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Sac'to Dem Backed Bill That Could Prevent Courts Statewide From Applying Sentencing Enhancements Passes...With Ass'yman O'Donnell and state Senator Umberg Recorded As "No Vote Recorded"

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(Sept. 10, 2021, 6:25 a.m.) -- A Sacramento bill -- SB 81 -- that could effectively require courts statewide to dismiss sentencing enhancements under various circumstances has passed the state legislature...with Assemblyman Patrick O'Donnell (D, LB-San Pedro) and state Senator Tom Umberg (D, SE LB-west OC) recorded as "no vote recorded."

On Sept. 9, the state Senate agreed with Assembly amendments on a 23-11 vote...with six state Senators -- including Tom Umberg (D, SE LB-west OC) -- recorded as "no vote recorded. State Senator Lena Gonzalez (D, LB-SE LA County) voted "yes."

On Sept. 8, SB 81 passed the Assembly 46-24, with 10 members -- including Assemblyman Patrick O'Donnell (D, LB-San Pedro) -- recorded as "no vote recorded." Assembly Speaker Anthony Rendon (D, NLB-Paramount) and Assemblyman Mike Gipson (D, NLB-Carson) voted "yes" on final passage.

SB 81 is now on its way to Governor Newsom who could sign it into law, let it become law without his signature, or veto it

The issue of not applying sentencing enhancements is prominent in efforts to recall L.A. County DA George Gascón...but SB 81 (authored by state Senator Nancy Skinner (D, Berkeley) and joined by co-author Assemblyman Alex Lee (D, San Jose) -- would apply statewide.

SB 81 states in pertinent part:

...(c) (1) Notwithstanding any other law, the court shall dismiss an enhancement if it is in the furtherance of justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute.

(2) In exercising its discretion under this subdivision, the court shall consider and afford great weight to evidence offered by the defendant to prove that any of the mitigating circumstances in subparagraphs (A) to (I) are present. Proof of the presence of one or more of these circumstances weighs greatly in favor of dismissing the enhancement, unless the court finds that dismissal of the enhancement would endanger public safety. "Endanger public safety" means there is a likelihood that the dismissal of the enhancement would result in physical injury or other serious danger to others.

(3) While the court may exercise its discretion at sentencing, nothing in this subdivision shall prevent a court from exercising its discretion before, during, or after trial or entry of plea.

(A) Application of the enhancement would result in a discriminatory racial impact as described in paragraph (4) of subdivision (a) of Section 745.

(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 any prior juvenile adjudication that triggers the enhancement or enhancements applied in this case.

(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.

(4) The circumstances listed in paragraph (2) are not exclusive and the court maintains authority to dismiss or strike an enhancement in accordance with subdivision (a).

(5) For the purposes of subparagraph (D) of paragraph (2), a mental illness is a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, but excluding antisocial personality disorder, borderline personality disorder, and pedophilia. A court may conclude that a defendant’s mental illness was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, statements by the defendant’s mental health treatment provider, medical records, records or reports by qualified medical experts, or evidence that the defendant displayed symptoms consistent with the relevant mental disorder at or near the time of the offense, the court concludes that the defendant’s mental illness substantially contributed to the defendant’s involvement in the commission of the offense.

SB 81 would apply prospectively, not retroactively.

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Sponsor

A Sept. 8 state Senate floor analysis listed the following supporters/opponents:


SUPPORT: (Verified 9/8/21)

California Attorneys for Criminal Justice (co-source)
Californians for Safety and Justice (co-source)
A New Way of Life Reentry Project
American Civil Liberties Union of California
SB 81
Page 6
Asian Solidarity Collective
Bend the Arc: Jewish Action
California Catholic Conference
California Public Defenders Association
California Religious Action Center of Reform Judaism
Communities United for Restorative Youth Justice
Community Advocates for Just and Moral Governance
Community Reflections Inc.
Democrats of Rossmoor
Drug Policy Alliance
Ella Baker Center for Human Rights
Fresno Barrios Unidos
Friends Committee on Legislation of California
Initiate Justice
Legal Services for Prisoners with Children
Pillars of the Community
Prosecutors Alliance of California
Re:store Justice
Rubicon Programs
San Francisco Public Defender
Showing Up for Racial Justice - Bay Area
Showing Up for Racial Justice - North County
Showing Up for Racial Justice - San Diego
Smart Justice California
Team Justice
Think Dignity
Time for Change Foundation
We the People – San Diego

OPPOSITION: (Verified 9/8/21)

California Narcotic Officers' Association
California Police Chiefs Association
California State Sheriffs' Association
Monterey County District Attorney’s Office
SponsorSponsor


Sponsor

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