In the April 27 Assembly Committee hearing, AB 1509 supporters charged that current gun related enhancements (including "use a gun/go to prison" laws) display systemic racism by creating "mass incarceration" that disproportionately affects people of color. They said tough sentences for those who use guns in committing crimes haven't worked and don't keep the public safe.

Sponsor

In that respect, supporters of AB 1509 implicitly echo positions similar to those of L.A. County District Attorney George Gascon, now facing a recall (and non-binding votes of "no confidence" by some LA County cities) based in part on his refusal to apply multiple charging and sentencing enhancements (compare: AB 1509 focuses only on gun related enhancements.)

In opposition, El Dorado County's District Attorney noted AB 1509 isn't about enhancements generally but about gun enhancements specifically; said now is not the time to do so; and said AB 1509 would create a public safety disaster.

Sponsor

Sponsor

The April 27 Assembly Public Safety Committee vote (Yes: Bauer-Kahan, Jones-Sawyer, Lee, Quirk, Santiago, Wicks; No: Lackey, Seyartoto) sent AB 1509 to the Assembly Appropriations Committee (a non-policy fiscal committee (de facto majority Democrat leadership gatekeeper) which may act on the bill on May 12. The Appropriations Committee, chaired by Assemblywoman Lorena Gonzalez (D, San Diego), could ultimately block the bill's advance or send it to the full Assembly for a floor vote.

Sponsor

Despite increased shootings (in mainly working class/historically disadvantaged areas of Central, North and West Long Beach), LB's policy setting City Council has failed to date to discuss the possible consequences of AB 1509 (introduced Feb. 19, 2021). The Council's advisory "Public Safety Committee" (now chaired by Councilwoman Suely Saro -- whose 6th district currently leads all others in shootings since Jan. 1, 2021) hasn't agendized AB 1509 for her Committee's discussion. Regardless of the Public Safety Committee's recommended action or continuing inaction, any City Councilmember can agendize a Council item to have the full Council take a policy position on the bill, pro or con.

On March 17, 2021, in response to increased shootings in Central LB, NLB and WLB, LBPD Chief Robert Luna sent the Mayor and Councilmembers a memo blaming increased shootings on the effects of the COVID-19 pandemic, not Council-thinned police levels...and didn't mention the potential effects of AB 1509. On April 20, 2021, the Council held a "study session" to hear what it called "Strategies for Addressing Violent Crime" which didn't discuss the potential effects of AB 1509.

As listed in the Public Safety Committee's legislative analysis, AB 1509 is supported by:

Anti-recidivism Coalition (Co-Sponsor) Bend the Arc: Jewish Action (Co-Sponsor) Blameless and Forever Free Ministries (Co-Sponsor), California United for A Responsible Budget (CURB) (Co-Sponsor) Congregations Organized for Prophetic Engagement (COPE) (Co-Sponsor) Dignity and Power Now (Co-Sponsor) Ella Baker Center for Human Rights (Co-Sponsor) Essie Justice Group (Co-Sponsor) Immigrant Legal Resource Center (Co-Sponsor) Initiate Justice (Co-Sponsor) Jesse's Place (Co-Sponsor) Kern County Participatory Defense (Co-Sponsor) Literacy Lab (Co-Sponsor) Ramsey’s Place Organization (Co-Sponsor) Re:store Justice (Co-Sponsor) Reentry Relief Project INC. (Co-Sponsor) Root & Rebound (Co-Sponsor) Rubicon Programs (Co-Sponsor) Safe Return Project (Co-Sponsor) Secure Justice (Co-Sponsor) Starting Over INC. (Co-Sponsor) The Place4grace (Co-Sponsor) The Transformative In-prison Workgroup (Co-Sponsor) UC Berkeley's Underground Scholars Initiative (USI) (Co-Sponsor) Underground Scholars Initiative (Co-Sponsor) Underground Scholars Initiative At the University of California, Irvine (Co-Sponsor) White People 4 Black Lives (Co-Sponsor) Ywca Berkeley/oakland (Co-Sponsor) ACLU California Action Asian Americans Advancing Justice - California Asian Prisoner Support Committee Asian Solidarity Collective California Attorneys for Criminal Justice California Coalition for Women Prisoners California for Safety and Justice California Public Defenders Association (CPDA) Cat Clark Consulting Services LLC Center for The Study of Racism, Social Justice, and Health Communities United for Restorative Youth Justice (CURYJ) Community Advocates for Just and Moral Governance Community Legal Services in East Palo Alto Creative Acts Criminal Justice Clinic, UC Irvine School of Law, Democratic Party of The San Fernando Valley Democratic Socialists of America - Los Angeles Fair Chance Project Felony Murder Elimination Project Freedom 4 Youth Fuel Heals Project- Helping End All Life Sentences Homies Unidos INC Ikar Legal Services for Prisoners With Children Mourning Our Losses No Justice Under Capitalism Pillars of The Community Pilot.com, INC. Pride in Truth Progressive Democrats for Social Justice Repeal California's Three Strikes Law Coalition Restaurant Opportunities Centers of California San Francisco Public Defender San Joaquin Pride Center San Jose State University Human Rights Institute Showing Up for Racial Justice (SURJ) Bay Area Showing Up for Racial Justice (SURJ) San Diego Showing Up for Racial Justice North County Smart Justice California Team Justice The Everett Program At UC Santa Cruz Think Dignity Timelist Group Ucsf White Coats for Black Lives Uncommon Law United Communities for Peace Usc Suzanne Dworak Peck School of Social Work's Unchained Scholars We the People - San Diego Young Women's Freedom Center and 371 Letters/Statements of incarcerated individuals plus 242 private individuals

