Diego Showing Up for Racial Justice North County San Diego Smart Justice California Social Workers for Equity & Leadership Team Justice Think Dignity Time for Change Foundation UC Berkeley's Underground Scholars Initiative (USI) Underground Scholars Initiative UC Berkeley Uprise Theatre We the People - San Diego Oppose Arcadia Police Officers' Association Burbank Police Officers Association California Coalition of School Safety Professionals California District Attorneys Association California Narcotic Officers' Association California Police Chiefs Association California State Sheriffs' Association Culver City Police Officers Association Fullerton Police Officers' Association Inglewood Police Officers Association Los Angeles School Police Officers Association Newport Beach Police Association Orange County District Attorney Palos Verdes Police Officers Association Peace Officers Research Association of California (PORAC) Pomona Police Officers' Association Riverside Sheriffs' Association San Diegans Against Crime San Diego County District Attorney's Office San Diego District Attorneys Association Santa Ana Police Officers Association