AB 1509 is opposed by:

The California District Attorneys Association, California Peace Officers Association, California Association of Highway Patrolmen, California Rifle and Pistol Association, INC. California State Sheriffs' Association Gun Owners of California, INC. Los Angeles Professional Peace Officers Association, Peace Officers Research Association of California (PORAC), Sacramento County District Attorney, San Diegans Against Crime, San Diego County District Attorney's Office, San Diego Deputy District Attorneys Association

The Assembly Public Safety Committee's Legislative Analysis states in pertinent part:

1) Author's statement: The Anti-Racism Sentencing Reform Act will rectify a relic of institutionalized racism by eliminating the use of most firearm enhancements and drastically reducing the enhancement in two Penal Code sections. Reducing the use of sentencing enhancements does not mean there are no punitive actions taken, but rather, the reduction aims to curtail the extreme sentencing lengths of people who are incarcerated. These sentencing enhancements have fueled mass incarceration for decades without deterring crime or making us any safer.

"Firearm enhancements are one of the most commonly used enhancements that add extra years to a person’s sentence. The latest available data shows that 40% of the entire incarcerated population are impacted by this specific enhancement – with people of color (Black, Brown, API and Indigenous) representing 89% of those with these enhancements. This is what institutionalized racism looks like.

"AB 1509 will result in significant state savings without jeopardizing public safety. The data is clear -- enhancements do not improve public safety or effectively deter someone from committing harm. Our policy reform is a data-driven approach to reforming the criminal legal system to make California safer."

2)Sentencing Enhancements: "Generally speaking, sentencing enhancements derive their vitality from, and form a part of, the crime to which they are attached and alter the consequences the offender may suffer. The most direct consequence is additional punishment." (People v. Fuentes, supra, 1 Cal.5th at p. 225, citation and quotations omitted.)

3) Background of "Use of a Gun and You’re Done" Law (i.e., the 10-20-life Firearm Law): “In 1997, the Legislature passed the "Use a Gun and You’re Done" law that significantly increased sentencing enhancements for possessing a gun at the time of committing a specified felony, such as robbery, homicide, or certain sex crimes. Under the law, if someone uses a gun while committing one of the identified crimes, their sentence is extended by 10 years, 20 years, or 25 years-to-life, depending on how the gun was used. Often the enhancement for gun use is longer than the sentence for the crime itself. For example, in the case of second-degree robbery, a person could serve a maximum of five years for the robbery and an extra 10 years for brandishing a gun during the robbery, even if the gun was unloaded or otherwise inoperable. Someone convicted of first-degree murder would be sentenced to at least 50 years-to-life if a gun was used, whereas if the murder was carried out using another method – such as strangulation – the sentence would be half the length (25 years-to-life). A judge has no discretion in applying this enhancement; if a gun was used, a judge must apply it.” (California Budget and Policy Center (2015) Sentencing in California: Moving Toward a Smarter, More Cost-Effective Approach.) Deterrence was a driving factor behind this legislation: “The Legislature finds and declares that substantially longer prison sentences must be imposed on felons who use firearms in the commission of their crimes, in order to protect our citizens and to deter violent crime.” (AB 4 (Bordonaro, Chapter 503, Statutes of 1997.)

In 2017, the Legislature passed SB 620 (Bradford), Chapter 682, Statutes of 2017. This legislation allowed a court, in the interest of justice, to strike or dismiss a firearm enhancement which otherwise adds a state prison term of three, four, or 10 years, or five, six, or 10 years, depending on the firearm, or a state prison term of 10 years, 20 years, or 25-years-to-life depending on the underlying offense and manner of use.

4)Sentence Increases: Research on the Deterrent Effect and Impact on State Prisons: In a 2014 report, the Little Hoover Commission addressed the disconnect between science and sentencing – that is, putting away offenders for increasingly longer periods of time, with no evidence that lengthy incarceration, for many, brings any additional public safety benefit. (http://www.lhc.ca.gov/studies/219/Report219.pdf.) The report also explains how California’s sentencing structure and enhancements contributed to a 20-year state prison building boom, specifically remarking on the “significant sentencing enhancements” of the 10-20-life firearm law. (http://www.lhc.ca.gov/studies/219/Report219.pdf.)

5) Prison Overcrowding: In January 2010, a three-judge panel issued a ruling ordering the State of California to reduce its prison population to 137.5% of design capacity because overcrowding was the primary reason that CDCR was unable to provide inmates with constitutionally adequate healthcare. (Coleman/Plata vs. Schwarzenegger (2010) No. Civ S-90-0520 LKK JFM P/NO. C01-1351 THE.) The United State Supreme Court upheld the decision, declaring that "without a reduction in overcrowding, there will be no efficacious remedy for the unconstitutional care of the sick and mentally ill" inmates in California’s prisons. (Brown v. Plata (2011) 131 S.Ct. 1910, 1939; 179 L.Ed.2d 969, 999.) After continued litigation, on February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows: 143% of design bed capacity by June 30, 2014; 141.5% of design bed capacity by February 28, 2015...

6) Argument in Support: According to the Ella Baker Center for Human Rights, a co-sponsor of this bill, "The Anti-Racism Sentencing Reform Act will eliminate most gun enhancements and reduce the time associated with other gun enhancements to 1/2/3 years and open a pathway for resentencing for those serving time with relevant gun enhancements. Based in Oakland, the Ella Baker Center for Human Rights works to advance racial and economic justice to ensure dignity and opportunity for people with low income and people of color. For that reason, we support AB 1509 as it represents an important step in the struggle for decarceration and protection of our communities.

"Gun enhancements are the most commonly used enhancements that add extra years to a sentence. For example, if someone uses a gun during the commission of a robbery they could be charged for the offense which has a statutory range from 5 to 9 years, as well as additional time for the use of a gun, which could range anywhere from 10 years to a life term. The gun enhancement is then served consecutively, not concurrently, so a person may end up serving as much as five times as long as the underlying offense in enhancement time. The latest available data shows that 37,237 people in CDCR custody had some form of gun enhancement as part of their sentence. More than 89% of these individuals were people of color.

"Sentence enhancements are costly, ineffective, and contribute heavily to systemic racism in the criminal legal system. There are more than 150 sentence enhancements on the books across California’s Penal Code, however, there is no compelling evidence that their usage improves public safety. Instead, studies show initial incarceration prevents crime through incapacitation, each additional year of incarceration causes a 4 to 7 percent increase in recidivism that eventually outweighs the incapacitation benefit. Each year of incarceration costs the state approximately $81,000 per incarcerated person, with lifetime incarceration costing the state upwards of $5 million per individual.

"Not only do enhancements not serve public safety goals, they also serve no meaningful deterrence purpose. Research on extreme sentence lengths offers little to no support for the idea that the threat of longer sentences deters people from committing crimes. What research has consistently found is that people age out of crime, so that by the time the state has sentenced someone to an extremely long sentence, they have reached an age where they no longer pose a threat to public safety."

Argument in opposition:

According to the California State Sheriffs’ Association, "I regret to inform you that we are opposed to your measure, Assembly Bill 1509, which would eliminate specified firearm-related sentencing enhancements and reduce the available terms for other firearm enhancements. The bill would also permit resentencing for offenders who were sentenced under the current enhancement provisions.

"The use of a firearm in the commission of a felony is exceedingly dangerous behavior that is worthy of significant and appropriate punishment. Eliminating firearm enhancements and reducing time served undercuts the role these laws play in deterring criminal behavior and protecting our communities from those who have violated the law. Furthermore, the retroactive application of this proposal takes away appropriate remedies from victims of crimes who ostensibly sought and received resolution and justice."

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